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HomeMy WebLinkAboutAppeal DocumentsSubmit an Appeal to the City Commission, PZAB, or HEPB Submitted on Receipt number Related form version 20 May 2026, 8:43AM 211 20 Submitting your Appeal to the City Commission, PZAB, or HEPB On what date was either the administrative decision/interpretation issued, the CU revocation or denial Letter dated, or the resolution rendered? (click calendar icon). 05/08/2026 Proof of payment for appeal, noticing, and advertising fees? Did you pay your fees, if applicable? Please upload a copy of the payment receipt showing full payment of fees associated with the appeal. Your information Yes 08_COM Transaction ID 1297248 - Payment Conf 197129294.pdf What is your name or the name of your law firm representing as authorized representative? Please provide your email. Please provide your phone number? What is the administrative decision/interpretation number or the resolution number you are appealing? All of your documents shall become a public record. Please upload all of your required documents as detailed online. A summary list of the documents you need to submit is the following: 1) Appeal Letter 2) Proof of Lobbyist Registration (if applicable) 3) Corporate Resolution from Board of Directors (if applicable) 4) Other pertinent documents, i.e. Disclosure to Support or Withhold Objection, Power of Attorney, etc. Jimmy Morales- Miami Dade County ashlee.thomas@miamidade.gov 305-375-5042 PZAB-R-26-022 02_PZAB Resolution 26-022.pdf 01_Playhouse Zoning Appeal Letter to City Commission - Signed - JM.pdf 06_Letter to City regarding 2018 PZAB approval - September 18, 2025.pdf 08_COM Transaction ID 1297248 - Payment Conf 197129294.pdf 07_Planning, Zoning and Appeals Board - May 6th, 2026 MINI indx.pdf 03_PZAB-PZ-25-20237_Staff Analysis.pdf 09_hb-disclosure-of-agreement-to-support-or-withhold- objection_CGP Appeal signed JM.pdf 1 of 2 05B_CGP Lease and Business Plan Executed.pdf 05A_R-797-13 State Lease and MDC-FIU Agreement.pdf 04_PZAB May 6 docs combined_pages 1-53.pdf 04_PZAB May 6 docs combined_pages 54-135.pdf Digital Signature and Submission Please type your full name here and sign below. David Martinez -Delgado Using your mouse or finger, please provide your digital signature. Your digital signature verifies your submission ****The signature must be that of the individual "signing" this document electronically or be made with the full knowledge and permission of the individual; otherwise, it constitutes forgery under s. 831.06, F.S. The individual signing this document affirms that the statements and information stated herein are true. ****I hereby certify that the information supplied does not qualify for the exemptions contained in Chapter 119, Florida Statutes. hereby certify that the information indicated in this appeal submission is true and accurate, and that my electronic signature shall have the same legal effects as if made under oath; that I am authorized to execute this appeal submission as required by State, County, and Municipal laws.. Link to signature First Name: Email: City of Miami Platuting Department & Office of Zoning htto'/wwtiv.nvamigov.comvlan i w http://www.miamigov.com whim E-mail: eplanpz@rniamioov.com Planning: (305) 416-1400 Zoning (305) 416-1495 Exception, Waiver Application SUBMITTER INFORMATION Alex Last Name: aperaza tvamidade.gov Peraza Request Number PZ-25-20237 PRIMARY APPLICANT INFORMATION First Name: Jimmy Corporation: Miami -Dade County Address: City: Email: Last Name: Morales 111 NW 1st Street Miami State: Ash1ee.Thonras(cr�,nvamidade gov Phone: Florida Tip: 3053755042 33128 PRIMARY OWNER INFORMATION First Name: Jimniy Corporation: Miami -Dade County Address: 111 NW 1st Street City: Miami Last Name: Morales State: Florida Tip: Email: Ashlee.Thomasgn ianvdade.gov Phone: 3053755042 Project Name: Project Address: City: Master Folio Number. 33128 PROJECT INFORMATION The Coconut Grove Playhouse Project 3500 MAIN HWY Miami 0141210450140 State: Florida Unit Number: hp: 33133 SIGNATURE That under the penalty ofperjury, T declare that all the information contained in this permit application is accurate to the best of irny knowledge. NOTICE ,�h�rw cuM • That NO work or installation will conrnence prior to the issuance ofa building permit it and that all work will be performed to meet the standards of all laws regulating construction and zoning in this juisdiction. • T will, in all respects, pertorm work in accordance with the scope of the permit, the City of Miami's codes and all other applicable laws, regulations. standard and ordinances. • That all infomnation given will be accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. • That separate permits may be required unless specifically covered with the submittal of this application. • That there may be additional permits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Pennit fees are non-refundable APPLICANT First Name: Alejandro N Signature: Date: 11 Dec. 2025 OWNER / OWNER REPRESENTATIVE First Name: Jimmy Signature: Date: 12/12/2025 Last Nam: Morales COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY MIAMI FL, 33133 PZAB FINAL SUBMITTAL PZ-25-20237 02/06/2026 ARQUITECTONICA ARCHITECTURAL A-0.0.0 COVER SHEET A-0.1.0 INDEX A-0.1.1 EXISTING BUILDING PHOTOGRAPHS A-0.1.2 EXISTING BUILDING PHOTOGRAPHS A-0.2.1 EXISTING BUILDING PHOTOGRAPHS A-0.2.2 EXISTING BUILDING PHOTOGRAPHS A-0.3.1 EXISTING BUILDING PHOTOGRAPHS A-0.3.2 EXISTING BUILDING PHOTOGRAPHS A-1.1.1 REVISED SITE PLAN A-1.1.2 ROOF LEVEL SITE PLAN PARKING GARAGE A-1.1.3 REVISED LOT COVERAGE A-1.1.4 LOT COVERAGE DIAGRAM A-1.1.5 REVISD GREEN SPACE A-1.1.6 GREEN SPACE DIAGRAM A-1.2.1 REVISED GROUND PLAN A-1.2.2 SITE PLAN THEATER BUILDING WITH GARAGE BLDG A-1.3.1 REVISED MEZZANINE & LEVEL 2 A-1.3.2 MEZZANINE FLOOR THEATER BLDG A-1.4.1 REVISED CATWALK & LEVEL 3 A-1.4.2 CONTROL & CATWALK FLOOR PLAN THEATER BLDG A-1.5.1 REVISED GRID IRON & GARAGE LEVEL 4 A-1.6.1 REVISED ROOF A-2.1.1 REVISED ELEVATIONS A-2.1.2 ELEVATIONS A-2.1.3 REVISED ELEVATIONS WITH LANDSCAPE A-2.2.1 REVISED ELEVATIONS A-2.2.2 ELEVATIONS A-2.2.3 REVISED ELEVATIONS WITH LANDSCAPE A-2.2.4 ELEVATIONS WITH LANDSCAPE A-2.3.1 REVISED MATERIALS A-2.3.2 MATERIAL BOARD A-3.1.1 REVISED SECTIONS A-3.1.2 SECTIONS A-3.2.1 REVISED SECTION A-3.2.2 SECTIONS A-7.1.1 REVISED VIEW OF COURTYARD A-7.1.2 VIEW OF COURTYARD A-7.2.1 REVISED VIEW OF COURTYARD A-7.2.2 VIEW OF COURTYARD A-7.3.1 REVISED VIEW OF CHARLES AVENUE A-7.3.2 VIEW FROM CHARLES AVENUE A-7.4.1 REVISED VIEW FROM MAIN HIGHWAY A-7.4.2 VIEW FROM MAIN HIGHWAY A-7.5.1 REVISED VIEW FROM PASEO A-7.5.2 VIEW FROM WILLIAMS AVENUE (PASEO) A-7.6.1 REVISED VIEW FROM WILLIAMS AVENUE A-7.6.2 VIEW FROM WILLIAMS AVENUE A-7.7.1 REVISED VIEW FROM VIA ABITERA WAY A-7.7.2 VIEW FROM VIA ABITERA WAY HISTORICAL A-8.1.1 EXISTING FRONT BUILDING ELEV & 1ST FLOOR A-8.1.1a PROPOSED FRONT BUILDING ELEV & 1ST FLOOR A-8.1.2 EXISTING FRONT BUILDING ELEV & 2ND FLOOR A-8.1.2a PROPOSED FRONT BUILDING ELEV & 2ND FLOOR A-8.1.3 EXISTING FRONT BUILDING ELEV & 3RD FLOOR A-8.1.3a PROPOSED FRONT BUILDING ELEV & 3RD FLOOR A-8.2.1 HISTORIC WINDOW & STOREFRONT DETAILS A-8.6.1 DOCUMENTATION OF EXTERIOR DETAILS A-8.6.2 ROOF GABLE & CRENELLATION DETAILS LANDSCAPE L0-000.1 LANDSCAPE INDEX LO-001.1 LANDSCAPE NOTES L0-002.1 PLANT IMAGES L0-003.1 LANDSCAPE LEGEND L1-100.1 RENDERED PLAN L1-101.1 TREE DISPOSITION PLAN L1-102.1 TREE MITIGATION PLAN L1-110.1 HARDSCAPE PLAN L1-120.1 TREE PLAN L1-130.1 SHRUB & GCVR PLAN L5-110.1 HARDSCAPE DETAILS L5-120.1 PLANTING DETAILS SURVEY V-01.1 CURRENT BOUNDARY SURVEY V-01.2 PREVIOUS BOUNDARY SURVEY V-02.1 CURRENT BOUNDARY SURVEY V-02.2 PREVIOUS BOUNDARY SURVEY V-03.2 PREVIOUS BOUNDARY SURVEY NOTICE PZ-25-20237 712712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL INDEX 02/06/2026 A-0.1.0 CURRENT Ii • ti ir• 0 S4 w'1t.S1\. ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 ` 305372.1812 T 305.372.1175 F F ITo.. of ZI,TE«sIT=MoAWra,NL=T,..«.fgg,..AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL EXISTING BUILDING PHOTOGRAPHS 02/06/2026 A-0.1.1 EXISTING BUILDING PHOTOGRAPHS A0.1 NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305,372,1175 F COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL EXISTING BUILDING PHOTOGRAPHS 02/06/2026 A-0.2.1 PREVIOUS VIEWI OW OF SLUR NEAMIC NARDI MAW WNW ...v..* eq11..- aMigr 4.waywaw saart eaSON••••pon. •••••Zwi. Me.11.10 1 3t1 Wm- = 0110.4046 EXISTING BUILDING PHOTOGRAPHS A0.2 CURRENT NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305,372,1175 F F ITo.=TET,'sIT=,- oAN_raNL=rnt,..«.=..AE AEo,-.g. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL EXISTING BUILDING PHOTOGRAPHS 02/06/2026 A-0.3.1 PREVIOUS DESIGN Imerairami Z.110.1im= owe !Wm 1 Vi11111411 EXISTING BUILDING PHOTOGRAPHS A0.3 Coconut Grove Playhouse Project Index of Drawings (Previous and Revised Design) Architecture Drawings: A-0.1.0 A-0.1.1 A-0.1.2 A-0.2.1 A-0.2.2 A-0.3.1 A-0.3.2 A-1.1.1 A-1.1.2 A-1.1.3 A-1.1.4 A-1.1.5 A-1.1.6 A-1.2.1 A-1.2.2 A-1.3.1 A-1.3.2 A-1.4.1 A-1.4.2 A-1.5.1 A-1.6.1 A-2.1.1 A-2.1.2 A-2.2.1 A-2.2.2 A-2.2.3 A-2.2.4 A-2.3.1 A-2.3.2 A-3.1.1 A-3.1.2 A-3.2.1 A-3.2.2 A-7.1.1 A-7.1.2 A-7.2.1 A-7.2.2 A-7.3.1 A-7.3.2 A-7.4.1 A-7.4.2 A-7.5.1 A-7.5.2 A-7.6.1 A-7.6.2 A-7.7.1 A-7.7.2 A-8.1.1 A-8.1.1 a A-8.1.2 A-8.1.2a A-8.1.3 A-8.1.3a A-8.2.1 A-8.6.1 A-8.6.2 Landscape drawings: L0-000.1 L0-000.2 L0-001.1 LO-001.2 L0-002.1 L0-002.2 L0-003.1 L0-003.2 L1-100.1 L1-100.2 L1-101.1 L1-101.2 L1-102.1 L1-102.2 L1-110.1 L1-110.2 L1-120.1 L1-120.2 L1-130.1 L1-130.2 L5-110.1 L5-110.2 L5-120.1 L5-120.2 Survey drawings: V-01.1 V-01.2 V-02.1 V-02.2 V-03.1 V-03.2 REVISED DESIGN CHARLES AVENUE EE PROGRAM PROVIDED THEATER STRUCTURE 100 Performance Space & Rebated 7,658 200 Back of House Spaces 300 Front of House &Public Spaces 5,248 500 Rehearsal Space / Black Box & Related 2,500 600 Scene Shop & Related 4,873 700 Costume Shop & Rclatec B29 MEP/Trash (gross oreoJ 1,335 Total sq feel 28,172 PARKING AREA P. SPACES Parking - Below Grade 13 4,834 Parking - Grcunc Flour Parking - TYpicel Level 58 22,230 'umber of Pnrking- typical Levels Parking Roof Level 00 19,535 Total Parking Spaces /Total sq feel 289 114,648 OFFICE AREA Office on Lealn Hlgbway 21,390 Office Theater support 2,622 RETAIL F&8 AREA Nod & Beverage 3,780 Office a FOB TOW sq reel 27,792 HISTORIC RESTORATIO OFFICE AREA and & 3rd level Offices 6,626 Circulation 3,169 RETAILAREA Grounc Level Retail Total sq feet 2,636 12,931 CIVIC rersuPPo rspam' WKS BIKES HANDICAP PARKING LONGING [Looted iraores1 TOTAL AREA 183,043 ZONING CLASSTICATION FENIX ROOD ZONE LOT PEN 5. mg HOOP SOT PATIOS., X., GREEN OPEN SNIDE, Rol Pres MB DRIVEWAY WIDTH mt.. 5F0C. rrad.... , •,I ar / EXCEPTION PeL Anrae %Section s.a.elel 2401 NA - 5NSA NA 69 NA a/A �A vR 21e ,10 FL 100, NA N/A 81 FL ua 1% ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F nr ttA oHt atttcaA, n�.t.u,t .ntTaa t_tA,na, .Im r,..t , al at.at a,tanl:,. 1' COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED SITE PLAN 1/6411=1'-0" 02/06/2026 R1 03/11/2026 A-1.1.1 PREVIOUS DESIGN i :QD M1.I HaanM. Awe•. TT 1YAMnnreN WO Haan a,a nv a her I(,s.: oft YI./'-M INWxawJ Aw YhrMPo NOI .bars &oa14441ITroY ar i� 1n• YMMXtlf IYAl fm'e•aw 9VTL Wyl 1 _s_1. kW.Y rnxw Ak. • xe pv. s+.ne'tl"S.M. • es." I.ne rYM Aev.K IAs l TM/ M MA fei 11147 Mr n o- r.••. ILAV ]W_e.•' Alh UAW TMII M IMI ILLS .i4 Mta NeloWi T..aly .1341 amrrrr YMWwf atn.. kWOS M...ayrMr.. an L:n •m�L x1e.w Se yptl y11010I1I MI; In1YAwll MAI ww..r^r••ye,.xxAMV1 as A•I xww�� - AY�wUe�+ ir• MMA.Ia_ a Wee 4.4 *rll.Y.xsrR•x. �rwvw.MRr• Lid* rw ammo Yam IP PUNS REVIEW 114, y c • rxY -1_ rw • rm. ArMYW ROOF LEVEL SITE PARKING PPARKGARAGE I� Al 1 _ REVISED DESIGN NOTICE PZ-25-20237 712712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F ITo.. of ZI,TE=T=ZMN E_raZ,ZM,..«=aAE A,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED LOT COVERAGE 1" = 40'-0" 02/06/2026 A-1.1.3 TOTAL LOT COVERAGE: 66,191 SF 27,203 SF PREVIOUS DESIGN Zada ZA.O.11•••••.... CM' OF If 14. REARIPIO . MANS LOT COVERAGE DIAGRAM - . 21_ --• ' TOTAL GREEN SPACE: 15,562 SF REVISED DESIGN 1 N i ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 1 - 305.372.1812 T 305.372.1175 F F ITo==.1 a E=, o%=- oAWra,N,1=,=.A ..AE A,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED GREEN SPACE 02/06/2026 A-1.1.5 PREVIOUS DESIGN TOTAL GREEN SPACE: 15,473 SF CITY Or Ihtal• PIRAMING 001101011 VIANI REVIEW ay. 01.1•1•I • .1.6.•••• vitor.s....61. toe ri7F. art GREEN SPACE INAGRAM r--- Al.lb ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED GROUND PLAN 1" = 40'-0" 02/06/2026 R1 03/11/2026 A-1.2.1 PREVIOUS DESIGN p ••••••••1111M. 1.1.144.111111 491.0.416.06.40, k_Wiflagairk SITE PLAN A1.2 REVISED DESIGN NOTICE PZ-25-20237 3.12,020 p7• ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F ITo.. of ZI,TE=T=ZMN E_raZ,ZM,..«=aAE A,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED LEVEL 2 MEZZANINE 1" = 40'-0" 02/06/2026 R1 03/11/2026 A-1.3.1 PREVIOUS DESIGN i ANOMICIPaimaRIMIli - omFAIIPMMIWIltrOla MEZZANINE FLOOR THEATER 8106 I MJ ,10 A1.3 REVISED DESIGN wrnwr rf'� fr NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 `E6 - 305.372.1812 T 305,372,1175 F COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED MEZZANINE LEVEL 3 1" = 40'-0" 02/06/2026 R1 03/11/2026 A-1.4.1 PREVIOUS DESIGN i 1 i env OP lime OILIPOla BOMBS KAM MEW —.—. agaa orDt INKa 90441 me CONTROL & CATWALK THPLAN EATER BLDG 1,27 A1.4 REVISED DESIGN ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F ITo.. of ZI,TE«sIT=5,- oAN_raN=,..«:=1AETAEoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED GRID IRON & GARAGE LEVEL 4 1" = 40'-0" 02/06/2026 R1 03/11/2026 A-1.5.1 REVISED DESIGN .40 NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305,372,1175 F COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED ROOF 1" = 40'-0" 02/06/2026 R1 03/11/2026 A-1.6.1 REVISED DESIGN 1•111,3•10. miaow. . foLTl w!l o. irCmirocavr 17 NORTHWEST ELEVATION. PMJN HIGHWAY AN NORTHWEST ELEVATION: PAWN HIGHWAY f r ...0 � r LIBTE 'VISION GI r .ter M �1DRIZONT"L AOLDNc jrN. HISTORIC BACK ELEVATION a«Rca . AVEMIE CISALES AVENUE CONCRETE '',VDUS CONI'OSITE RANK REENy VISION G ASS OREFRONT FGDET ENTRY taw NOWAY CONCRETE WISED CGNI=OSITE RAINSC PEEN VISION GIISS SOPEFRQNT HGNAAI f :=:-' r.-r...xwr_, ,r- rww,Ww ISTERIC f 7l7SYi.,rw,u ' BREEZEWAY •.. 4 R HISTORIC SIDE ELEVATIONS ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812T 305.372.1175E .., o..«..oN.af,'say,,o3:=5==n4Nng,..«.fp.N,..AE2,-:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED ELEVATIONS 1" = 40'-0" 02/06/2026 A-2.1.1 PREVIOUS DESIGN 1p I.L.,13M[1911R t - nYVV 1.1.1tIkr: i\ NORTHWEST ELEVATIONMAIN HIGHWAY • le V • 414v +it • caera SWAPO l99.019.9 ROOK 414el,!..A• 411h_NORTHWEST ELEVATION: MAIN HIGHWAY ,",tIISTORIO BACK ELEVATION CgkELES _ MAN AVENUE HIGHwAY CHARLES MIKE HAN HIGHWAY HISTORIC SIDE ELEVATIONS 1•030 (01.1,40,4 _PAAN22K uD :::•;." 9.r.e. Lev soAmoS numi nenEW M..* Oft ene....asp• IMIIIMIA• ,1;04411tv AN I I rl ik=noly INI116 ELEVATIONS A2.1 REVISED DESIGN IMlMKMNOpV1 NORTHWEST ELEVATION MAIN HIGHWAY rw *NWS ERDriT ENTRY MAN AVENUE IOU AY ett •gu ," NORTHWEST ELEVATION: MAIN HIGHWAY 41. HISTORIC BACK ELEVATION Is ORIC BNEEZEVJA" ENTNY CONCRETE VVDOD COM'OSITE , RAIVSCR.EEN CONCRETE A,:JOB CINPOSITE RAIVSC, PEEN S REERON HAN HIGHHAT rTr" ..411411,1VOlaro IeSTORIC SIDE ELEVATIONS M •r1•r.w Y•Pn "I .r.rIIIMPEN:rr.: r4IM e NOTICE PZ-25-20237 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F g,.:. oF.«aI,TE11g, o=-.RioA4E_..,N,1,LI.ng,..«. 1gls,E A,Eoa:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED ELEVATIONS WITH LANDSCAPE 1" = 40'-0" 02/06/2026 A-2.1.3 WOOD COMPOSITE RSINSCREEN 6 LRE=RON r.,vr— . y T Illllflill IUJtiil IMF 111111 MMII 11111111111111111111111111111111111111111 ♦ t `>• SOUTH ELEVATION: WILLOW AVE EAST ELEVATION: VIA A8ITERA ',VAT SOUTHWEST ELEVATION THOMAS AVE WEST ELEVATION 1M000 POMPOSI E PAINSC REEV GLASS ERFOR4TEO ME 4L REVISED DESIGN ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 ` 305372.1812 T 305.372.1175 F F .TO.. oF...oI,TE«sIT=MoAW..,NL=T...«.fgg,T.AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED ELEVATIONS 1" = 40'-0" 02/06/2026 A-2.2.1 l .w "`womaaroalla RBI cn �sr uv¢� ia,v .0 s 'Sai.. rs 'SILLY H., atob. EAST ELEVATION: VIA ABITERA WAY AI, SOUTHWEST ELEVATION: THOMAS AVE Ait1 WEST ELEVATION LOLL 004,4, ,441.4404140. .a+-io.c-v PREVIOUS DESIGN i1TV Oi MAIN H[AJW O OOAFq PLANS Kevin wm.4r -. _ ,I.,fidHir' I.aiiwiww µtI II ELEVATIONS l,.t-ro A2.2 r i, v 000 COMPOSITE INSCREEN ^CLfTH FL F.VATION '. t I tA! 1 AVF (MOOD CON'OSI E UNDUE. EAST ELEVATION: VIAABITERA WAY SOUTHWEST ELEVATION THOMAS AVE f_ WEST ELEVATION GLASS ERFOR4TEO MEDAL IEMI t l W 111►.... _MY 11Sio. f'l ♦ ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F ITo.. of «a ol,TE«s1,1:=,-Z1oA7-raZ,ZM,..«.=1,1eTAEoa:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED ELEVATIONS WITH LANDSCAPE 1" = 40'-0" 02/06/2026 A-2.2.3 kt- SOUTH ELEVATION: WILLIAM AVE !!!' !!L" ■Alul II1111111111 - ,tem,.,...... III"! '• • J1III_. EAST ELEVATION: VIA ABITERA WAY /L), WEST ELEVATION PREVIOUS DESIGN CRY Of MUM NtAfllli3 UO 4011 PLANS IEWEIN •MdarTtrue. Ole MEM— tiAll IIIM- dpl MO- - N• • .111.11. • ELEVATIONS WITH LANDSCAPE SOU •v- r A242a REVISED DESIGN KEYSTONE VENEER VISION GLASS STUCCO WOOD COMPOSITE RAINSCREEN PERFORATED METAL SCREEN CONCRETE BENCH AND PLANTER STUCCO NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 ` 305372.1812 T 305.372.1175 F gTo===,f«sa,r.=,- oAN_raN,,===...AE2,.:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED MATERIALS 02/06/2026 A-2.3.1 KEY -STONE ROCK VENEER WALL HORIZONTAL SCORED STUCCO PREVIOUS DESIGN 1 CONCRETE BENCH PERFORATED METAL SCREEN VERTICAL SCORED STUCCO WOOD COMPOSITE RAINSCREEN VISION GLASS OTT Of M pp a��MAW MINN r ut MATERIAL BOARD _- A2.3 7 REVISED DESIGN NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305,372,1175 F COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED SECTIONS 1 "=401-0" 02/06/2026 A-3.1.1 PREVIOUS DESIGN SECTION AA SECTION &8 C / PUNS SP MW ....`... Y� •piM Y� .eR MYNAS Mi011kaiE.1.. aza .V r•ww.a,w NN117M MOONS REVISED DESIGN TOTAL PARKING SPACES. 289 NOTICE PZ-25-20237 712712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F ITo==.1=1,ro3:=- oA7_ra=41,=.A ..AE A,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL REVISED SECTION 1 " = 40'-0" 02/06/2026 R1 03/11/2026 A-3.2.1 PREVIOUS DESIGN ROOF OFFICE OFFICE 40 PARKING SPACES OFFICE OFFICE 65 PARKING SPACES 65 PARKING SPACES 65 PARKING SPACES 68 PARKING SPACES T TAL 303 PARKING SPACES SECTION G•C ROOF 3 2L 2A I OFFICE OFFICE OFFICE J A Git1! 01, MUM MARINO 0040101 RAM WNW wem •ram 1• +rrir ry..wMr IP ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 - 305.372.1812 T 305.372.1175 F F ITo.. of «aI,TE«sa,r==traZ,Zrn,..«=1AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW OF COURTYARD 02/06/2026 A-7.1.1 PREVIOUS DESIGN • 41•111141.11111. Qv. • VIEW OF COURTYARD ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 ` 305372.1812 T 305.372.1175 F F ITo.. of ZI,TE«sIT=MoAWra,NL=T,..«.fgg,..AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW OF COURTYARD 02/06/2026 A-7.2.1 PREVIOUS DESIGN PTV 0► MAW IEMIN40 WARM PLANE REVIEW Aft Er .,., K -, VIEW OF COURTYARD A7.2 REVISED DESIGN NOTICE PZ-25-20237 )12712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 `E6 305372.1812 T 305.372.1175 F F ITo.. of ZI,TE«sIT=MoAWra,NL=T,..«.fgg,..AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW OF CHARLES AVENUE 02/06/2026 A-7.3.1 PREVIOUS DESIGN • �, f,•�- �dr% ON Mt 004 MIME I I- ...am MI "—VIEW FROM CHARLES AVENUE A7.3 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 305372.1812 T 305372.1175 F T,,Ig=7ZI,TET,'IsIT=5,-ZtN2Z;ZMV:=1,:sget-2;:ft`"" COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW FROM MAIN HIGHWAY NOTICE PZ-25-20237 02/06/2026 712712020 A-7.4.1 PREVIOUS DESIGN VIEW FROM MAIN HIGHWAY A7.4 REVISED DESIGN ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 `E6 305372.1812 T 305.372.1175 F F ITo.. of ZI,TE«sIT=MoAWra,NL=T,..«.fgg,..AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW FROM WILLIAMS AVENUE 02/06/2026 A-7.5.1 PREVIOUS DESIGN avv CIMINO 14411016 SOMwos PIANO MIEN +_ • .,- �.w .ems immr":11•• SommAvi "- VIEW FROM WILLIAMS AVENUE A7.5 REVISED DESIGN NOTICE PZ-25-20237 712712020 ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 `E6 - 305.372.1812 T 305.372.1175 F F ITo.. of ZI,TE«s1, o3:=5,-,=7_raZ,ZM,..«:=1AE2,-:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW FROM WILLIAMS AVENUE 02/06/2026 A-7.6.1 PREVIOUS DESIGN alwAml us snit VIEW FROM WILLIAMS AVENUE A7.6a 1 REVISED DESIGN ARQUITECTONICA 2900 OAK AVENUE MIAMI, FL 33133 `E6 305372.1812 T 305.372.1175 F F ITo.. of ZI,TE«sIT=MoAWra,NL=T,..«.fgg,..AEA,Eoml:,. do COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL VIEW FROM VIA ABITERA WAY 02/06/2026 A-7.7.1 PREVIOUS DESIGN Cfrir Of INAVI WARM SWAM MANS REINA* V.Z.Z.01.0 P•101.10106 AimaldellIMMINI. owl ....40,11{,P•10,06 •••,••••••.ma = = .1.0.1. • ttfEW FROM VLA ABITERA WAY A7.7 0 0 EXSITING FRONT BUILDING FIRST FLOOR PLAN . , . NEE fl Fr 0 1E11 • • • Mi. 1:111111! MR 11 SS F E E fl E EXISTING FRONT BUILDING OW OF USW 110060401100A •StRVATION IS SH00% ORIlluORRPNICALLY OPt FRONT ELEVATION SRCIIP, /OR CSIItS5 111C/tOP4 EXISTING DOCUMENTATION OF FRONT BUILDING 1uu41/.1su Om/. wolk amoolmitovito *IMO I. III.Oldlet .WM0. PA MS .11111 imposhool *um q.v.; swam,if et *Mel tl• "ones rrast wely of oaf 1.6 nortmdli• igporlk4 spry elmanuff.orfo owslattl Whob OINIMMEN. OM. DID.* W.F. rlma.y.rrorrama..wy.ln.p snarl. Newf. Antiwar A.rmp norarrgimrdMOP ToOk VVI PROPOS D RONT BUILDING FIRST LOOR PLAN PROPOSED FRONT BUILDING FRONT ELEVATION PROPOSED FRONT BUILDING SOARIN •tLI TIOM 13 !MOWN ORIMOGRAIMICALLY Or a.r A$1.4•lr.a. tYa•.o ma de* d•.I11 m/YRovOoslit ma. waftN AIM=bWNW nliMlNYw(YrWiY'e.A. CWwYMw wleWet 0 EXSITINO FRONT BUILDING SECOND FLOOR PLAN PLAYHOUSE C:lrti EXISTING FRONT BUILDING EXISTING FRONT BUILDING WEST ELEVATION EAST ELEVATION EXISTING DOCUMENTATION OF FRONT BUILDING Mew +•s•.a s••we w se amen* pow, orl.srisr %awe,PA. Bawl= WrqoAmasealpprilignelinmom••.n..ra whim NG f *R S ROBS RMLW uwrrrMM•41.+.i o.e.o.*.wro.rwn Mwwmmuiss RfMyilob . . PROPOSED FRONT BUILDING WEST ELEVATION PROPOSED FRONT BUILDING SECOND FLOOR PLAN PROPOSED FRONT BUILDING PROPOSED FRONT BUILDING EAST ELEVATION seat.8 b•. s.e• CITY OF�MAIM p� NAM Rellp w .�► 'S W aa0+$alhdr.P..l, all Am 114safs AMP.. PA. r Amp sw■.malad pulp, AAA ,.■,.N .seofW mar. IIM derYdfidi1AWWI$iW AMA. PIPPN nww e.•n.M.M*I B XSITINO FRONT BUILDING THIRD FLOOR PLAN EXISTING FRONT BUILDING REAR ELEVATION ..... v.. . •1NT.N1 IL ION IS SHOWN UNIOLD1O I1ACH PACES OP TN■ 1L111AT10N CAN SS NEASU$SD AT TRU\ 1CALS1 EXISTING DOCUMENTATION OF FRONT BUILDING IM.Any...44w•Y.— n...t+- ..I lnp.q Betel Nes041AyYat►Apt/NisANMANNIHH.I.NIM►yYds.ANN..se.w R.rJ...l SHADED POETIO%SNOW% IN FICTION. AT I111 L1NL YNSAC IT INTERSECTS IRE UNTOLSIID CL\1AT10N OI T11E INONT NU11O1N0 1HATC\ASO 14111v ESP TWIN COOEOINAT11 WITH UNFOLDED 1LIVATION. NOT WITH 11AN/. OW OP MAW NEMM/O WARM PLANS REVIEW smagreftE .r.Nw • TN a.use.. INN ANA .M.l Nv....1 taftej.LwAa NNPRODINAHL IWNIN NUSRHAASWOUWWYH161M1eNiHmWwY SWANw0M1.0Y PROPOSED FRONT BE ILDING THIRD FLOOR PI AN III II W Mf u EiEl PROPOSED FRONT BUILDINO REAR ELEVATION PROPOSED FRONT BUILDING arvo --. 'SEE DRAWINGS BY AROUITECTIONICA MAIMNAMR� r_,� s. .o.•en 144 -- n...n.w.•.rn..np..m..f)'i�R<A4aP MInR 1. ifsbMMY6 �'Ad r fe.ry..i0iem�Y�6 �dY+ni.naawNIra eel.b. lY*ft .hNd Toot riuimMt$r old e.+gtah Mr,I 11.0w+1111 we.oi.es moms. 1.I.alibi FIRST FLOOR DOOR SCllE1)ULF: cin • - 'P▪ P ▪ PITO. DOER ua Ta Q1Y V lies • 11111AM OM* TO W MARtir 141/AL(TAD IMPACTMOWCOMM AI ALLGOOIIS TOI4ET HAIR C'OLNTY HLVIIY APPROVALP011OOALT, C11CIJC 11AT1 IiiSTA 1W AUL AMII'Al11 MOTU INK • 11Y*TAX TILVAI10i OP IRVHI1l[ 1LTL13032 YtR LYA111f61T AfQ1p1111LYOLCA 1013 Try1'L'1YN1 IN lN • (ANOV1M1 14 M 10ICLD MDT SI1IU1p1OnPi C+Os WITH TIMM AND 1 )01 11O %TAR101 ANY JATEO WORT 0R 00160 COOR1 AMD%THO I& WINDOW SCHEDULE nM1011101u • NTMDOWS 109E YAM P.TRIAL LIA 1LtlIMY wMO11% AIM D11t1. LNf= C.IW. ALL 11D *IM] 10 Wilt OAT* COINITfIHoflTf ATOTOVAL IOAIMPACT,CYf W 1TW 1UW*1. AIR ASO 1'AD'11 IM71L}RA111N • ALL 11HDOM AATEAOLIES TO RE fACPORT MLLLLn * 111 OTHIf1LYC LM1CA11D • FOR R&.MEEVATXfi OF 19L'TO1TL'9LlLMOS1L 1YAN71Y69YQO A1II1TItL11C A MAWSSItIY1TY A1MON'Mf111MADIN • CIMIIAi1OR 101Ill MUFTI ALL M%1010111.H)TA7611T1 VEMl10R AND AAC71111[T PRIOR TO 1Mt. START M ANT MATTO WORK OPOSDERING 01 DOORS AND W.43011S. C>ERAL:fOIES • ALL 1411 ItAFOIa1D TOM LS COWLIAVCL 111111LI10DA DLWO N.,CVO. J11.101111N' • All S11i(CO 10 ri ammo 10133101NA1 UAW 11A11D3113T0 • W ALL 01.3*111LSTIMED TOOSICAAAL • ARCTOIF{Y TO A/ROYE ALL 1111131 MATEILLL A\DILAR01'ARE PRIM TO M1131A1F. PROVIDE AM 71111 V' 1 16111111' 1 11113 1 AM J t ATIM J 31011 AMU/TM -_t • 1111111i. Ai waaonxlullen.14.1• WYKWN61wfI1Ri1YMrv•T., •%Dq0 111 • COT Of IMY HEARING SOAROS PLAIN REVIEW •n.M"1'� A.10 v. tr line &A•a••AI AwM+•w r..N.M...I 1..P.n.O 11n. 1 item*..1.1/n. 1... rot wr n. 1.'.i•w.0l.•. .I..d.. •...Ir.•wn1.lb u.iLar 16....AA* n.refn1 W^•!i'•[llawiw.tr..A lotto w.moll. li•wr.. .•••tll1l,1fill313E11011NL111101•1I11/il ItS*lR 09.4MI.11I R t- -- r-• = 1 J a [[4: r.-17,1 ,I; 7. Fri FRIEZE CENTER BAY WINDOW TRIPLET tipgrase 11 THIRD FLOOR CENTER BAY WINDOW DOCUMENTATION OF EXTERIOR DETAILS I1r 4./s.a.len.•••an 1. aqf WrM PM.I Of lgs 1. Irr4w MOWN. PA W wYiMYgaimuloM1. a yaai w.111n�a.lr.al,a.n CR. ef I.AYI MIAMIN` POARM SOLOMONIC COLUMNS AND ENTAI VITIV. mobs w.nr Om 4 .... e►'..r...Mal *leak mod ..nA.It.s....afa,.r+.ds,grr.4.orm .+f soy4�sb.rs...y .•• de rase Irk= unn..�.w a..,�r�•.'Wi e.,..w _ a ► ► ► ► ► ► ► t r ► .rnn.r.ara wowr Met BMW rren. IN r A , 4 M WWI BOARDS REVIEW NMI. isms iM Jrtl/Y rC WIe{� rabawrwgN JrlorgHM..I. IYswLv MMrt. P A man larroa1a wore ma d"...tar ,..... le.*_W .nUr.l.Nr•r.w or W. Wb.., 4k L rye nrmJ maaprun uM .MonW5. *nrrarq rvrl. lirw.lynerW raid 7 i =1 LEGAL DESCRIPTION PARCEL I Lots 1 and 2 of Engle Subdivision according to the Plat thereof, recorded in Plat Book 64 at Page 43, of the Public Records of Miami -Dade County, Florida. PARCEL II Beginning at the intersection of the agreed Westerly line of the NW 1/4 of the SE 1/4 of Section 21, Township 54 South, Range 41 East, with the Northerly right of way line of Charles Avenue (formerly Evangilist Street) according to the Plat of Frow Homestead as recorded in Plat Book "B" at Page 106, of the Public Records of Miami -Dade County, Florida; thence South 89 degrees 56 minutes 00 seconds East along said right of way line for 150.76 feet to its intersection with the Northwesterly right of way line of Main Highway; thence North 28 degrees 49 minutes 45 seconds East along said right of way line for 83.04 feet to a point on the Southwesterly right of way line of a former 14.12 foot alley, lying Southwesterly of and adjacent to Lots 75 through 80 of the DeHedouville Subdivision, according to the Plat thereof, as recorded in Plat Book B at Page 150, of the Public Records of Miami -Dade County, Florida; thence North 45 degrees 01 minutes 30 seconds West along said right of way line of 12.59 feet to the most Southerly corner of Engle Subdivision, according to the Plat thereof recorded in Plat Book 64 at Page 431, of the Public Records of Miami -Dade County, Florida; thence North 28 degrees 49 minutes 45 seconds East along the Southerly boundary of the said Engle Subdivision, being also the Northerly right of way line of Main Highway for 2.65 feet to a point of curvature of a circular curve concave to the South and having a radius of 745 feet; thence Easterly along said curve through a central angle of 0 degrees 17 minutes 00 seconds for 3.68 feet to the center line of the aforementioned alley; thence North 45 degrees 01 minutes 30 seconds West along the center line of said alley for 124.21 feet to the intersection of said center line with Northwesterly boundary line of Tract B of said Engle Subdivision; thence South 44 degrees 58 minutes 30 seconds West for 7.06 feet to a point on the Southwesterly boundary of Lot 2 of said Engle Subdivision; thence North 45 degrees 01 minutes 30 seconds West along the said Southwesterly boundary of said Lot 2 for 101.05 feet to a point on the arc of a curve, having a radius of 25 feet and a central angle of 40 degrees 23 minutes 20 seconds and having a center which bears North 40 degrees 44 minutes 00 seconds West from said point; thence Southwesterly along said arc for 17.62 feet; thence South 89 degrees 39 minutes 20 seconds West for 5.20 feet; thence South along the agreed Westerly boundary of the NW 1/4 of the SE 1/4 of Section 21, Township 54 South, Range 41 East for 235.78 feet to the POINT OF BEGINNING, lying and being in Miami -Dade County, Florida. PARCEL III The East 140 feet of the North 117 feet and the East 52.5 feet of Block 29, LESS the North 117 feet of FROW HOMESTEAD according to the Plat thereof recorded in Plat Book B at Page 106 of the Public Records of Miami -Dade County, Florida. Also Described As: The North 117 feet of the East 140 feet AND the East 52.5 feet, LESS the North 117 feet thereof, of those certain un-numbered Lots in Block 29 as the same is shown on the Amended Plat of Frow Homestead according to the Plat thereof recorded in Plat Book B at Page 106 of the Public Records of Miami -Dade County, Florida. PARCEL IV That part of Lots 75, 76 and 77 DeHedouville's Subdivision according to the Plat thereof recorded in Plat Book B at Page 150 of the Public Records of Miami -Dade County, Florida; described as follows: Beginning at the most Southerly corner of the aforesaid Lot 75; thence run Northeasterly along the Southeasterly boundary line of said Lot 75, 43.36 feet; thence run Northeasterly parallel to the Southwesterly boundary lines of the aforesaid Lots 75, 76 and 77 to a point in the Northwesterly boundary line of said Lot 77; thence Southwesterly to the Southwest corner of said Lot 77; thence along Southwesterly line of said Lot 77, 76 and 75, to the Point of Beginning. Less a portion of said Lot 75, released for Public Highway purposes AND all that part of the alley adjacent to Lots 75, 76 and 77 as shown on Plat of DeHedouville's Subdivision, as recorded in Plat Book B at Page 150 of the Public Records of Miami -Dade County, Florida. A/K/A Tract B of ENGLE SUBDIVISION according to the Plat thereof recorded in Plat Book 64 at Page 43 of the Public Records of Miami -Dade County, Florida. Being the same land as conveyed by Official Record Book 9843, Page 896, and Deed Book 1566, Page 190, and in Official Records Book 10909, at Page 2755, as recorded in the Public Records of Miami -Dade County, Florida. Containing 104,257.5 Square feet or 2.39 Acres, more or less, by calculation. REVISED COCONUT GROVE PLAYHOUSE MIAMI, FLORIDA 33133 PLANNING, ZONING AND APPEALS BOARD SUBMITTAL INDEX DF DRAWINGS (PZAB SUBMITTAL) 1 L0-000.1 LANDSCAPE INDEX 2 LO-000.2 LANDSCAPE INDEX PREVIOUS 3 LO-001.1 LANDSCAPE NOTES 4 L0-001.2 LANDSCAPE NOTES PREVIOUS 5 LO-002.1 PLANT IMAGES 6 LO-002.2 PLANT IMAGES PREVIOUS 7 L0-003.1 LANDSCAPE LEGEND 8 L0-003.2 LANDSCAPE LEGEND PREVIOUS 9 L1-100.1 RENDERED PLAN 10 L1-100.2 RENDERED PLAN PREVIOUS 11 L1-101.1 TREE DISPOSITION PLAN 12 L1-101.2 TREE DISPOSITION PLAN PREVIOUS 13 L1-102.1 TREE MITIGATION PLAN 14 L1-102.2 TREE MITIGATION PLAN PREVIOUS 15 L1-110.1 HARDSCAPE PLAN 16 L1-110.2 HARDSCAPE PLAN PREVIOUS 17 L1-120.1 TREE PLAN 18 L1-120.2 TREE PLAN PREVIOUS 19 L1-130.1 SHRUB/GCVR PLAN 20 L1-130.2 SHRUB/GCVR PLAN PREVIOUS 21 L5-110.1 HARDSCAPE DETAILS 22 L5-110.2 HARDSCAPE DETAILS PREVIOUS 23 L5-120.1 PLANTING DETAILS 24 L5-120.2 PLANTING DETAILS PREVIOUS ARQUITECTONICA GEO LANDSCAPE ARCHITECTS 2900 OAK AVENUE MIAMI, FLORIDA 33133 PHONE: 305.372.1812 FAX:305.372.1175 WEBSITE: www.arquitectonicageo.com OIL AOC lb. ARQUITECTONICA COPIESALL TIONAL CORP. NO DESIGNS TRANINDICATED SMISSIONS, REPRODUCTIONS OR ELECTRONIC ANIPULLATIONOF TOF ANY ONICA I PORTTIOAN OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF GEOAROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND APPROVAL OF ALL A E f l l l E E I I A E O A E A A f t APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED ©2025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 LANDSCAPE INDEX LO.000.1 PREVIOUS DESIGN PLANNING, ZONING AND APPEALS BOARD SUBMITTAL ARQUITECTONICA GEO LAN9$C•APR AACNRlCT$ 2900 OAK AYE PALMA FLORIDA 33133 PRooa 130513721812 Fox 130313721175 Wat.Ao www.tleoLiescIONDOCKso corn INDEX OF DRAWINGS DESCRIPTION (P2AB SUBMITTAL) t L0-000 LANDSCAPE INDEX 2 L0-001 LANDSCAPE NOTES 3 L0.002 PLANT IMAGES 4 LO-003 LANDSCAPE LEGEND WITH GARAGE BUILDING 5 L1.100 RENDERED PLAN WITH GARAGE BUILDING 6 LI-101 TREE DISPOSITION PLAN WITH GARAGE BUILDING 7 L1.102 TREE MITIGATION PLAN WITH GARAGE BUILDING e L1-110 HARDSCAPE PLAN WITH GARAGE BUILOrNG 9 L1-120 TREE PLAN WITH GARAGE BUILDING 10 L1-130 SHRUB1GCVR PLAN WITH GARAGE BUILDING 1 LO-003.A LANDSCAPE LEGEND WITH ONSITE PARKING 12 L1-100.A RENDERED PLAN WITH ONSITE PARKING 13 L1-101.A TREE DISPOSITION PLAN WITH ONSITE PARKING 14 L1-102.A TREE MITIGATION PLAN WITH ONSITE PARKING 15 L1-110.A HARDSCAPE PLAN WITH ONSITE PARKING 18 L1.120.A TREE PLAN WITH ONSITE PARKING 17 L1-130.A SHRUB/GCVR PLAN WITH ONSITE PARKING 18 LO-003.8 LANDSCAPE LEGEND WITHOUT ALTERNATIVES 19 L1-100.8 RENDERED PLAN WITHOUT ALTERNATIVES 20 Li-t01.8 TREE DISPOSITION PLAN WITHOUT ALTERNATIVES 21 L1-102.8 TREE MITIGATION PLAN WITHOUT ALTERNATIVES ?2 L1-110.8 HARDSCAPE PLAN WITHOUT ALTERNATIVES 23 L1-120.8 TREE PLAN WITHOUT ALTERNATIVES 24 L1-130.8 SHRUSIGCVR PLAN WITHOUT ALTERNATIVES 25 L.-110 HARDSCAPE DETAILS 26 L5.120 PLANTING DETAILS MY Or QANI HEAtooKi RAM WOW p eppWON 11610r11 r�"` • rt-.ar•.= LANDSCAPE INDEX LO-000 REVISED GENE14L NOTES 1. These plans reflect the scups o I the Landscape Archlroct external services. For Architectural, Civil, please refer to the appropriate consultant dewmams. 2. The locations of all site amenitbs am approximate and may be adlusbd In No fold want owner anNpr the,-rept-mamativos approval. Sec plans for locations of fixed amenitlos. 3. The locations of plants as shown In these plans. are approximate. The final locations may 3e adjusted to acoommodate unforeseen field cord tons to 10 ,1 ,v ih safety criteria, to avoid creating unsafe sight conditions, or as otherwise directed by or approved by the landscape archtec' or owners representative. 4. rnn.0nrtafnn shall eorghy wiui all11.1:raiding curies. 5. All dlmensl0ns shall be verified in the trek prlorto construction. Wnffen dimension shall take, pmcadence over scaled drawings. 0. If o discrepancy should Anse haw n layout penmetry and design in[;r[ design intent shall mko precedence. GEINE14L GRADING NOTES 1. All grading Information provided is Intnnd4n for aesihcOc purposes and to show relationships only. For detailed grading' intonation see civil Engineers drawings. 2 Rough grading and site cmparatfon shall be completed for review by Landscape Architect/ or owners represewrative prior to Mal grading. 3. Roadway grading and tansrlon areas to be reviewed and approved cy Civil/ Trsifie Englna^.r. 4. Grading and calculations for ryten0on areas, be arcvfdcd ay Civil Engineers. 5. Contractor shall notsubstonlally modify grading plan without:he approval of designer. All she acshc0a gmdmg is0ublecito review and approval of the landscape architect or owner's represenndve. 6. All graded areas shall be Wagged with a drag rnat or hand radeelto blend in smell Imperlee rolls and round off any sham Imes that may have been constructed by equlpmem. All areas re be planted shall have no v,ater holding pockets. GENEIOL SITE LIGHTING (NOTES 1. All electricwiring Intl circuiting by Elecinccl Engineerin future permit set. 2. Shop dmwrirms shall be required by 1.1111 hnrers andor contracture for all connechonefooters, electrical repro rements and color samples for rural, and approval by the landscape architect or owner's repre'solrahve. 3. Phefememcs to be atom reed by to Engineer and aooNmata whh Landscape Archfn1vm owner represena,e. 4. Transformers and oteredenor ballasts shall be hidden from general view whh landscaping and for appmpriat„nnollsur ThIs shouldb onrdnand wnth Landscape arcdte,. SCNCRAL IANDSCHEE NOTES 1. The Bonimcnr shall be responsiob 1 fy nq all underground utilhies priorto digging in am area. The contractor shall notify all necessary utility companies 48 hours minimum prior to dipping for vcnlcallon of all underground utildes, irrigation and all other obstructions and coordinatewth Owners Representative prior to Inlia0ng operations. Drew Inge am prepared according to he bsstlnformal°, available at thetlmn of preparing decumns. 2. The contractor is responsible.o ensure proper wa'edng and maintenance al new and relocated plant ins oriels during de one year warran.y period. 3. Coolraclarle n report airy d15crep0rnp1e5 bew/eelh die conscuaipn drax91115 and 1sld condc'ns he Owned Remasenlacve hnrnedio ey. 4. Landscape CorNanor shall cmordlnaa all work wrrh reined cuntracmrs and wnh :he general consTucion of the project In order not to impede:he progress of the work of others or -the contractor's own wLandscape oonmotDr shall provl0e schedule of Askher work two weeks In advance, beginning 110ovo weeks prior to commencing landscaperade construction. 5. The bcatfon of the landscape holding arca will be id:m1led by thy Owner or Owner's Rcprosentalive. The Contracor shall adhere :oils access routes to and from die Ilaldfllg area wknon dlampine or impeding access to the she by others. Contractor is responsible for:he mainenance of all plant mamdals, including temporary irrigation and ler]Ilealon if necessary during eonsructlpn. while being hdtl an landscape lambing areas. 6. The Conime.or shall bear all tests of testing of soils, amendments, etc. associated with :he work and included In the smccldca0ons. Priorto oommenccment et the landscape planting work the Conlraybr shall provide comale'e soil tests with recommendations foryvg0esmem In the construction area. /. Landscape Comacor shall Hold stakethe location of all Dian. matehal or field stake Ile plants prior-e fnalating installation fort. rovlow and apsrcval ci-fhc owner's myresentalvc and/or andsoapo Architect Not:: No gaming shall commence until there is a Emotional irrigation system in the area to be planted. No trees shall be planted on top of irrigation Ines. 8. Landscape Comae -or shall flood adjust beaten of plant material as necessarc m avoid damage to all exmtno underground util4es an 4 or exlsdng above ground elements. All c11:mges required shall he completed a-theComracah opens: and shall be coordinated with 0v.nels Representative and the Landscape AmhlfeCt 2. Any substlbtlrms In size and/or plant species must he aaarpven by the Landscape Archlsm or Owner's Represertative poor to modification of the contract, purchasing and delivery of plants. All plants will be subject to approval by Landscape ArMdect antl)or owner's Representative before planting can he.. All plan m tenals will nc. include any plans consibnmd lam .invasive by :he City of Illlamf. 10. Coniraemr shall refer to the landscape plantIng details, general notes and -the Klee .onual andor speelncalous for fur her and cunglete landscape planting Ins meth 'a s. II. Landscape Conmmor shall coordinate all lantng work YAM permanent or temporary TrIgaion work. Landscape Cor0ac.or shill to responsible for all hand watering as reg.. by Owner's aepreeentaTNe suppler en-. lrlgml0n watering and miniall. Landscaa=_ Con4actor shall 3, responsible for hand wateringlu all plat lag areas regardless oft e str s of ex s0hg or! m: a etl Irrigation. 12 Landscape Contactor shall dean the work areas aidhe end of each work111g nay.RuhnIsh and detrle mall be collected and deposited oil -sere orm an aopmyed disposal area nary. All materlala, products ant adornment shall ere strued In all mg: lived fadriull as directed by the Owner's Represelrztive. 13. Landscape Conmclor shall re -grade all areas disturbed by plant removalrdccaton and/sr installation work. _anndscape Cgrlhacter s11a1 replace (ay equal Glee and quaky) any and all etfshno or new plan. materiel disturbed or damaged by plant removalrlocaten, and/or Installation work. 14. She defence cancers mustse mainmmed fur dear she vfslbfllry from tMot Nth inches, savanryavva 172) inches, tree trunks are excluded as speclllad In appropriate municipal cedes. GENERAL LANDSCAPE NOTES CGNI 15. Cyg'staking P d ill notperm, narls,screws cbpenetrate muter,.dace of uny lee or perm. Tree.: or palms retooled due to .',o practice shall err molarmdat hE Conte d yxpnno, 13. Burlapmata0almlre togas, pints straps, etc, must be cut and removed from rip nnAhird (1,2) of pro -ball. 17. Trees grown In grow caps or grow bagype maedal are not allowed. 18. All planting materials shall meet or.w.ceed local requirements as specified by Leal plant standards. 19. All landscape Installations shall meet or exceed the minimum requirements as mown In appropriate municipal codes. 20. The Con r shall be wspollslble for the eof all plant material for oerlob oftwelve (12) months from the date oguarantee project sue eompletfor. Project soh comdc0on cons:fi les :lac beginning of guaranoy period. 21. Plan -sae specificaionsmko pmcedancc over contaror sire. 22. Contractor,VON, guantHns and mood any disemoxmIns to owners rearesentaiye and/or Landscape Architect 23. All plant material shall be graded Honda #1 or healer. 24. All proposed plan lug bads v,,Ill be planted out correctly wlb proper spacing. 25. All tree work ...ire J.:mating by a roglsterad Mlara'Dade County Tree Imam°, 26. Burlapwlm cages,etc., be removed half way down root balls. 27. Alter anychangesN planhn[ orm odIion poohieserr layout which are reyored n atlaatm held 0,, 01 tins or underground oboes Iapproved oy 4E. the change nhus. he noted oil asbmE drawings set of drawings rlalmtalred by the cm10aaior, 28. Fo11uv/hsd ire award cl the landscape ecnstmohnn contra,. Ar0GE0 v.111 assist :he owner and the plant procurement process to ensure the avallablllw and Trallry of the sg=clfied manrlel. It Is an4ofpaatl thathis process uvlll include ono 01 mere visit to select and tag material and will eke oboe Immediany -following :he design development phase. cast et abdtlanalvlsfts is 5450.00 Su1L PRET0.RATIDN AND SOIL NW 1. All plants noted for removal shall be relocated as shown on plans D1 , i,1 00ri antl papery disposed al ensile at contractors expense unless oJmem.fse noted. Z Before finishing rep sell grading. scanty A rake subsoil char of stones (1' diameter and trgor) dntds romfilsh and rim In rig mots -from rem vod plant motnnal tr. dofrh olfi". S. Plant bobs should to tlu5 and the sltics and Dotbm of the hole should be steely, rag ardless of depth. soli scallncatfcn Is necessary If soles of the hole am compacted. 4. Contractor-u apply approved pre-ernnengent herbicide in accordance with manufacturer's rate and specfficadons. Con4actors to provi tle manufaevrer's specifications for apsroval. 5. Planting soil mix for planterstens, shrugsand ground cover & gmssps shall hn determined by sail anaysfs pdm to planting landscape. Tho planting sell mu should tea what comps out of the hole s0 the plant adapts to lac plamtndn3mising soil and grows into t This Is why the sides and the bosom of the nting hole should raver be compacted with the digging implements. Never fehllbe rawly planted plants and Imes. Please notee:hat rat moss will eventually decompose and clog soil pores ihwoby Inhibiting the plants water and oxygen cgnsumpion. 5. Tossoll shall be natural fertile, agricultural soli capable of sustaining vigorous clan. growth. It shall sect uniform composnlon throughout we a0m0Wre of subsoil, it shall he, tree of scones. lumps, Ilve ylants and their roots, Jcks, and other evtraneoue material. Tah soil brought In should match as well as aassfble me ousting still Iewre and Ph. Plan.ed material should never he "mounded- or raised: Ile soil will eventually wash away exposinc fire roots and iLwll lee dfbcult to esmtmh ire plant mas1al due to drought and excssswe sofltmnsplmtion. All planOtree material should De installed ,vM the root collar expos. (aopmxlmateiy 1/2" to1"). Landscape contractor should find the uppermost latyrd root and plant that just achy the soil smdace. ].Smooth topsoil without compaction 10 two Inches (2") helm Ilrlsh grade In areas, be sodded without cempacion. A. Finish grade all topsoil areas t asmooth non -compacted, even surface assuring positive drainage away from the structures and ehminate any low areas except m rater hor areas whore water may called. 9. Contractor to remove dyads and mass material Immcdatdy from job site Made keyoing hmind that heavy equipment will compact scflto the tlmlrren' cf water drainage and the ealth of the newt' fnsalen clans. All planting areas with compacted sou will have surfaces scarified v a min. of 0. in depth. PLANTING SPECIFICATIONS 1The con -tractor is respible for maiotainino,full, all pl [g areas Id'na watering, spraying, mulch p mowrq,fer lung, m.) Untl1:he lob is accepd, In lull, by the owner, hs representaive and Landscape ArchTect 2, All plant malarial shall be pro acted during uanspert and delivery to final location wig shade cloth In oimr aecesmble means of wlndhum areventinn. EiEEOtee material shall condemn to Honda# 1 as dnsanbed ingouda godas & r.andards, the lastest Issue. 3. All trees must be guyed arstak.d as shown In details. 4. When plan: material is delivered onslte, It shall not be laid down for mom than iwc hours. Plan: maChalw[ an stored onshc shall be placed and maintained In good condition in avortical pesf0an. All plants hold onslm shall by knot wabryd regularly In sufficient amounts to permit corn hoc,. and vigorous growth. 5. InstallMon sl all plain material shall bo installed in a sound v/o4manllke manner and Decoding b accep-ed good c4mfne and tree lsloc Non 0 1 thee wltln tl a goalie of a.1 ma -coals as hereinafter described. All elements of landscape be Installed su as to meet all apalcabls,Nlnances and code requirements. C. There shall oe Iho thorns cr cables used dhectlY ,,, tines or palms, handle wen 2 minimum wt. nylon Ones or equal. 1, Conyracyorshall assure drainage and percolation of all planting pits. Prior, Installation of plant material. csnmotor shall fill all tree pis with water before plant no to assure thn proper dmirage and peroolaion Is available. Car.: if required to assure percotuon.Cenh'aclorla responsible for replacement al all plants lost due to Inadequate drainage eurditans. Plan/tree material that has bark scraped off tlue, shfpcing, handing, and installation Issues may be rejected upon Inspection by the LA. d.Oonoacml to request inspection of arcject fen vnitlrrg. ll all work sahsfactory and complete in accordance with condtons of cnrtract dncunner as, tl err the LIMO, its representaivs, and landscape architect shall declare the project substa Jelly complete. g. Substamlal completion constitutes the beginning of guarantee parlor!. 10. Contrac,rto replace rolocled plant within W,.o (2) wydks of 11. Crown prulbmg of am rocs or palms is generally not approved by the naband arborlst assocfahor standards. When l Is applmved, It must be dome 1,1 uvrftlmg. 12. Merisaaaing princlplss as Hulked in the S11u1lI Florida Water Management Disbc[henscaye Plant Guitle 2 shall be aophetl throuchou.lardseape installatlnn and maintenance. DRAWING ORGANIZATION L1-10 - amp .anti oliPIIIMGMIIIBEREXAMPLEs NOTICE PZ-25-20237 127/2026 ARQUI TECTONICA ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF AROUITECTONICP, INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND APPROVAL OF ALL I E I I L I E 03 I L I E I I I A P E IGEO APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED (g 2025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 LANDSCAPE NOTES LO.001.1 OE61E3oL NOTES Tian pro e64631666 6646610144. 64.I11 6.Meal ...1411.0414 fw 01t.1 2444 C8I. Ll 0.Q Yd n.9..16 b 41.231e 44446.11u. de.rltl. 2 1N bole.. el r 1w array A MpNMdU 411d ^W w 9.4111d *PO Mr .M O.wM afaa Pak npwmM15 9991041t. 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Ind.w.evro. r CM OP NOM WARM 110111118 ALA.* MEM ..w 6667. sr •t a.1r 77R<C2 .111_10;ii.w. 11; MIND LANDSCAPE NOTES LO-001 REVISED TREES BOURRERIP OVPTP BAHAMA STRONGBARK MYRCIANThESFRAGRANS SIMPSONS STOPPER SHRUBS BURSER4 SIMARJBA GUMBO LIMBO P,MENTA RACE,iOSA BAYRUTA ARLYS,P ESCALLONICIDES BYRSt OMA LJCIDA MAALBEARY LOCUSTBERRY GROUNDCOVERS40W GAMING PLANTS ER4GROSTISELLIOTTII ELLIOTS LOVEGRASS PASSROR4 SUBEROSP CALYPTRANTHES PALLEA'S SPICLWOOD CAN ANGA ODCRATA YLANG•YLANG POLYALThIA LCNGIFOLIA PEA'DULP QUERCUS VIRGINIANA INDIAN MAST TREE SOUTHERN LIE OAK COCCOTHRNAXARGENTATA SILVER PALM • PEPEROMIA OBT'JSI OLIO CORKYSTEIA PASSION FLOWER BABY RUBBER PLANT CROTON LINEAR/3 PINELAND CROTON !FLVPTERISKUNTHII SOUTHERN SHIELD FERN CARAPA GUIPr'ENSIS CRABWOOD TABEBUIP BAkAMEAMIS BAHAIAA TABEBUM HAIAELIP PATENS FIAEBUSH TRIPSACM DAA.CTYLDIDES FAKAHATCHEE GRASS EUGENIA FOETID SPANISH STOPPER PALMS CARVOTA MIDS CLUMPING FISHTAL PALM PSYChOTRIA LIGJSTRIFOLIA BAHAMA COFFEE TRIPSA CUf'4 FLORIDANP GAMA GRASS FCUSAUREA STRANGLER FIG VEALPAWETTO CABBAGE PALM PSVChOTRIA LJER'VOSA WILD COFFEE LIANA PUM/LA CODNTE KRUGIODEdDRON FERREUM BLACK IRONWOOD THRNPXRADIP TA FLORIDA THATCH PALM RPNLYP ACULEATA WHITE NBIGO BERRY MIMOSA STRIGLLO A POVIDERPUFF IAIADSA dV LYSILOMA L^➢SIL,OUA WIG TAMARIND SERESOA REPENS CINERP SILVER SAW PALMETTO VINES STEA'OTAPHRUMSECUNDATU' TRPCHELOSPERAUN AS/MODES FICUSP000L4 FLORATPAI' CONFEDERATE JASMINE CREEPING FIG ST.AUGUSTNEGRASS ARQUI TECTONICA OEAI LIEB E LIIOA CAAEEGEO ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF AROUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF AROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW ANDAPPROVAL OF ALL APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 PLANT IMAGES LO.002.1 SAMLEill FCCUMOCC Ateti 13C1146111 1,011001111401 :CGkTaB WIAOCGNh.ISkAt 4F001% V1175 6l1/Of mauca aupritatolow MiMOFI 11.0E10S1 R7ECCYU OI' IXk 40303TOIALSOlf ROWER OISTFAXF�Yrxr MAW VIESNOLI O n&IMOeHu PI3E01 Rai WOO 1/R700,1110CC FiFSIONOICOIODES TFIFOONACIOON -10FTE41 MOWN t7ONOOQOYA1 C11uANIS 11.6.1FTF S !Uri SWUM STOFKA NU MU Amen PREVIOUS DESIGN a71#01101 PWOO SOOMFICH 14.41iLW BXGOO Hk1?3.LIC sirttiulIuhliCA COY OF YMIII RMIO IIH •M.1L'i uw..r •r ci. /r PLANT IItAAGES LO-002 REVISED FIRST LAYER TOTALS I I Tl AL AREA 32L1 aqt PAVED AREA II\PERVIOUS) 085.3 sq.ff. 126.290 PLANTING AREA 223',sq: L (Rh) O TREES 'E LANDSCAP[ LEGEND rranseotZone: OPEN SPACE CID) I Lot Area: 2.32 Acres U114/10s.f. nI If CS or CI use nearest adjacent district A, Square feet of required Open Space, as indicated on site plan: Lot Area 101,403 s.f.x 50 %= 50,702 s.f. REQUIRED/ PROVIDED ALLOWED B. Square feet of parking lot open space required by Article 9, as indicated on site plan: Number of parking spaces I x 10 s.f. per parking space= C. Total square feet of open space required: A+3= D. Total square feet of landscaped open space required: 101,403 s.f. lot area x 30 %open space required to be landscaped LAWN AREA CALCULATION A. Square feet of landscaped open space required by Miami21: B. Maximum lawn area (sod) permitted Pi 20 % x 15,361 s.f. TREES 50,702 1 *MI Mt, ITO.NANER 50,702 39,191 30,421 1 13.I941NCD.I.0AIVER 30,421 r .=1AL1 3,072 1 MI A. Number of trees required per net lot acre, less existing number of trees meeting minimum requirements= 1T4)28 treesx 232 net lot acres— ©existing= 65 1 WI F-7(should be blank) 0 0 B. Palms allowed: Number of trees provided 30%= 38 I //I C.%Natives required: Number of trees provided x 3096= 37 I b D. %Drought tolerant and low maintenance: Number of trees provided x 50%= 61 1 lay E. Street Trees (maximum average spacing of 30' o.c.): Il linear feet along street/ 30 = 17 1 PI %Palms permitted to count towards street trees on 1:l basis x30%: 6 I Si E. Street trees located directly beneath power lines: )maximum average spacing of25' o.r.): I WA linear feet along street/ 25 4 1 01 SHRUBS A. Number of shrubs required: Number of trees required x 10= B. %Native shrubs required: Number of shrubs provided x 50%= C. %Drought tolerant and low maintenance required: Number of shrubs provided x 50%= 670 I RI 335 I m1 168 I N,1 Note: Current permit submitted to building deportment is a phasing permit only, final construction set will provide updated legend which meets all Mlaml2l Landscape Zoning Regolrements LL GNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA. TIONAL CORP. NO ARQU'TECTONIVA COPIES(TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF"NYIPORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF GEOAROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND .APPROVAL OF ALL J f f I l I f I I LINISSASISAPPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED 02025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 LANDSCAPE LEGEND LO.003.1 PREVIOUS DESIGN Neill ▪ ......«K...aa. .rrr.rr 4Y_I.. A" . . � '. IiJI)aJ ....• r.w.i•.r..r..sr rer • w.•.. w.• .- . ..rwr..•... t .a..+ ........na. .. q.. Ya•1..A..••••..A+r.k .r.....r..i.•.a..w_ia • AM.... _y . M..r.....W.Ml.wl•YYIY..••.r1M � w ��.. lw..iw• ....P -I..M•.rr.l• O14•1•010co NflV.F....rYY! .w.r..pYi•• .• •.r.wr.n.rw.w r.rw.. ur. r . f..w...+.u+r+Yb.i..w.ur..4.�...ww. w • trr . wrw..w..+r.rw.w..•... w• • swww.wwaw.wrwr...+... p. .•..rw.i..w..w. _--_It —R w r _g a orrwrr.rwrAIRIMIOIM.ur..er.ewa.MMEw.iar CM OP PIPAis NWIMO WADI ^ANS WOW 001 H .-r��wiYr•.+. IPA! InJett wa Ini•01 LANDSCAPE LEGEND WITH GARAGE BUILDING LO-003 _ I • ° NOTICE 436 PZ-25-20237 Ay ' '�IIr1EW REVISED G°#mac • VO• \ a � ¢a ! 0 • • —�- -_._ __ •-1. Oq _ • / • 3• 'G!i ./ • ,. . _.._ — • r 4 4 - ARQUITECTONICA ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS COCONUT GROVE PLAYHOUSE IN THE WHOLE ORw PART ARE TO BE MADE WITHOUT EXPRESS OF WRITTEN AUTHORIZATION 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 RENDERED PLAN L1.100.1 AROURECTONICA INTERNATIONAL CORP. DESIGN INTENTNT SHOWN IS SUBJECT TO REVIEW ANDAPPRUROVAL OF ALL 7 E f I l I E t I IIIOICAPISAPPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED ©D025. t � ' L-4 row. C9 RENDERED PLAN e • *TV CIFIMMI IMAM!) 11,1A11011 MAIM NrillIW 4. T. 1iu Vrliii v�r1tiN moth a.r®Ra RENDERED PLAN 1MTN GARAGE BU9LDING L1-100 TREE DISPOSITION SCHEDULE v9 hs1 ` 9 ° NOTICE ° J^ PZ-IMO.37 ,,,v `Af VI EW GCIV*O OL 'CODE ��or.Nl N ne R,IcOxlvlou uWE IoeH 'HEIGHT Icnuow �c'CONDITIONiPZ REVISED '� uq ufi .a a�a / / / / / ////\ / / �.n�arn„rr ee.., ..,n e x ni_aev..e au�m a 310o0 rE rsen0,E _� — — — „�. � / �rsP , J.„ � / �I�IIIII.\�\ \\\ �74,• \ ��II�� \ \ • ., aalin ,a t oars_ ^ w,.a., 13 003.0a13, , rso.o, e . �,vw., rmri n „ : sirs ,.rE .1,,E sr zv ,nv..e,r u.r — \ \\ `\\ —�= II '�\ Q \ \‘13IIII II / / IPEEO,RGBFRRI e ,nv Snt 5 .,IIIdII n ' FR ��o o, a rs. ors=I,E ' � ,S ®o� �HIII• or . tt ® ,• ` „ .I K n warn rr oor _ ` =?Y :I■ •. IIx.. j ,�q 9 ,4t , cy . , 310,3 , F �,Lti� r u� r p.. , „._ .,.... � as \ . . >p�p'�3 , �t ;. ' o_ • � •• f fit. s term af.a aara ,c r«J mma s u is xoaIv N o no e:re _ en -iv 1,01E RUE ] ER RGHINCA.'N HES FROG NE HAORIN6 TREE9 TPEE D E G H',• _ ^I • •• � •,1 i A } - AIMGIEEPIOBE GSHALLE BL SST JBAGEFIOF BAKONAi. SELEC¶JE PRJNN.,SHnLL AELESS1Hnie5I. aFG1,0PY. '^' '� Y�Ai�Y' / _ _� , , AAGC I:EI FA �� TREE FROIRITION AREA, L ] WEEPRJTEC110NFENGE — RENIGI�EG J 3 ,I 2 ■ /'a�� ..,.e� w Ewa w a , r. w, , e.O,E ..sue s .i w as yr \ i k z' — `1 ,� o a S x a u — S � ne�oa„m NF wnwm, z c 3 3.01 wns vE ARQUITECTONICA ALL DES GNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF GEOAROUITECTONICP, INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND �RPPRO\!",L OF ALL t E f l 1 l E t I I A E t 7 7 A A f 7 APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. COCONUT GROVE PLAYHOUSE 3500MAIN HIGHWAY COCONUT GROVE MIAMI,FL33133 TREE DISPOSITION PLAN L1.101.1 1 • (31 DISPOSMON PLAN •••:," RAJ PREVIOUS DESIGN 1••••• IlmOWIWA• 1••••••• Van. _ 31 .4 mus roAttocoe rams 0T7 tr. Ica- e* C4 11W21190.10WR 0 3 0 0 •• I 1...10.111.141. • •••••••al•• Ig•••••••,....• ••••••• aw. • g-p.- II • ••••••••••• LO.P11 ••••••• •-• • 4.:•C OIY.44901.1.1L•11, ',We. VW AN ta,•••••••,.• WI 1 a.m. •••••• Craw 11 01111•3. 0 1 ••••••••••• •••••••• W '• wet. ••••••••••••• ow.. 41, •47.) " .4101"..1, • MVO. ••••• MY" -.. . .--............. ........11 1. a, 1 1 1 1•••••••••• AM. ...1.0310. VW. • --/...• tel. ••••••••••••• •J• ...O. /.....••• Mir 1 . ft... WW. ......matii -4..,.. 7 ' V., ra ' .1....•101. ..7.......1 OW, — •• .• " r• *Pm •••••• K, •••• 91.• ••••••••••••••••• aro OW MIMI WARM* BOARDS ANIS REVIEW VIntit • ' VRIKOO1 Ve......•••• • •••0100.1•11 E.....:••••••••••=r."..." ....1•••••••••• ••••••• ••=. ••• TREE DISPOSITION PLAN WITH GARAGE BUILDING Inr-1 L1-101 REVISED ARQUI TECTONICA ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF AROUIEECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW ANDAPPROVAL OF ALL A E A I I I E E T I A/ 0 7 L A P E 7 APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. i.iALo=HTEE Ryoreu. L-Rf,a6S,E0 6La, E5' i SV� L a 5J, RGE x pi L00 TSTILRR-_.UPH.111ILN.1,05i S 910E Y:;IFflLor-)LIC,Pfr54 J TZT1L R=3P011rIGATI JPHwls us�Pl misosu C£Q Fu'ior YBBi RECUP21111.1 15EE5.FnLLl_I' M- 526ViL u:I.AiGEcr1.44[e' i_inLFF.P0.iFL. 121-REEF •i1U'CBH VA, THE 1' NH�.ESY.'2F IHERET-EE J'LEHrLEr'6'i 'IHESHTC'1..OFFe.UTF..LBEB, OH. PHiIIC PnLN4nT6,H.E"DPH�PONE -.EAT I. p 2' �-.SAR': FnL143' 4 0H. TREE SCHEDULE SYMBo_ 'CODE IO Y IBOT/. HI0FL NAME 'COMMON MLAMIE (HEIGHT 'SPREAD IDES, (CLEAR TRUNK WHINE IDRODGHT TOLERANT Ea CP vaC ) PP l �J TB 3^ sir PALMS 0 0 TRO Wilda Thatch Parr COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 TREE MITIGATION PLAN NOTICE PZ-25-20237 127/2626 L1.102.1 f l Y> guy O MITIGATION iscrys PREVIOUS DESIGN vur urar TREE LCULATHONS wI 1trw. vY4 TREE SCHEDULE Ildrem 0 0 0.14.1110 .m • Crrsw••w•• Vv r 4 ++ 1 n••.10 mow Po _Ir 'r- ••••orr.: + CHAPTER, IT62.1 TREE SPECIES DIVERSITY emu- [9-a•••• ,a 3M1%t gOU}'W.. Uu+.•+ yr yr elf •- r C/1v1•0114 1••••-rw• MOM.F. •..+w..__ •ew.re...e ,. •.�. .r-• ,—. a Ware OIE e k-+M..• • •n • a• Y•v. 1. 1••..P v•. M.- �f 1. TOTM. SUM OF MITIGATION TREE DBH REOUREO: 80' DBH 2 TM/MCC MI1GATIOH TREE DBH PROVIDE 29!! DBH 3 MITIGATION REOU T: NET 14* TOM CITY OF WAIN M&Nr OIPO*1IOHY PLANS WNW •• _ . �,JILA • YM,Y•YM+•x. -- TREE MITIGATION PLAN WITH GARAGE BUILDING 1gr•r.0 L1-102 REVISED ARQUI TECTONICA 1RENCHCPAN, REFER-OCNILPLANS ALL DES GNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF AROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND ,APPROVAL OF ALL A E A I L I E E T I A E N A E A P E EGEO APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. HARDSCAPE SCHEDULE SYMBOL (CODE (DESCRIPTION IOTY 04 MASONRY I Lrvt.Odte Bbdrs with wooden lop Ben. APPLLATLN: sldevniks and Pndet Park S2 EXTERIOR IMPROVEMENTS 32-1,13 32,243 3,1040 32-9,13 COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 APPAsphalt Paving LICATION, Parking Lot ear, Alsks ITEM'. Her l Pave, Porous Fulda Pevll/y APPLICATION R a Iv . a ra d Char.. Are Ranters PRODUCT COLON DI. APPLICATION,ITEM, Genera: Paving lks FINISH• Brush-baroomed COLOR: Grey/Light .6re, ITEM .APPLMnipN,Path ck Unit ng FRBelden Brisk Company PRODUCT Pavers COLOR g Tntnll ull ADDITIONALSTANDARD e R ,harrlered -No L .s INSTALLSand Set ITEM. Alan Pave, vLlCl.I ION-Smavrdks On Natn nlgnwoy nna GnaMs /we MANUFACTURER: Belden Br. PRODUCT ADA Chamfered Trunuaded Dome Pavers COLOR• But SIZE, 8,4" z va DETAIL 10/1_,10.1 ITEM' Bnck Unit Paving MANUFACTURER: n Belden Bn_k Company PRODUCT altyl COLOR, Rc3lmcen CI., ADDITIONAL. CParrtered -No Loa INS I<.u-Band Bel ITEM. verlwhr BhcN unit Paving PPLIG.IbN: Garage Driveway tniryttxlt Belden Brisk Company Rine COLOR: Regimental Full DDITIONAL,Chamfered , INSTA.LL: Muds.et on concrete tM. Shelktane Peters MANUFACTURER :TBD FINISH: Sawcut. Filed INSTALLATION: sand Set ITEM . Nothing APPLH ATIONlanlers Pine Straw FINIS ITEM Nodding r PPLICATION.she HARDSCAPE PLAN r4.71t sl 33.0 sf NOTICE PZ-25-20237 127/2026 L1.110.1 PREVIOUS DESIGN Ile :E'94tt 371.1rw =ElIIt1^� O HARDSCAPE PLAN .,1.11 mom ram MOLICAIN. bra. ORM IsNat wax be _I._ .W14t161 .(•OY Firm Imm Mom. i..w.Y. nMY r�rw�nfio • CM. rok 1N.KYVYR iI�rG��. MI CoMmo amp PICpS' CVw IMIKIc Moo.. Caw. 1 . . CMS 0. p1l.pM•NMOry AtteC c Owr • e „4 MM.. Wm.-r.w mnureat P.M 1�4 610.1,00 Ct.—ws w ® P YRfifiO.t M. OOtl 11..E MCC CITY OF WAIF 1101/003 ROAMS MRS MU 01.111. 1... ..... U: 11Lii rS:^.SiiM�M4 HARDSCAP'E PLAN WITH GARAGE BUILDING L1-110 ARQUITECTONICA ALL DES GNS INDICATED IN THESE DRAWINGS ARE PROPERTY OE ARQUITECTONICA INTERNATIONAL CORP. NO COPIES TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF IESIllEIT APPLICABLE LOCAL AND GOVERNMENTAL AUTHORFIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED ID 2025. AROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND APPROVAL OF ALL TREE SCHEDULE SYMBOL 'CODE IOTYIBornNILMEICOMMONHAVE 'HEIGHT ISPREFIS DBH CLEAR MUNN 'NATE E ISROLIGHT TOLERANT TREES C.) tEmbe Limbe C22 Yes C.) Yle,FY1522 CG <02 15' EF2 0 FF UBt'e't," DonsUon Pest EaBEEter Yes Yes Yes 1,4,2,1,455,5 UF Yee • -1,±) ( • 1 EL,E RV T02 ,m. nun Yes TB 5 ME Gump, FERRI Pah Cr) r• 0 SE, 7E2 BR! 24 1B z„. Yee Yes COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 TREE PLAN L1•120.1 i TREE SCI 0 0 0 0 0 0 k00 V 0 , Te ,.`.N..•r•e LSq'CF sN.r•fa..lt Cdr. n•r. ..r..... m 4,4444'M441.....1 PREVIOUS DESIGN Q 0•00•.0000.10.. ..,.... CIS : as..... .e.... r. Y . ,.wr.w..n nw.r W . 0..1.0--09. n_s.,rq•y cc P. .n.M.G. .W.. Y • .NM. .. 14Z /110 UwwY.WWI 4414.1.1R+o o.. - u.1.,.4{ Mrc.{ PWI,L..•G.R.M » 1,9+V99a vrm CIITV M MINA HEAIWKI 134LRp$ MAW REVILW •r•r.nr••C., N 00404.4.019... 1090100.01.1.. TREE PLAN WITH GARAGE BUILDING 0.0 L1-120 9.4.0111111.00.9 NATIVE SHRUBS (231' 62 NESH A.(3,238. (5711 NATIVEGROUNDB61 ERB(5a0 p rae) 0TW) 0l13h1 a NATIVE GROUNBCOV 005, RS0103 a �rrIVE 0HHU41 1 927 I! IMIMrlf I n�YJi��4aA#�`yQ. i AniE SHRUBS (1360 0 (ram NATIVE SHRUBS (96290 r3o) NAME SHRUBS sae o 0) E SHRUB- 0494 a 5 SHRUBS crz3 0 j32 0 NATIVE GROUNOCOVERS (127 sl RB GROUND.% ERG I) (5B) UNUC0,11 (55 THE^HRUB-,o 1) TIVE fl N m�E 2HRUB3 i097s nrs) PANE SHRUBS(161 U auo ARB HEI a.sAnurooEB nu 151 PO, I ES RIVE GROUNDCOVERS (296s0 (2 oco3E RS 6152 J EICUSUomu UNTRE hoc. fie) IVE GROUNOcop 0ERB rn1s APA\ 4 ARQUITECTONICA COPIESALL DES GNS INDICATED IN THESE DRAWINGS ARE PROPERTY TIONAL CORP. NO TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC ANIPULLATIONOF TOF ANY ONICA I PORTTIOAN OF THESE DRAWINGS IN THE WHOLE OR IN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF GEOAROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW AND APPROVAL OF ALL t E f l 1 l E t I I A E t 7 7 A 7 f 7 APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 SHRUB & GROUNDCOVER SCHEDULE '=-NATIVE SHRUBS '3,162 sf NATIVE GRouNOCOVERs 4,164 sf - L4LV1. 849 sf SHRUB&GCVR PLAN L1.130.1 PREVIOUS DESIGN N 1 SHRUB AND GROUNDCOVER PLAN I- N CRY OR WM MANS RENEW oil. M _t • SHRIJBJGCVR PLAN WITH GARAGE SUN-DINO -ow- i 11.4 L1-130 SATE VD-KOLAR TATED PAVERS IN PUBLICaf1m. SONS RD:TN ASPER sr FEGLIREVEvis 4'/14/ IA GPEI'CIP S]NCIETE'LAP J6= 4ROCMHN151 FNNHEG4TEB�sE PREPARED SUBGIAD a+ ~s� 4 O - Q NOTICE - _ _ - ,. _ PZ-25-20237 A.,...HCUIf2 ,, 127/2026 VV /N(YIEW GOffQSEE REVISED N'TE. REFER IU CM MOS Fa ADDMOSk NOSM�n a ' MINP.E, GED CONSENL01NP 2"MTHICI GR'CIF SPIN ONMeFr�re SET BU1112 2 4/4/1CUL-re1A E0 6"IICN CON.HEESLIB RATEDSUBBASEREINFRHNWHE REFER if CILI FOR R STREET FSFHAIT'AVEMENi, FEAR 4 CRALCRFl71NGs lY' ED CW6, CIVLROPW4Y DI.6S COAC1ETE LNHi ,GGR=I;ATE&45E E sue, B1:GMHNSH PFHED SJPGFPE V DETECTABLE NA'VG PAVERS — ARK, SIFEETGUTIE -R:MEAN BRICK PAVER: ONMUFTFRSE O CONCRETE _ice- 11 t .:1� •.mot � 111 111 11 11 11_ SIDEWALK / /=1 • • • /:/ / / [ III I _�'_ 11= 111 I //. ' rj /• /• /• /I. /. .TMWWergrei '� ••�1•� ,. �, © III I�IIIIIIIIi111M III=1�1-1 _ 1 I_I=1 - —f—f_f—j11_f_f— Q TYPE D CURB �—=— Ill11 1=1 1�11�—II�III—III—'� 1D DETECTABLE L =1 I 111=1 I WARNING �I��+.1—A0l—II F I I 1=1-111=11 111=1 I I I I —III— PAVERS Og VEHICULAR III=III , 111111111111-1111I GEa EAnE L P4EfARED SUBBASE BRICK PAVER SCALE:11/2. =1'-0' SCALE:11/2• =1'-0" SCALE:11/2• =1'-0" SCALE:11/2. =1'-0" A� r.� _ 3 ra- AFT>, A.,-� l __ � '-" `��1.� 1 � -, � ,�i \ R-,,, r r �-T i - REF ?MACH NiFRC50'PEO,4111N6.: 2 CONCRETEPAVER,S MTH AD SN'EPT.OINT6 R EFER TO CML MS FOR FD1IIICW. INFAINIICFL CGLR CURB 2C N PET_ A Rs'NIIH NC -' MEP- pIMB 1 _FVD SEA, 6 P FEO LFA ERE TREE FS HILT PA�!EMEM, PEFE NGB ILDR�rlwrs Ruses BANO:ETIING BED 4AGGRELYTEEASE. COMPM.T_C LAVERS 6 SFNDSNEfT,IGiNTS SEE CMLIFO DMNY D'.,G5 FCR CWBT2 PE B.CNP ERS J OP M11 DES GETfiLE %/%I////I//_ AN R[>Hum[o O PLAZA III- PAVER I I I -III III -III - PREPARE SUER. GEDTEUE -III -III -I I I DPmsoudOlMr - //j/ / 1111 • � 9 11 / moBED ILL DRAINED SOC — — — — — // �I I 11 II 1111 II 111 II O I1=1I I—II1=1I III I� I1Ill III �l�ll �l�l �l�l �lml�l�l�l STREET CURB/GUTTER AT R.O.W. SIDEWALK ® _ 111 PLAZA —111-111-111-1 I —II I PAVER AT OOLITE CURB \� / P.M.. FLEIBLE PA, E"ENT DEEPROCPVVFTEI FN0 NR VENT SCALE:11I2" = 1,0' SCALE:11/2. -1 A0' IBE'N MBAs \` r / \ 1FR 5 / — PHE.MCLDE EM'OVBION JOINT AFERIAL 2114 BFICY ON SAND FETING SEO AGGIEGATEBASE ITH VDTE VEHICUUR RF EPAVERS INP BLIC H.O.R.T RUCTION ASPER Fri REQUIREEC TREEOPBJN REFER if HARD PE PUN IISPEVBEDP VEMBJ STEM •- �WE�LIN • �taL - AP I " ' 'e )II 'B1I IN 2114 PERMEABLE BRION X- EDGE PUNNIN, BOND PFTT 1V IIH.ND EEP B17 JNVTS �H i��V'O d`•'A.�•�ft' $s% / 4 V1�I�� I \ \ .�Ly ''�� V� �V^ , . - ,�e \• \• 114 VGCHLLD 2 FND,ETlNG BE 4 DE sEA36HEY1 EBFSE A/G EGATE6RBISE . CLNCRETE PAVERS SAND S'NEPTJOIMS IGNOREVGIN SANG SEW 0=0 9'D NSEFS3RESATEBPE BAGGREGATE SIIBBISE �I'��� j((/\h\ �:1 �}•� � C ��. /:/// % i SAND SEfINGPED B' AGGREGATE BASE BCMPAGTEDLASERSF2" ceorumE FREPFPEO SIIBGRPE MET/ LFr��ER EDGEREsmruur PUMNF INTERIPL REFER TO PLANING DRUM. 'E • • :-• E • • • • • • • • • • : • • • • • :-I • % % % / / / % D %� / % % % ? /'./ / / MirV v v v v/ UNDERDFFIN SYSTEM 'NHENREGLIREU DEEPROO IDG BFIER H6VIVG S'Il EEI9N ROM, I, NEVI 4' IAN.FGGPE.mTE SUB BASE. COMFFC ED TO FREVENTE EYEING COIhACTEDTJ.9.k,FOCTG4 GECGRIP NRPPED AROUFLI PERIMETE3O SSSTE14WfH t" -OE CIlNAPCF FUME, E'ONC ;'EIES OVER FOP CFDELNi rAVZA'gr AO • • n r '• 1• • • • ,• • • . • •, .•, .• A �,.•,:� A �, ,.,, A! • .1. ♦ • • 1 i. • • . i . It, �„ • • • '!;,-. ►,,11�0P11,S, O PLAZA • 1f, • �{ • -.� . 11' �It 11r11,-11 • • • 1 11=11" PAVER . • . . _. 1111111 AT SODDING %/�/ //> ///�\> '���\/��/� //�, ,,//>,_ J,J1= _ r1T11111i111111 Y-y ► YN�Y� �•'� Y- �/ �!r��f/-yyy��y1///I,�/%/j_J', ,L'.� . 1,CI_�/F.I-/ �'� "' - .+ 'ergemlogiro 11"43�. �. /.,etr. •-J�Y�,4.1• ��Y tie Zvi ��Y'i� .•((�/I� .` . >� , ,�yJus ,,t�.r,.i , •..�, .!',. > . C-.' itl �-^ v E OS TO FPD,11DESUB1n FAL O BRICK —_ PAVER — — Eill — GEOTEMLA L FREMED SI1B3FSE 11 SUSPENDED PAVEMENT SYSTEM - SILVA CELLS ® PERMEABLE BRICK PAVER SCALE: J/1"=PA. SCALE:11/2•=1,0. SCALE:1 /2.. VA' SCALF.11; 2"=1'.0" ARQUITECTONICA A E f l l l E (I L A E C A E A A f 21 ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION of THESE DRAWINGS AROUITECTONICA, INTERNATIONAL CORP. DESIGN INTENT SHOWN IS SUBJECT TO REVIEW MD APPROVAL OF ALL IN THE WHOLE ORw PART ARE TO BE MADE WITHOUT THE EXPRESS oFWRITTEN AUTHOR¢AnoN°FGEO APPLICABLE LOCAL AND GOVERNMENTALAUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 HARDSCAPE DETAILS L5.110.1 PREVIOUS DESIGN 1,111,0 WV SP 0,01111. 4,1101.01* *OLP 1,K 611,14111MKOE**1 0 STREET CURB/GUTTER AT FLOW. SIDEWALK (I) VEHICULAR CONCRETE CROSSWALK zerrnmr-- IOU •• 51.4‘1:11 ET11,71 57.1 10111*1-: 4E1,11C PLAZAPAVER •••••••••••••••••CorM.nda I - 1110.0.0.1•0110.11/41MCCOTIM .011111. ReLo: 0:6441.-CTOUS ie% P*0.....*&411 COWJIE, .41,R KM* 117. )1 L.; I I) kl 1111 ' • teng14**M100 veraAmokolc - 11'1•3000CRFIE 100 roi,41410 11-.11410“ i*CIAJOI =ON t WM WWII MON COM. 41/011.01(111 (0 DRIVEWAY PAVER EMI 11,1," I,* NO C4 WPM* evoillutiosopraliku mevielameetWir AMAMI% .-Mt **0101* WAX** n rite A* L.... 0 PLAZA PAVER AT PLANTING Rli**1.4*C*4•GI 01,04 WAP,114 • *211*110511. ro STREET CURB/GLITTER AT PLANTER no. 1100.P CP 1:00FIllAt 606140141* •11002114111 winSIC ROM . 1 - 0 CONCRETE SIDEWALK _ 114011.9.14...IC ••40,61.111MA ass- .4 Wit I •••••••••••••P. E1 • KARDSCAPE DETAILS L5-110 IL' tot. 'INTEitgoN"H" EZTECEPTEDEFER%%114 reFAEUji=ji=nigr (6) SMALL — PLAN . " F . . • °,•,.?D'EE'''' TREE PLANTING ,..,o.vTAHHE m-r4TAg, =';i= AlIk Tjriir"' tITEl'HA NY Ega T E. L ' ' , EETVENWPREHEEDPROPRREDD bat POD PEDESTAL li minkflr.— AgEtEIMFIDAD ....F. MatitriPsms scuo IGN,TIJIII3XVIAGFAIAT1 /3) TREE RELOCATION ,,i,,H;,*,-,I';"t',v'4'w0,7 AM, ,,,,,,,,470'‘, soc REDEDEAD 4,,,,i.H..0.-,...t,,,.-k tSWEATiTPERAETsOTREELtE7IMIN10AiTD,E:E,,iE,rEAoPIRE„POlCDAKEN TiSSITSVAOTHRIGWINAATLERCOHNODSIETON 41/33. ATAEHIIATE=SE4TEENDrElEgEP•OR OVAENTSVCHNNMEGEEE THEN THE I DPIPEE.HNDTtemohl n.....=r4 =ED .....606.....0 01# • NOTICE loli 45, PZ-25-20237 211. .77.2.6 15). 0. REVISED (4) 7 TREE VS LIGHT POLE //:.,-- L'KE','LlPIFOS7 .., N.DERI. RADIUS DAIMUM 15. CLEARANCE OF ALL LIGHI POLES FREW THE LOCAPONS. CLEARANCE TO FEL FROM ENE LICHT FIXRDRE OP LAMP NOT THE LIGHT NVIIVI C°# •.--,' SCALE: NTS `,..--, SCALE: NTS •.--s SCALE: NTS ( wie _L., IRM -D ,.. Pi .,,,,_ k.. .000 „--3- PLAN - D,._ 0 ) - ant'Igg Tr., Palm, Shrub and other 01 ant Transplanting/Relocating Detail - Recommended Notes, The American National S ton deed for Tree Ccre Operations - Tree, Sh cab, and Other Woody Plant Maintenance - Standard Practices I. 'Iron Dolan -Ling) ANSI A.300(Pant 6)-2005 most be adhered to in its entirety for cli relocctin geh ronspl an Ting of trees an d shrubs. ANSI A300 (Port 6)-2005 includes the following, 60- Tron spl antin a Stanoords 61 - Normative ne,ferences 52 - Definitions 63 - Transplanting Practices The transplanting objectives shall be established prior to beginning the operation These objectives may be presented In a report format for permitting purposes. feasibility ana suitability assessment shall be canducl ed prior to recommending trensplaniing. Specifications for transplanting slneuld be based on the assessment. See the Checklist in Annex A of ANSI A300 (Porta) -2005. This assessment may be presented in u report format for permitting purposes. (-4) TREE RELOCATION SPECIFICATION j31:03, At' 7 k__,,,, '''''' -'),.,',,s A\ OPGDALL MANSION TO / BE LOCA. W DRIED. Fear ' A D M NULPH AS SPECKS NIReggTa, -at SHRUB PLANTING 1f3i Itt4q 45h 0 D (3 Fe. Am. OF SOD mmganretzsz..-- -- 1,, ammo —.--, omomARED CRD—J .•4444.1.WD. -4- ,,,,,,,c,„ 0 MULTI -TRUNK TREE PLANTING 7/ r'::,°;.45:1i::,€:^,d''zt. ' , EHCZD soK S'E A get retteendeSatteragtartr -- -r 3'`rgiCrIiiiii'nTL" " er uwiwie \ _ _ 1 I MOTE BARRIER 10 FORM CONTINUO. FROM AROUND 1HE ..EE OR GROUP OF TREES SEE LANDSCAPE PLAN FOR LOCARON OF TREES 70 REMAIN CD TREE PROTECTION "•.---' SCALE: NTS SCALE: NTS ".---' SCALE: NTS SCALE: NTS SPACING BETWEEN REIVIS IC BE AT A DM NI. CS TIE 0.C. MST 0 C Dle roses -- R., 2 I DI ) C 1 ‘•,..__---""" I OD PLAN TrVendt.Zt&VATAst EL'HNTINP P033.1.(315TC30,1=1 (---) LARGE 1 rrn .Er L aksjaF!". LA ••'.. •H 'OEPPEEPD "/:.14‘•• \', SS' 3111. TREE PLANTING CD/PEED :z.-Arz zA 1 L'LE 7. - D. 's• 1111C111 \ VH:ErgorEZ 71Hor WI -AN *NAM' . , 1 cm 'tf" • , Eopt.rna...gm.. - - PEIDNTAL N.ETAHNIMIff-CETETW"'"' ARBOR!. HATILMELIVIV ARg an TO RELOCATION. WATERING MUST PROVIDE SUFFICIENT WATER TO MAINTAIN A MOIST PON.. IN -RE ROOTS AUTO.. IRRIGA71. DRIP IS TAKE EXTRA CARE NOT TO NON,M.11 4.41...er,,,,! DIPWEiM-ITIE -D.40M01(1#1 "WA DE. •.,401.1 "oft . AK ArtgITIss'" „..."...„./.-2112D,1 NHE TO BE MGR. FILLER WITH FIBROUS MAIERIAL SUCH AS LEAVES r MINIMUM MUM, SEE S'ECIFICATONS. -D. i'll'SEDIVI.:4-FACrET; \ 11:LUAU , ratvwzene., _- • # SBA. ORIILD ABOOI RONK / K-BLOTBALL SRA, BE PLANTED / / ZDH =KA= "Mr1OP jlEITPLTRA CA MEL. \ NETIFPNHNEIND41‘—.. \ , /8) PALM PLANTING '0. / ,-t.ZECRE,A=NTO; ,E=E:. / RAM MOM TREE TRAK. _ /-'44EAADO7r1LEMNSENET"'• WENCEEU gx.m .71,— 31-:,,,ZUFArL .72''' ki.„,, _ ED,,,,, ' ' HDND.,>- — ILEEEMENCittiffir \ \ FINISHED GRADE—, " i DAMAGE LAE TRU. ore BRANCHES (--) ROOT PRUNING w.-- 0 .A0 OR WOOD SHADINGS. 'RENON SHALL BE MADE USING SHARP INSTRUMENTS OR MACHINERY RIPPING OR TEARING OF THE ROOTS IS STRICTLY PROHIBITED -., _ a, TV,A7.°2=TALTZ17 ILW ZMAIrOnE'REDDIDIZIErr 7REE rajg_`-- kreif (ft GROUNDCOVER PLANTINu alFZEgi 3' UNZArAr MANETA- ,--.., SCALE: NIS `.---,' SCALE: NTS •.--,' SCALE: NTS ".---, SCALE: NTS ARQUITECTONICA IESIllEIT IIIOICAPftGEO , ALL DESIGNS INDICATED IN THESE DRAWINGS ARE PROPERTY OF ARQUITECTONICA INTERNATIONAL CORP. NO COPIES. TRANSMISSIONS, REPRODUCTIONS OR ELECTRONIC MANIPULATION OF ANY PORTION OF THESE DRAWINGS IN THE WHOLE ORIN PART ARE TO BE MADE WITHOUT THE EXPRESS OF WRITTEN AUTHORIZATION OF AROUITECTONICA INTERNATIONAL CORP. DESIGN INTENT SHOWN'S SUBJECT TO REVIEW AND APPROVAL °FALL APPLICABLE LOCAL AND GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. ALL COPYRIGHTS RESERVED © 2025. COCONUT GROVE PLAYHOUSE 3500 MAIN HIGHWAY COCONUT GROVE MIAMI, FL 33133 PLANTING DETAILS L5.120.1 -Erir.5i•431F,•r 14 SHRUB PLANTINGOS v rakr'i. 7..` 11 GROUNOCOVER PLANTING Nat /it I t. • CO MULTI -TRUNK TREE PLANTING ORM rages.. g PALM PLANTING ®TREEVS LIGHT POLE �anaa* ... 4.140.4 W,IfIaY.M 11 0.1.00At#(p 4A A.' •0,0 RELCCATCt PROCE AAL SFt FICAIO T•re, Palm. 31,011 cno Deer Rant Trrwrr Ed:pm,haMO wtu: • AmaKcol Nnt'wv S:7 do.c fa '.. C. Oaraione - Emn. eon Omer alaacy pion[ 11a1ntimence - Standee eraatnas (T--wfo-ti-9) A45t A3P30.a1 6)-2Cc5 most M worded to .,reify la a. '.aeat!a4/1rornerar fa of tree. 0,e ear as J ASCC (Pan 6)-2006 t.a od.e t•. teaming: 00- 70e+Rant+r9 Sloler 61 - Nol.wtlw Rafare.c.a 62 - Oprailnna 63 - T.artal.ntrp Peet! o s The trer paltiod ca)pct,, 'Isar be .atobilan4C pros to biatml-; toe operation, Rao. able:vwa may a. anointed 'n a re om feast fa- aef-nt:-p p✓ipa.t A lidibity tafa nottaerny afatlYnant anal r cznion.t40 affa. oe nom-•han inp h -l4 , ,g Sp.eilten'oos for Iren.a'ohtP4 .Fa. a be basal a In aaeeworeot Sep toe Coet*Iit a A*no. A 5f AAS. A3CC (Pwt6)-20CS T`e o.AaM,4at racy va welentea o neat Pp -eat fa• aM-ii;.-9 py-yf... PREVIOUS DESIGN l41 TREE RELOCATION SPECIFICATION 3OAF g LARGE TREE PLANTING e:AI s9 x.n... .fin sM SMALL TREE PLANTING bra. SA VAR law.Y w2 h.aaa 0 ROY ar.11•f4.0 00001 1.14.0 X Yii n .[wokY e en R,i. LW,. lr ..t T •1•M �' > gTrEAPROTECTION 11 r4i.s an Ytii •w .aw'i Snnon .Ca R....ra w+u• "ai`i7 mvro. w.w...• awrnsi tut %KIN O ROOT PRUNING me. ie um, rum len mew go-1.14 S.C. Amen ••• aM+f a fl.t'.. A a� GiM IY�sY NA,L S a[t SOUP WOW psuaravosenr 0 TREE RELOCATION IC -c 4IVP-1 powsvn camas so hem or, Wilt .tlie - u4 W N tY.iO IY rMIY lw V ii�wnr.e CRY OF WAW N11.0 PLANS REVIEWf ram_ Q7/g .ersork . roman/ yea. mideleona. s PLANTING DETAILS L5-120 $ ( 5 , $ / (3/$1 3= (;&(37,21 $"5(66 (6 - 0$,1 +:< )HHW )8785( /$1' 86( 0$3 (;,67, 1 * (3/$1 3= (;&(37,21 $"5(66 (6 "" 0$, 1 +: < —)/25; $ $ )HHW e- o1I TX P 5-1VWULFWI-. &IR PHUFLDI LF UH 3DUNV DV/LRQ IHGLXP 1HQVL�JV\ OXO S1iVLGH CO ti 64 :,// )5$1 / 5 V $9 /RIZ H 5'H V'W & PlbHIU *5$1' $9 e3 5 VWULFWHG '- t<I'PiHUFLDO s `Do oND, ND DMR ,QV )D 7U LW\ FWHG LDO 6LQJO 5H\%LG S14I,LDO 0 • WLF' 0, $ 0, $7/$6 (; , 67, 1 * (3/$1 3= (;&(37,21 $"5(66 (6 " 0$, 1 +: < 1 1 )HHW 1111 1-7 ill 25,1 $9 7+20$6 $ • 02 A?* / /#7 • op. City of Miami Planning Departmeri. ANALYSIS FOR EXCEPTIONS AND WAIVERS ePlan File ID PZ-25-20237 Location 3500 & 3498 Main Highway Folio(s) 01-412-1045-0140 01-412-1056-0030 Miami 21 Transect Civic Institutional Transect Zone ("CI") Overlay Local Historic Designation Neighborhood Conservation District 3 ("NCD-3") MCNP Major Institutional, Public Facilities, Transportation, and Utilities Commission District District 2 — Damien Pardo Commissioner District Office Coconut Grove Planner Efren Nunez, Senior Planning Project Manager Efrennunez@miamigov.com Property Owner TIITF of State of Florida Applicant Miami -Dade County, Department of Cultural Affairs Project Representative David Martinez -Delgado, AIA NCARB David.Martinez-Delgado@miamidade.gov A. REQUEST Miami -Dade County, Department of Cultural Affairs (the "Applicant"), is requesting multiple Exceptions pursuant to Article 5, Section 5.7.2.4 of the Miami 21 Code; and associated Waivers pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code to allow for the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse on a parcel zoned Civic Institutional Transect Zone ("CI") within the Neighborhood Conservation District 3 (NCD-3). Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 1 1. One (1) Exception pursuant to Article 5, Section 5.7.2.4 and Article 7, Section 7.1.2.6(b)(4) to allow for the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse within a parcel zoned as "Cl." 2. Four (4) Exceptions pursuant to Article 4, Table 3 and Article 7, Section 7.1.2.6(b)(4) allowing the following requested uses within a parcel zoned as "CI": a. Civic (Community Facility) b. Office c. Commercial (General Commercial and Food Service Establishment) d. Public Garage Waivers 3. Four (4) Waivers pursuant to Article 5, Section 5.7.2.4(d) and Article 7, Section 7.1.2.5(d) to allow for adjustments to the following applicable Transect regulations: Regulation Current Proposed Request a. Maximum lot coverage 50% 62.4% Increase b. Minimum green space 30% 14.9% Decrease c Maximum driveway width 10 feet 30 feet Increase d. Maximum impervious pavement within front setbacks (Main Highway and Charles Avenue) 30% 100% Increase B. RECOMMENDATION Pursuant to Miami 21 Code Article 5, Section 5.7.2.4 and Article 5, Section 5.7.2.4(d) of the Miami 21 Code, the Planning Department recommends Approval with Conditions of the Exceptions and Waivers as presented based on the facts and findings in this final decision. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 2 C. PROJECT DATA & NEIGHBORHOOD CHARACTERISTICS The Coconut Grove Playhouse is a nonconforming locally designated historic cultural facility located within the southern boundary of the Coconut Grove commercial district and the Coconut Grove Neighborhood Enhancement Team ("NET") area. The subject site (the "Site") is located at 3500 & 3498 Main Highway, approximately 2.39 acres and is generally bounded by Thomas Avenue Alley to the north, fronting Main Highway to the east, Charles Avenue to the south, and William Avenue and Via Abitare Way to the west. Surrounding Uses Miami 21 MCNP Existing Use Subject Site Cl Major Institutional, Public Facilities, Transportation, and Utilities Coconut Grove Playhouse North T3-R Single Family Residential (Maximum 1-9 D.U. per acre) Residential (De Hedouvilles Subdivision) T5-O* Restricted Commercial (Maximum 150 D.U. per acre or 7.0 F.A.R.) Commercial - Multiple (Commodore Plaza Subdivision) East T3-R Single Family Residential (Maximum 1-9 D.U. per acre) Residential (Biscayne Camp Subdivision) South T5-L Restricted Commercial (Maximum 150 D.U. per acre or 7.0 F.A.R.) Commercial - Bank (Capital Bank Subdivision) T4-L Low Density Restricted Commercial (36 D.U. per acre or 3.0 F.A.R.) Residential — E.W.F. Stirrup House (Frow Homestead Subdivision) West T4-L Low Density Restricted Commercial (36 D.U. per acre or 3.0 F.A.R.) Residential (Frow Homestead Subdivision) T3-R Single Family Residential (Maximum 1-9 D.U. per acre) Residential (De Hedouvilles Subdivision) " Portion of T5-O north of site is located within the Grant Avenue Vision Plan. D. BACKGROUND The subject site previously contained a 30,000+/- square feet legal non -conforming theater building and currently contains the remaining portion consisting of a three (3) story and approximately 12,000+/- square feet legal non -conforming locally historically designated structure originally constructed in 1926 known as the Coconut Grove Playhouse (the "Playhouse"). The Playhouse, formerly "Paramount Pictures", was originally a movie palace designed by the architectural firm Kiehnel and Elliott in the Spanish Rococo architectural style. In 1955, the theater was remodeled by Alfred Browning Parker to accommodate the Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 3 Playhouse. Subsequently, after multiple changes in ownership and financial disappointments, the Playhouse was ordered sold at auction on the steps of the County courthouse in the 1970's. In 1980, the State of Florida acquired the Playhouse by assuming its $1.5 million mortgage. The State contracted Coconut Grove Playhouse, Inc. to operate the theater. In 2004, pursuant to County Resolution R919-04, Miami -Dade County residents passed a bond measure to allocate funds for cultural facilities, allotting needed funding for the Playhouse. On October 5th, 2005, the Historic and Environmental Preservation Board ("HEPB") of the City of Miami pursuant to Resolution No. HEPB-2005-060 designated the Playhouse as a local historic site. In 2010, the City of Miami (the "City"), pursuant to Code Citation No. BB2010012604, rendered the Playhouse an unsafe structure, as it had been shuttered for several years and had fallen into a state of disrepair. Subsequently, County and City staff met on multiple occasions to discuss feasible alternatives to save the iconic historic structure. On October 8th, 2013, Miami -Dade County and Florida International University entered into Lease Agreement No. 4721 with the State of Florida to manage and operate the Site. The County held community meetings to discuss and gather input on the future programming and master plan of the Playhouse. On April 4th, 2017, the HEPB of the City, pursuant to Resolution No. HEPB-17-023, approved with conditions the Applicant's request for a Certificate of Appropriateness to conceptually allow for partial demolition and restoration, expansion, and master planning of the historically designated Playhouse. On April 19th, 2017, an appeal to the City Commission of the HEPB Resolution No. HEPB-17- 023 was filed by residents ("HEPB Appeal"). On December 14th, 2017, a public hearing on HEPB Resolution No. HEPB-17-023 appeal was held before the City Commission and resulted in Resolution No. R-17-0622, which quashed the HEPB Appeal and instead added conditions to the decision of the HEPB. On February 1st, 2018, the Applicant filed Appellate Case No. 2018-000032-AP-01 to the Eleventh Judicial Circuit Court of Florida (the "Circuit Court") to appeal City Commission Resolution No. R-17-0622 (the "First Circuit Court Appeal"). The Circuit Court in a Mandate dated May 16th, 2019, quashed the City Commission's resolution and mandated the reinstatement of HEPB Resolution No. HEPB-17-023. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 4 On February 21st, 2018, the Urban Development Review Board ("UDRB") of the City, recommended approval of the Applicant's plan for the restoration, expansion, and master planning of the historically designated Playhouse. On September 5th, 2018, the Planning, Zoning and Appeals Board (the "PZAB") moved to approve the Exception and associated Waivers that allowed for the restoration, expansion, and master planning of the historically designated Playhouse, by a vote of five (5) in favor and three (3) against. However, pursuant to Article 7, Section 7.1.1.4(d)(4), no action to approve an Exception shall be taken without the concurring votes of a supermajority of board members present. As such, the motion failed. On October 10th, 2018, the Site was designated and listed on the National Register of Historic Places by the National Park Service at the request of the State of Florida's Division of Historic Resources. On November 7th, 2018, a supermajority of the PZAB of the City, pursuant to PZAB Resolution No. PZAB-R-18-059, approved the Applicant's request to waive the time limits pursuant to Article 7, Section 7.1.3.8 (c) to eliminate the required 18 month period between hearings, and approve the Exception and associated Waivers for the restoration, expansion, and master planning of the historically designated Playhouse that was previously denied by the PZAB on September 5, 2018. This approval was valid for a period of two (2) years and thus expired in November 2020. On March 5th, 2019, the HEPB of the City, pursuant to HEPB Resolution No. HEPB-R-19-010, denied the Applicant's request for a final Certificate of Appropriateness to allow for partial demolition and restoration, expansion, and master planning of the historically designated Playhouse. On March 11th, 2019, an appeal to the City Commission of the HEPB Resolution No. HEPB- R-19-010 was filed (the "Second HEPB Appeal"). On May 8th, 2019, a public hearing on HEPB Resolution No. HEPB-R-19-010 appeal was held before the City Commission and resulted in Resolution No. R-19-0169, which quashed the HEPB denial and approved the Certificate of Appropriateness. On May 17th, 2019, the City Mayor, pursuant to Provision 4(g)(5) of the Charter of Miami, vetoed City Commission Resolution No. R-19-0169 and reinstated the HEPB denial. On May 23rd, 2019, the City Mayor's Veto was presented to the City Commission and was sustained. On June 17th, 2019, the Applicant filed Appellate Case No. 2019-000167-AP-01 with the Circuit Court to appeal to the Mayor's Veto of City Commission Resolution No. R-19-0169 (the Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 5 "Second Circuit Court Appeal"). The Circuit Court in a Mandate dated June 22nd, 2021 quashed the Mayor's Veto and reinstated City Commission Resolution No. R-19-0169 which approved the Certificate of Appropriateness. On May 14th, 2024, the Planning Director approved a timely filled tolling extension for HEPB Resolution No. HEPB-R-19-019, which extended the final Certificate of Appropriateness to January 14th, 2030. On April 15th, 2025, Demolition Building Permit No. BD2300058001 for partial demolition of the theater pursuant to HEPB Resolution No. HEPB-R-19-019 was approved. A Waiver to allow the demolition was approved on January 27th, 2023 under PZ File No. PZ-22-15336- WA. The permit indicated the retention of certain interior architectural items, such as pieces of the Proscenium Arch, wall fountains, portions of some of the Solomonic Columns, and concrete screens. On July 12th, 2022 and September 18th, 2025, the Applicant requested tolling of the PZAB Resolution No. PZAB-R-18-059 due to the Second Circuit Court Appeal of HEPB-R-10-019. City Staff advised the Applicant that the requested tolling would not be recognized as the PZAB Resolution was not under consideration by the Circuit Court in Appellate Case No. 2019-000167-AP-01 and there was no automatic nor affirmative tolling of the PZAB approval. On December 3rd, 2025, the Applicant submitted a Letter of Intent to request approval of five (5) Exceptions and associated four (4) Waivers needed to allow for the restoration, expansion, and master planning of the locally designated historic Playhouse. While similar in character to what was approved in PZAB Resolution No. PZAB-R-18-059, the Applicant has made minor modifications based on community input. E. PROJECT PROPOSAL The Applicant is proposing the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse. The following modifications to the existing structure and new construction are proposed: • Rehabilitate and restore the architecturally significant, historic front building Facades to their original 1927 design. The Facades will be incorporated into the "Playhouse Gateway" building which will house two -thousand six -hundred thirty-six square feet (2,636 sq ft) of retail space on the ground floor and six -thousand six -hundred twenty- six square feet (6,626 sq ft) offices on the upper level. • New three hundred ten (310) seat, twenty-eight thousand one -hundred seventy-two square feet (28,172 sq ft) theater where the previous stage building was located. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 6 • New two -hundred eighty-nine (289) space parking structure on the northern portion of the site replacing existing surface parking, with a three -thousand seven -hundred eighty square foot (3,780 sq ft) food and beverage space on the ground level, twenty- one thousand three -hundred ninety square feet (21,390 sq ft) of office on multiple levels facing Main Highway, and a two -thousand six -hundred twenty-two square feet (2,622 sq ft) of single -story office near the proposed pocket park. • New internal wide promenade between the parking structure, Playhouse Gateway building, and the theater building. • New pocket park at the corner of Thomas Avenue Alley and Via Abitare Way. [The remainder of this page has been purposely left blank.] Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 7 REVISED DESIGN Removal of upper -level office space, only one level Removal of fountain Removal of trees within pedestrian promenade • Removal of retail • Expansion of office • Addition of 2 parking spaces • Addition of pedestrian garage access point • Removal of office lobby • Reduction of food/beverage area Figure 1: Sheet A-1.2.1, Coconut Grove Playhouse Revised Ground Plan. RED = Modifications Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 8 Figure 2: Sheet A-1.2.2, Coconut Grove Playhouse Previous Ground Plan. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 9 REVISED DESIGN r 'MS _._ t: warwNpr psgad Kai woo Nw.• ♦ ▪ /WPM _ ♦—_ Change in stucco color and design Change in stucco color and design Roof access 1— Addition of wood composite rainscreen Removal of door Figure 2: Sheet A-2.1.1, Coconut Grove Playhouse Revised Elevations. New Keystone Veneer Material RED = Modifications Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 10 PREVIOUS DESIGN oemiromm .a. Vets. ,Se arm . - • < < T n :a. ' ... � -� 41439y omadm .r ' s a Figure 2: Sheet A-2.1.2, Coconut Grove Playhouse Revised Elevations. Previous Keystone Rock Veneer Material Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 11 • • , Ire iii.1.1,011wnr��n Change in stucco color and design REVISED DESIGN Change in garage perforated metal screen design Change in stucco color and design Figure 3: Sheet A-2.2.1, Coconut Grove Playhouse Revised Elevations. New Exterior Stucco Material RED = Modifications Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 12 Figure 3: Sheet A-2.2.4, Coconut Grove Playhouse Previous Elevation. Previous Exterior Stucco Material Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 13 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN The subject property is designated Major Public Facilities, this category allows facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Analysis: The subject site is home to the historic Coconut Grove Playhouse originally constructed in 1924. The site is located along a major north -south commercial corridor (Main Highway) and within the Coconut Grove Commercial District. The Applicant is seeking to restore the ornate south, southeast and eastern Facades of the historic building and incorporate it into an approximately twelve -thousand four -hundred thirty-two square feet (12,432 sq ft) building as outlined in the plans. The Applicant is also seeking to incorporate a new three -hundred ten (310) seat theater and additional ancillary uses such as a parking garage and retail for the cultural facility. Staff find the proposed plans and use to be consistent with the Comprehensive Plan. Findings: Consistent. Goal LU-2: 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, architectural and archaeological resources. Analysis: The Applicant seeks to rehabilitate and restore a portion of a locally designated historic structure in accordance with Chapter 23 of the City Code and the United States Secretary of the Interior's Standards for the Treatment of Historic Properties. Findings: Consistent. Policy LU-2.4.4: The City will continue to work with other local governments that have title to properties of major historic or architectural significance to ensure the conservation, preservation, and adaptive and sensitive reuse of such properties. Analysis: The City has been working with the County to ensure that the remaining portions of the structure that are salvageable are restored in accordance with Chapter 23 of the City Code and the United States Secretary of the Interior's Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 14 Standards for the Treatment of Historic Properties. The Applicant proposes to adaptively reuse a portion of the historic building and conserve the original historic use of the site for future Miamians by maintaining a playhouse in the Coconut Grove neighborhood. Findings: Consistent. G. MIAMI 21 ANALYSIS Exception Criteria Exception pursuant to Article 5, Section 5.7.2.4 to allow for the construction of a proposed theater development within a "CI" zoned parcel. Criteria 1: Analysis 1: Finding 1: Criteria 2: Analysis 2: Article 7, Section 7.1.2.6(b)(4): The application shall be reviewed for compliance with the regulations of this Code..." Pursuant to the requirements set forth in Article 5, Section 5.7.2 for "Cl" Transect zones, the proposed project has been determined to be consistent with all applicable regulations. The Applicant has requested four (4) Waivers which is allowed pursuant to Article 5, Section 5.7.2.4(d). Pursuant to Article 4, Table 3, Civic (Community Facility), Office, Commercial (General Commercial and Food Service Establishment), and Public Garage uses are allowed by process of Exception in a CI Transect Zone. Pursuant to Article 4, Table 4, the proposed uses would meet the minimum parking requirements. Furthermore, design review of submitted plans has been done to ensure compliance with all applicable Sections of the Code. Complies, so long as the Waivers requested by the Applicant are approved with the Exception. Article 7, Section 7.1.2.6(b)(4): "... and a traffic study shall be provided as required by the Planning Director." The Planning Director, after reviewing the facts of the application, has determined that a traffic study shall not be required upon this request. Finding 2: Complies. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 15 Criteria 3: Article 7, Section 7.1.2.6(b)(4): "The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses..." Analysis 3: After community outreach and building design, the Applicant has presented a project that re -adapts a much wanted and historically present use into an envelope that is harmonious with its surroundings. "Back -of -house" operations are now internalized and visually shielded from the residential neighborhood to the north, in contrast to the site's original layout which featured little visual buffer. The proposed project also intends to integrate itself with the neighborhood by supplying additional civic activation such as a pocket park, pedestrian promenade, and community spaces. Finding 3: Complies. Criteria 4: Article 7, Section 7.1.2.6(b)(4): "...shall apply Article 4, Table 12 Design Review Criteria, as applicable." Analysis 4: The project has the special nature of preserving a historically significant property with tremendous civic value to the neighborhood. Therefore, it strongly aligns with Article 4, Table 12 Design Review Criteria "Ensure development is contextually sensitive to historical and cultural assets that contribute to the Neighborhood character." Restoration and reactivation of the theater by the Applicant re-establishes a center of cultural pride and reinforces the cultural character of the Coconut Grove neighborhood. Finding 4: Complies. Criteria 5: Article 5, Section 5.7.2.4(a): "Any property located within a CI Zone may be developed according to the regulations of the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum." Analysis 5: The most restrictive abutting transect zone is determined to be Suburban Transect Zone "T3". However, pursuant to Article 3, Section 3.3.6 and Article 4, Diagram 10, the subject site falls within the Central Coconut Grove Established Setbacks Area as it pertains to the primary frontage. The established setback along Main Highway is zero feet (0'). The applicant is maintaining the historic building fronting Main Highway which has an existing zero (0') setback and is constructing a parking garage with a portion at a five foot (5') setback. Secondary frontages along Charles Avenue, Williams Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 16 Avenue, and Via Abitera Way will have a ten -foot (10') setbacks where ten feet (10') is required under the T3 setback regulations. The interior north side setback will have a five-foot (5') setback and an interior west side setback will be twenty-one foot six inch (21'-6") and twenty-seven foot (27') where five feet (5') is required under the T3 setback regulations. Refer to Plan Sheet A- 1.1.1 titled "Revised Site Plan" for more detail. Finding 5: Complies. Criteria 6: Article 5, Section 5.7.2.4(b): "Development in a CI Zone shall follow the regulations of the Abutting Transect Zone, except that Height restrictions shall be as follows:... 2. A CI Zone predominantly Abutting T3 or T4, shall be developed to no more than the maximum Height allowed by T5." Analysis 6: The maximum height permitted under T5 would be five (5) stories with a maximum height of eighty-one (81') feet. The maximum height proposed is sixty-three feet (63') for the auditorium stage roof. All structures proposed within the master plan are below the maximum allowable height and story count. Refer to Plan Sheets A2.1.1 & A2.2.1 titled "Elevations" for further details. Finding 6: Complies. Criteria 7: Article 5, Section 5.7.2.4(c): "A CI Zone may seek higher than Abutting successional Transect Zoning through the process of Special Area Plan." Analysis 7: The Applicant is not requesting, nor would qualify, for a Special Area Plan under this request. Finding 7: Not applicable. Criteria 7: Article 5, Section 5.7.2.4(d): "Adjustments to the applicable Transect regulations, other than Density, Intensity and Height limitations, shall be allowed by process of Waiver. Adjustments to Setbacks shall be pursuant to those adjustments permitted by the most restrictive Abutting Transect Zone." Analysis 7: The Applicant has requested four (4) Waivers that are further analyzed below and are not related to density, intensity, or height. The corresponding most - restrictive abutting Transect Zone that applies to this site is "T3." Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 17 Finding 7: Complies, so long as the Waivers requested by the Applicant are approved with the Exception. Waivers Criteria Waivers pursuant to Article 5, Section 5.7.2.4(d) to allow for adjustments to the following Transect regulations: a. Increase in maximum lot coverage from 50% (T3 Requirement) to 62.4% b. Decrease in minimum green space from 30% (NCD-3 Requirement) to 14.9% c. Increase of maximum driveway width from 10 feet (NCD-3 Requirement) to 30 feet d. Increase of maximum impervious pavement within front setbacks (Main Highway and Charles Avenue) from 30% (T3 Requirement) to 100% Criteria 1: Article 7, Section 7.1.2.6(b)(4): "The review by the Planning Director shall apply Article 4, Table 12 Design Review Criteria, as applicable" Analysis 1: Waivers (a) and (b) comply with Article 4, Table 12 Design Review Criteria "Provide usable and inviting Open Space that has visible and convenient pedestrian access from the public realm." The Applicant contributes to the public realm by providing an activated pedestrian promenade and passive pocket park that are open to the public. In fact, the promenade is designed to be an integral multi -function space which also serves as a pseudo -waiting hall before theater events. Waiver (c) complies with Article 4, Table 12 Design Review Criteria "Minimize the impact of Parking and Loading on the public realm and adjacent properties." By combining parking garage egress -ingress to one single access point on Main Highway, the project is minimizing possible traffic impacts on adjacent residential roads. Furthermore, the Applicant proposes to provide one middle ingress -egress lane with no designated direction which should better accommodate ingress -egress demand before/after events. Waiver (d) requested by the Applicant complies with Article 4, Table 12 Design Review Criteria "Locate Buildings to reinforce and enhance significant locations and conditions such as terminated vistas and view corridors that contribute to the neighborhood character." The Waiver to increase impervious pavement within front setbacks would allow the Applicant to maintain the location of the restored historic facades, which have been identified as a gateway feature into the Coconut Grove neighborhood. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 18 Therefore, the proposed design complies with this design criteria by reinforcing a view corridor feature historic to the neighborhood since the 1920s. Finding 1: Complies. Criteria 2: Analysis 2: Article 5, Section 5.7.2.4(d): "Adjustments to the applicable Transect regulations, other than Density, Intensity and Height limitations, shall be allowed by process of Waiver. Adjustments to Setbacks shall be pursuant to those adjustments permitted by the most restrictive Abutting Transect Zone." The four (4) Waivers requested by the Applicant do not pertain to density, intensity, or height. The Project complies with setback regulation set in the Central Coconut Grove Established Setbacks Area and T3 zone. Finding 2: Consistent. H. NEIGHBORHOOD SERVICES The Applicant's request has been reviewed by the following City disciplines for consistency with the Miami 21 Code, Code of Ordinances, and any previous approvals or restrictions: Service Determination Condition No. Art in Public Places No objection with conditions 6 Environmental Resources No objection - Fire No objection with conditions 9 Historic and Environmental Preservation No objection with conditions 3 Public Works No objection - Planning No objection with conditions 1, 2, 11, 4, 5, 12, 10, 13 Zoning No objection with conditions 7, 8 [The remainder of this page has been purposely left blank.] Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 19 I. CONCLUSION The Planning Department recommends approval with conditions of the Applicant's request for the five (5) Exceptions and four (4) associated Waivers. This determination is based on the following analysis: • Pursuant to Article 7, Section 7.1.2.5 and Article 7, Section 7.1.2.6, it is found that the Applicant has submitted the necessary information to the Planning Department which demonstrates compliance with the guidelines and criteria required for this type of permit, as specified in the Miami 21 Code, including Article 4, Table 12. • Planning comments were provided in ePlan pursuant to a comprehensive review of the application materials. All comments have been addressed through the ePlan review process. • Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the application has been referred to the following departments whose comments and recommendations have been considered and are reflected in this final decision: Art in Public Places, Environmental Resources, Fire, Historic and Environmental Preservation, Public Works, and Zoning. • Pursuant to Article 7, Section 7.1.2.5 and Article 7, Section 7.1.2.6 of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. The Exceptions and Waivers are, therefore, consistent with the goals of the Miami2l Code and the Miami Comprehensive Neighborhood Plan. The restoration, expansion, and master planning of the Coconut Grove Playhouse will reactivate a historic cultural facility, benefit the area by continuing to provide a service to the community, and is compatible with the surrounding neighborhood. J. CONDITIONS Pursuant to Article 5, Section 5.7.2.4; Article 7, Section 7.1.2.6(b)(4); Article 4, Table 3; Article 5, Section 5.7.2.4(d); and Article 7, Section 7.1.2.5(d) of the Miami 21 Code, as amended, the Planning Department recommends Approval with Conditions of an Exception to allow for the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse; four (4) exceptions to allow for a) Civic (Community Facility), b) Office, c) Commercial, and d) Public Garage uses; and four (4) associated Waivers to: increase the maximum lot coverage from 50% to 62.4%; decrease the Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 20 minimum green space from 30% to 14.9%; increase the maximum driveway width from 10 feet to 30 feet; and increase the maximum impervious pavement within front setbacks along Main Highway and Charles Avenue from 30% to 100%, as presented with the conditions stated below: 1. The Civic Institutional development shall be substantially in accordance with the plans as prepared entitled "Coconut Grove Playhouse PZAB Final Submittal 02/06/2026" prepared by Arquitectonica, and batched stamped PZ-25-20237-EX by the City of Miami. 2. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 3. Scope of work includes ground disturbance within an Archaeological Conservation Area; issuance of a Certificate to Dig (CTD) required. At the time of the building permit submittal, applicant to include an archaeological Letter of Agreement from an archaeologist agreeing to monitor any ground disturbing work. Further comments and conditions may be applied upon receipt of the Letter of Agreement. 4. Any tree -related activities, including removals, relocations, pruning of roots or canopy, and right-of-way activities shall require a tree permit. 5. The Applicant shall comply with all applicable requirements pursuant to Chapter 24 of the Miami -Dade County Code entitled "Environmental Protection". 6. The Development Project shall comply with Ordinance No. 13656 titled "Art in Public Places Program" specifically Article 3, Section 3.16 & Article 11 Section 11.7 of the Miami 21 Code titled "Art in Public Places" and/or Section 2-11.15 of the Miami -Dade County Code of Ordinances titled "Works of Art in Public Places." All Government Development Projects shall provide for the acquisition of Art equivalent in value to not less than one and one-half percent (1.5%) of the Project Cost of all Government Development Project(s). 7. Pursuant to Article 3, Section 3.8.4.1: a. At Thoroughfare intersections with Building Setbacks, Visibility Triangles shall be maintained to include an area bounded by the first twenty-five (25) feet along the intersecting edges of the right-of-way (or Base Building Line) projected where rounded, and a line running across the Lot and connecting the ends of such twenty- five -foot lines. See Article 4, Table 8 of the Miami21 Code. Addition of the required 25 thoroughfare intersection visibility triangles to the site plan and assurance that there are no visual obstructions between a height of 2 and 10 within the visibility triangle(s) is subject to Public Works review as part of the City of Miami building permit process. b. At intersections of driveways with Thoroughfares with Building Setbacks, Visibility Triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the Base Building Line and the driveway, projected Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 21 where rounded, and a line running across any intervening right-of-way and the Lot and connecting the ends of such ten -foot lines. See Article 4, Table 8. Addition of the required 10 driveway intersection visibility triangles to the site plan and assurance that there are no visual obstructions between a height of 2 and 10 within the visibility triangle(s), Refer to Article 4 table 8 illustrations g for location. Visibility triangles are located perpendicular to the intersection of the BBL and Driveway width. This is subject to Public Works review as part of the City of Miami building permit process. 8. At the time of building permit, revise Sheet A-1.1.1 to update the Zoning Data Table to reflect the required side setbacks for the T3 area in accordance with NCD overlay regulations, as the project is located within an overlay district. Refer to Appendix A, Section 3.6.h.1.a.(2). 9. The Applicant is required to comply with the 300' hydrant distancing and spacing requirement. The fire department connection(s) must be no more than 100' away from their associated fire hydrants. 10. Any non -substantial modification to the approved plans as a result or consequence of the Applicant's compliance with other departments and/or agencies and/or codes, shall require a new review for approval confirmation from the Planning Director in accordance with Article 7 of the Miami 21 Code. 11. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "an Exception shall be valid fora period of three (3) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director." 12. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code. 13. The City reserves the right to inspect the site to ensure compliance with conditions as listed. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 22 David Snow Planning Director Graham Jones Assistant Director Efren Nunez Senior Planning Project Manager NOTICE The Final Decision of the Planning Director, or his/her designee, may be appealed to the Planning, Zoning and Appeals Board by any aggrieved party within fifteen (15) days of the date of the posting of the decision on the City's website. The filing of an appeal, and payment of appropriate fee, may be submitted online at https://www. miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver. Final Decision (PZ-25-20237: 3500 & 3498 Main Highway) — Page 23 GEO February 6, 2026 COMMENT RESPONSES To : Sebastian Reina From: ArquitectonicaGeo 2900 Oak Ave, Miami, Florida, 33133 For: Coconut Grove Playhouse 3498-3500 Main Highway, Miami PZAB Landscape narrative 2,00 OAK at1'r'III: imam' I t $11)1 vsA I so$ 312 I Si, tC2soQ©2 iv 26. Comment No. 8: Please provide a brief narrative on the inclusion of new plants on the plant palette sheet. Likewise, please provide a brief narrative on the proposal to remove & replace trees along Main Highway and Charles Avenue which were previously proposed to be maintained (refer to Sheet L1-101.1 and Sheet L1-101.2). Response: SHEET LO-002.1 — PLANTING PALETTE The inclusion of new plant material responds to a meeting held with the City of Miami on October 10, 2025, during which additional screening of the garage was recommended. In response, taller plant material and vines have been introduced to enhance visual screening. Additionally, due to limited availability of certain species, some smaller trees were removed from the palette and replaced with more commonly available native species that meet the City's standards. SHEET L1-101.1 —TREE DISPOSITION In the previously approved set, one Banyan along Charles Avenue and three Mahogany trees along Main Highway were proposed for relocation. Following discussions held during the demolition phase with the City of Miami and the project arborist, Jeff Shimonski, it was determined that these trees are not suitable candidates for relocation. The Banyan was removed under the approved demolition permit. Page 1 of 2 4644 4,t t160t sLa4tL101ANIII G IMAN 0E56GIr *WW.L*QU1TtCT01IICAGCO.COY GEO 21100OAK at11lUt. %WWI 11. 331)3 b3A f 3O$ 3r2 1012 LC2A0002rs The Mahogany trees are now proposed for removal to support the original design intent of installing new street trees. The updated design reinforces this intent through the use of a suspended pavement system, which provides adequate soil volume, supports healthier root development, and promotes a more sustainable long-term street tree canopy. Sincerely, Daniela Romero Senior Associate dromero@arquitectonicageo.com P: 305.372.1812; ext. 1081 2900 Oak Avenue Miami Florida 33133, United States I LC26000278 Page 2 of 2 ll1#lDSCCJt A.06-0/1 (MIK v*$!tI KANIna1G um:R1*N GESrGM *WW.L*QU1TCC10111cJ:GIO.COY Coconut Grove Playhouse Project Index of Documents PZD-0 Document Index PZD-1 Letter of Intent with Exhibit A PZD-2 Landscape Narrative PH0-01 Site image PHO-02 Site image PAP-1 Exception Waiver Application Resolution R-19-0169 (Vetoed) Cultural 111 NW 1st Street • Sui Miami, FL 33128- T 305-375-4634 F 305-375-3068 miamidadearts.org miamidade.gov Danielle Levine Cava, Mayor February 17, 2026 RE: Revised Letter of Intent - PZAB Project name: Coconut Grove Playhouse David Snow, Planning Department Director City of Miami Planning Department Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mr. Snow: NOTICE The Miami -Dade County Department of Cultural Affairs (the "County"), in partnership with Florida International University, requests the approval of an Exception application and associated Waivers, as applicable, to permit the rehabilitation and redevelopment of properties located at 3500 Main Highway, Miami, FL 33133, bearing Folio Numbers 01-4121-045-0140 and 01-4121-056-0030 (collectively, the "Property"). The requested approvals include uses such as theater (Assembly), office, retail (including food and beverage), and public parking, all to further the continued operation of a historic civic and cultural facility. To the extent that additional requests are needed in conjunction with the Exception, the County seeks to include those requests in its application. PROPERTY The Property is located in a Civil Institutional (CI) Transect Zone and is within the Coconut Grove Neighborhood Conservation District (NCD-3) overlay. The site fronts Main Highway and is located east of Via Abitare Way (alley), south of Thomas Avenue (alley), and north of Charles Avenue. The abutting parcels surrounding the site are zoned T3, T4, and T5 (see Figure 1). Page 1 of 7 Figure 1: Existing Miami 21 Transect Zoning Map The Future Land Use Map (FLUM) designation for the Property is Major Institutional, Public Facilities, Transportation and Utilities (see Figure 2). The intent is to accommodate federal, state, and local governmental activities, as well as major public or private health, recreational, cultural, religious, educational, transportation, and utility facilities. As proposed, the project is consistent with the goals, objectives, and policies of the City of Miami Comprehensive Neighborhood Plan Policy LU-1.3.15, which "encourage[s] a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other." Figure 2: Future Land Use Map Page 2 of 7 PROJECT BACKGROUND The County seeks to rehabilitate and restore the Coconut Grove Playhouse (Playhouse), an iconic historic building to its 1927 glory, to return great theater to the historic home of theater in Coconut Grove in a new approximately 300-seat theater that honors the past, and to create a hub for the community with its pedestrian -friendly spaces. A parking garage that includes office space, lining the building's frontage to Main Highway, is proposed for the north side of the site where surface parking currently exists. The Playhouse Garage building will serve the needs of the theater as well as nearby merchants and the Grove community. The ground floor of the historic Playhouse Gateway building will return to its original use as small retail spaces. Offices will occupy the upper levels of both the Playhouse Gateway building and the Playhouse Garage building. The ground floor of the Playhouse Garage building will include a food and beverage space to serve the theater's catering needs and support public gatherings. The plan proposes a pocket park adjacent to the educational space at the Northwest corner of the Playhouse Garage. The education space will provide access to artistic classes and community activities that engage the residential neighborhood to the west. A wide promenade adjacent to the parking garage structure will help create a campus -style ambiance and provide community connectivity through the site. The project has been intentionally designed to reduce impacts on adjacent residential areas with the relocation of the stage tower, the tallest portion of the project, further into the site from its original location, so that it is not easily seen from the residential neighborhood. The previously proposed office uses on the upper levels of the Playhouse Garage Building fronting the residential neighborhood have been relocated to front Main Highway. Architectural treatments and screens will be used to shield the view of vehicles in the garage from the sides and back of the structure. An educational space on the ground level will front the pocket park and will be used to engage the community through classes and cultural enrichment activities. PREVIOUS APPROVALS On November 7, 2018, the project received approval from the Planning Zoning and Appeals Board (PZAB) pursuant to Resolution PZAB-R-18-059 (Exhibit A). Following PZAB approval, the County promptly applied for the Certificate of Appropriateness (CoA) from the Historic and Environmental Preservation Board (HEPB) for the full project. After a series of appeals, the County obtained the CoA approval via City Resolution No. R-19-0169 (Exhibit B). More recently, the CoA has been tolled and extended pursuant to section 252.363 of the Florida Statutes (Exhibit C). Litigation related to the CoA stalled the permitting process until the appeals concluded on June 6, 2022. Because the PZAB approval was contingent on meeting all other applicable requirements pursuant to Chapter 23 of the City Code and the project could not move forward with the permitting process until the CoA litigation was resolved, the 2018 PZAB approval could not be acted upon before the date of expiration. The County requested by letter dated July 2022 that the 2018 PZAB approval be deemed equitably tolled due to the County's inability to act on the approval during the pendency of the CoA appeals, however, the County has no record of a written response. More recently, the County renewed its request for equitable tolling by letter dated September 18, 2025 (Exhibit D). On October 23, 2025 and October 31, 2025, the City provided e-mail correspondence (which is included herein as part of the project's entitlement history) indicating that "the City Attorney's Office's position has not changed since several years ago when this issue was initially brought up regarding the equitable tolling," however to date the City has not issued a formal written decision rejecting the County's request for tolling.' 1 In submitting this Exception and Waivers application, the County does not waive or forfeit the right to challenge the City's decision with respect to tolling of the 2018 PZAB approval and preserves all rights and arguments related thereto. Page 3 of 7 REQUEST Significant deterioration of the ornate facade walls of the historic Playhouse Gateway building has been identified. The County's plan includes the commitment to rebuild walls from the interior to minimize damage to the architectural ornamentation and fully restore the historic front facade, while replacing and rebuilding certain side and back walls and installing a new roof on the historic building. This commitment is evident in the revisions to the existing permit for the Phase I scope of work under permit number BD23000058001. In addition to the above, the restoration of the building's original design will include: • Restoring the building to its original sienna color based on the restoration team's detailed paint sampling and testing; • Having small neighborhood shops once again engage the street, as they originally did (this will not be a mall, which was never contemplated); • Preserving, protecting, and restoring the facade architectural ornamentation that has served as the southern gateway entrance into Coconut Grove for almost 100 years. The plan maintains the original diagonal axis of the theater, along which a new 300-seat theater will be positioned. A crescent shaped outdoor space, reminiscent of the original theater lobby's footprint, will create the transition between old and new and will serve as a community gathering space open to the public. The new theater will include front -of -house and back -of -house spaces and amenities that contemporary users and audiences expect and demand, from patron comfort features and exceptional sightlines to catwalks and state-of-the-art theater and acoustical systems and equipment. The exterior of the new theater is intentionally designed to be physically and architecturally distinct from the historic Playhouse Gateway Building and its cladding is inspired by the coral rock walls prevalent throughout the area and the lush vegetation canopy that is such a distinctive feature of Coconut Grove. Inside, remaining elements from the 1927 Kiehnel and Elliott movie house such as the Solomonic columns, concrete grilles, fish fountains, cornice, and the proscenium arch will be displayed and/or integrated into the new theater. Interpretative electronic materials will be used throughout the project to celebrate the significant history of the site. Accordingly, based on close consultation with City staff, the previously requested and approved Exception and Waivers are hereby being re -submitted for approval. The requested Exceptions and Waivers are not sought for development convenience or increased intensity, but rather to allow the functional restoration of a civic cultural facility within the Civil Institutional (CI) Transect Zone, consistent with the intent of Miami 21, the Coconut Grove Neighborhood Conservation District (NCD-3), and the City of Miami Comprehensive Neighborhood Plan. EXCEPTIONS 1. Exception pursuant to Article 5, Section 5.7.2.4(a), and Article 7, Section 7.1.2.6 of the Miami 21 Code, to allow the restoration, and rehabilitation of a designated historic property located within a Civic Institution (CI) Transect zone. The requested exception enables restoration of a civic landmark in a manner that maintains architectural integrity and cultural legacy while supporting Miami 21's Intent set forth in Article 2.1.2. Approval allows the project to maintain the Playhouse's historic integrity and public function while delivering a context -sensitive restoration that minimizes neighborhood impacts. Strict application of CI zoning limitations without allowance for historic restoration would be inconsistent with the Code's stated intent to protect and enhance Miami's historic and cultural resources. 2. Exception pursuant to Article 4, Table 3 of the Miami 21 Code, to allow commercial uses accessory to and in support of a civic and cultural facility within the CI zoning district. Page 4 of 7 The requested exception advances the purpose and intent of Article 2.1 by supporting economically sustainable civic and cultural facilities and encouraging functional, active urban environments. The limited commercial components support operational sustainability and consistent day-to-day activation of the site in a manner aligned with Miami 21's development goals rather than creating a single -purpose facility disconnected from the surrounding urban context. 3. Exception pursuant to Article 4, Table 3 of the Miami 21 Code, to allow office uses, supporting the operation, administration, programming and financial viability of the theater, as well as other professional and administrative uses. The requested exception is consistent with the Community guiding principles set forth in Article 2.1.3.2, which promote development that supports civic, cultural, and economic activities without introducing adverse impacts on surrounding areas. Office uses reinforce the project's role as an active, programmatically diverse, and sustainable anchor within the community. 4. Exception pursuant to Article 4, Table 3 of the Miami 21 Code, to allow public parking as an accessory and incidental use in support of a historic civic and cultural facility. The requested exception is consistent with the Block and Building guiding principles set forth in Article 2.1.3.3, which emphasize coordinated use of land, efficient infrastructure, and functional development patterns. The proposed garage replaces existing surface parking with structured parking that is architecturally screened and designed to reduce visual and operational impacts, while its Main Highway frontage is lined with active uses and office space to maintain an urban streetscape and encourages principles of Crime Prevention Through Environmental Design (CPTED). The public parking is an accessory and incidental use that directly enables public access to a civic cultural destination, supports safe and efficient event operations, and advances efficient shared parking management in Coconut Grove. WAIVERS The following Waivers are pursuant to Article 5, Section 5.7.2.4(d) of Ordinance No. 13114. o To allow an increase in the maximum lot coverage from 50% to 64%; o To allow a reduction of the minimum green space from 30% to 14.8%; o To allow an increase in the maximum driveway width from ten (10) feet to thirty (30) feet; and o To allow an increase in the maximum impervious pavement within the front setbacks along Main Highway and Charles Avenue from 30% to 100%. Each Waiver is consistent with the intent of the Civil Institutional (CI) Transect Zone, the Coconut Grove Neighborhood Conservation District (NCD-3), and the guiding principles of the Miami 21 Code, and is necessitated by site -specific conditions, historic preservation requirements, and the operational needs of a major civic and cultural facility. The Waivers requested herein are the minimum relief necessary to allow the functional realization of the approved program while maintaining compatibility with surrounding neighborhoods and advancing Miami 21's objectives for context -sensitive urban development. Page 5 of 7 1. Waiver pursuant to Article 5, Section 5.7.2.4 (d) of Ordinance 13114, to allow an increase in the maximum lot coverage from 50% to 64%; The footprint of the historic Playhouse Gateway building is fixed and must be preserved, and the dimensional requirements of contemporary theater design cannot be meaningfully reduced without compromising functionality. Rather than increasing height or mass adjacent to residential neighborhoods, the proposed design strategically distributes building coverage across the site to reduce perceived bulk, relocate the tallest elements away from sensitive edges, and preserve key historic spatial relationships, including the original diagonal axis and crescent -shaped gathering space. The increased lot coverage therefore enables a lower -impact, context - responsive massing approach that is more consistent with the intent of Miami 21 and the NCD- 3 overlay than strict adherence to the base standard. 2. Waiver pursuant to Article 5, Section 5.7.2.4 (d) of Ordinance 13114, to allow a reduction of the minimum required green space from 30% to 14.8%; The existing site has historically been characterized by a theater structure surrounded by extensive surface parking, with minimal landscaping that primarily served as perimeter buffering rather than functional civic open space. The proposed project transforms this condition by replacing large impervious areas with consolidated, functional, and publicly accessible open spaces designed to support a civic and cultural environment. Key improvements include a pocket park adjacent to public parking, landscaped buffers along sensitive site edges, and a wide internal promenade that enhances pedestrian connectivity throughout the site. This approach aligns with the intent of Article 2.1 of Miami 21 by reinforcing terminated vistas and view corridors, while providing context -appropriate open and green spaces that uphold the Code's objectives and respond to the site's unique constraints and programmatic requirements. 3. Waiver pursuant to Article 5, Section 5.7.2.4 (d) of Ordinance 13114, to allow an increase in the maximum driveway width from ten (10) feet to thirty (30) feet; and The proposed driveway width is necessary to safely and efficiently accommodate the circulation demands of a major cultural facility that serves theater patrons during peak event conditions, office users, service and loading functions, and emergency access requirements. The site is constrained by multiple frontages and significant pedestrian activity, and a narrower driveway would result in operational conflicts, queuing issues, and potential safety concerns. 4. Waiver pursuant to Article 5, Section 5.7.2.4 (d) of Ordinance 13114, to allow an increase in the maximum impervious pavement within the front setbacks along Main Highway and Charles Avenue from 30% to 100%. The frontages along Main Highway and Charles Avenue function as active, pedestrian -oriented urban corridors serving a high -activity civic and cultural destination. The proposed impervious areas are designed as widened sidewalks, pedestrian gathering areas, and accessible circulation spaces that support theater operations, public events, and daily community use. In this context, impervious frontage enhances pedestrian safety, accessibility, and functionality and is consistent with the urban character of the surrounding streets. Landscape treatment is provided through street trees, shaded pedestrian zones, and adjacent landscaped areas, ensuring that the waiver does not diminish the streetscape or neighborhood character. The requested relief therefore Page 6of7 advances Miami 21's goals for vibrant, walkable public spaces while accommodating the operational realities of a major cultural institution. The requested Exceptions and Waivers represent the minimum relief necessary to allow the functional restoration and operation of a designated historic civic and cultural facility, are consistent with the intent of the Miami 21 Code, and will not be injurious to surrounding properties or the public realm. We appreciate the time and input you and your staff have given us in preparing this application, and we believe the project, as designed, addresses the comments City staff have expressed in our discussions. We respectfully request that the enclosed application be scheduled for any necessary hearings before the appropriate City agencies and boards, such as the PZAB, so that we may be able to continue to move through the approval process. We look forward to continuing to work with you and your staff to make this long-awaited project a reality. Sincerely, 10L44t6) Ashlee K. Thomas, Interim Director Miami -Dade County Department of Cultural Affairs ENCLOSURES cc: Kenneth Jesse!! Ph. D, Florida International University Brian Schriner, Florida International University Jimmy Morales, Chief Operating Officer Eddie Kirtley, County Attorney's Office Monica Rizo, County Attorney's Office Luis Reyes, County Attorney's Office Bernardo Fort -Brescia, Arquitectonica Carey Press, Arquitectonica Jorge L. Hernandez, JLH Architect Page 7of7 City of Miami Legislation Resolution: R-19-0169 City Hall 3500 Pan American Dri Miami, FL 33133 www.miamigov.com File Number: 5653 Final Action Date: 5/8/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL FILED BY MICHAEL SPRING, SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY ("APPELLANT") AND REVERSING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SEC. 23-6.2(b)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (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 KNOWN AS COCONUT GROVE PLAYHOUSE WITH THE FOLIO NUMBER 0141210450140. WHEREAS, on March 5, 2019, the Historic and Environmental Preservation Board ("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.1, pursuant to Section 23-6.2(b)(4) of the Code of the City of Miami, Florida ("City Code"), an application for a Special Certificate of Appropriateness for the restoration of an existing structure and new construction of a three hundred (300) seat theater, a parking structure, and exterior spaces with landscaping ("Project") to a property located at approximately 3500 Main Highway, Miami, Florida, 33133, a locally designated historic site and known as Coconut Grove Playhouse with the folio number 0141210450140 ("Playhouse"), and adopted Resolution No. HEPB-R-19-010 by a vote of six to four (6-4) denying the same; and WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City Code, applications for Special Certificates of Appropriateness are processed in accordance with the procedures set forth for Special Certificates of Appropriateness; and WHEREAS, on March 11, 2019, Michael Spring, Senior Advisor, Office of the Mayor, Director, Department of Cultural Affairs, Miami -Dade County (Appellant"), filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the City Code setting forth the HEPB decision being appealed and the reasons or grounds for the appeal; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to reverse the decision of the HEPB denying the application for a Special Certificate of Appropriateness for the Project at approximately the Property, pursuant to Section 23-6.2(b)(4) of the City Code; and WHEREAS, for the reasons stated on the record, inclusive of the testimony and arguments, and in consideration of the evidence in the record and arguments made at the public NOTICE City of Mai* Page 1 of 2 File ID: 5653 Revision: A) Printed On: 5/17/2019 File ID: 5653 Enactment Number: R-19-0169 hearing on May 8 , 2019 the City Commission grants the appeal and reverses the adoption of Resolution No. HEPB-R-19-010 as it pertains to the denial of this Special Certificate of Appropriateness which resulted in the appeal of this decision regarding the application for a Special Certificate of Appropriateness for the restoration of an existing structure and new construction of a three hundred (300) seat theater, a parking structure, and exterior spaces with landscaping ("Project") to a property located at approximately 3500 Main Highway, Miami, Florida, 33133, a locally designated historic site known as Coconut Grove Playhouse with the folio number 0141210450140 ("Playhouse"); and WHEREAS, the Analysis for a Special Certificate of Appropriateness dated January 22, 2019 prepared by Historic Preservation Officer Warren Adams for this Project identified in the Report as Project PZ-18-419, is deemed as being expressly incorporated by reference herein and made a part hereof, inclusive of the conditions attached hereto as Exhibit "A," which the Appellant has agreed to comply with; and WHEREAS, the City accepted volunteered commitments made by the Honorable Carlos A. Gimenez, Mayor of Miami -Dade County ("County") that the County would not seek or request any City funding for the construction, maintenance or operation of the Coconut Grove Playhouse, excluding only the City of Miami Department of Off -Street Parking, referred to as the Miami Parking Authority, who will be engaged in the development and operation of the municipal parking structure, and that the County would co-operate with Bahamian public agencies and cultural organizations to recognize historic Bahamian contributions to the construction and history of the Playhouse; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission grants the appeal and reverses the decision of the HEPB as set forth in Resolution No. HEPB-R-19-010 and grants the application for a Special Certificate of Appropriateness, inclusive of the conditions attached hereto as Exhibit "A," for the Project at the Playhouse. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 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 Mai* Page 2 of 2 File ID: 5653 Revision: A) Printed on: 5/17/2019 CURRENT 4o 49 41 46 47 0.150) 46 WILLIAM AVENUE ION OE oRLELEALL 22 PORTION CR ISNLALEERRE PARCEL 140' III —H )i PARCEL II 253 PG zs 525. ,I CHARLES AVENUE 23 24 25 16 106) 26 LRgEL A00 Ar _ CHARLES LOT' FVE. 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Y 0.0160 yylr• 14a1p 49e.w44 C-. Fry., r OF.. 417.021 f4r.a /M.Iw [e•eM4. 41 w e4Y447 ✓ Iw• eV 064 4 41n71. l4 wlwmw e•lnera n✓444«Y .1 .. !FM. we •.carte 1.4..Ir aN .440*41M er IMF. 4.60. 4 44 ✓rslr 44 M 4a-44 a .Pert rb4w11. R .11 .es4.M M.w•11 1 asy1 4 4r1.1 rv4 i Men i 4paeh0a•y Ire. tale GAFF.. • 4.«r4ar Ir,,.ar.440• R9. r•alp4 repel•. PeWrs finis a111.R�p✓! 1wn 0wr10•.. .04t rr 4.4 a++4'..I 4. 414t.. w .ry.a 44a•4 w ✓ • 4p4. 44NNr Ser1e4 41b Yq r. 4049*94 e. w.144 4 L.4• Pop a7 .Pea ray 04 eq., ply se ,4.44I •4..t. I4 relr a•r.er4 ✓ else prw4 10r1. V-01.2 CURRENT LEGEND UNDARY SURVEY EDE DOLEOLLES• LOT LOT 4T iFB. 7 o 0J LOT 46 ol=9,16%10" 1.07 —Wal!finn.111 E7v0E—; 7 - 4 — c-e / / `..• z a..4410 • \ '' ''' z \ - .‘„••/ z • • x ' < / / \‘'.. '''',. / // ....., z / / ''0 / / '' ''''. • .21/4'i." / \\.• '',V,:' // / 0 / , \\ / // / V'':, // // / / CHARLES AVENUE z z z z \ • / z P // GRAPHIC SCALE SCALE :1,20 , \\ ' , •• 4, • ,v< r i‘. Lsele: „S :HEE, CF 1 NOTICE PZ-25-20237 V-02.1 PREVIOUS TREE LEGEND • APSPEMIa,TIONS G- - 1.1.400 • a. RAE.Hlt_5EALE tTt riew BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADS COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS r -- WflJ AS-nvEf5JE r ; ,11 =rML:1,:i i re rA n.x' ...,r till 7 CuSLF$ Ai/SNUB MATCH LINE - \- 7 � • SEE SHEET 3 OF 3) / / j' PTV OF WAY MIMING / PILAW 71 M / gra__ . Dm- /IP 4 / V-02.2 PREVIOUS GRAPHIC SCALE I FIVM) 11. ▪ VON noir no. ilOdno sap raw M• raw ONO :. • • tea... ✓ .....a. a. *f, s r� • -- • a 1 • two e..- * — it AIIHBEii•R S • ▪ rdia Or. rroom 60i / BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS / / I\ �' // / I p�,-4* `\ Jp / .-i • N• . / I Via•` / 14. 4 MATCH LINE (SEE SIIEET2OF 3) CRY OP IMAM title at00MIN —a.._ Cs— ••.* • _ __� ../14 Emma [fa I,wl CC* I,.tRt N.,l ,•, V-03.2 OALI BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE -OF FLORIDA LEASE AGREEMENT Lease Number 4721 • .THIS LEASE AGREEMENT, made and entered into this day of 201 between the BOARD OF' TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter .referred to as "LESSOR", and, FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and on behalf cif FLORIDA INTERNATIONAL UNIVERSITY (FIU) and MZANiI DADE COUNTY (COUNTY) (cbllective1y hereinafter referred to a$. mttssEE" , ) LESSOR, for and in consideration of mutual covenants and - agreements hereinafter contained-, does hereby Tease to said LESSEE- the lands described in paragraph 2 below, tdgether with the improvements thereon, and subject to the following terms and conditions: 1, DELEGATIONS OF AUTHORITY: LESSORFs responsibilities and obligations herein shall be exercised by the Division 'of State Lands, State of Florida Department of Environmental Protection- -2. DESCRIPTION OF PREMISES: The property subject to this lease is situated .in the County of Miami -Dade, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". The leased premises aro being leased to LESSEE' in an "AS IS, THERE IS" condition without warranties of title or representations. 3, TERM. The term of this lease shall be for an initial period of 50 years commencing on October 15, 2013, and ending on October 14, 2063, unless sooner terririnated pursuant to the provisions of this lease. LESSEE may -renew thie lease for tWO additional .25-year terms., subject to LESBORj s approval, at One of its regularly scheduled • rneetings, of LESSEE'S request to renew or extend this lease, LESSEE shall .be required.to give LESSOR at least one hundred twenty -(120) days written notice of. its election to. renew or extend this lease prior to the :expiration of the current lease tern. 4 PURPOSE: The .LESSEE; shall manage the leased prernisea only for the establishment and operation. Of programs and facilities that present arts., cultural, community, ci'v io, governmental and educational activities for the benefit of the pual.ic, along with other related rz$a-s neces:sary- for the accomplashznent of this purpose as dezigtated in. the Land Use Plan. xaquired by .paragraph 8 :Of this lease. 5, QCJIET . ENJOXNiEM.T .AND RZGRr' OF USE: LESSEE shall. have the right of ingress -and egress ta, from and upon the leased premises for ally purposes taecessary to the full quiet enjoyment by LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE LESSEE shall, through its agents and employees; prevent the unauthorized use of the leased premises or any use thereof not in conformance sd.th this lease. 7, .ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignmant made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. Page 2 of 24 Lease No. 4721. A 05/13 � . LAND USE. PLAN: LESSEE has prepared and submitted a business plan, which iS attached, hereto as Exhibit 'SE" 0Busiriess Pharr+') . LESSOR' s exeai,tjion of this Lease shall, canatitute, acknowledgment and approval„ of the Business Plan, and further that such Business Plan the satisfies the requirements for submission and approval of a Land Use Plan {Pi 3') .for, the leased ,premises, .in accordance. with Section •253,O34, Florida.Statutes, The leased premises shall be developed consistent With the original .ma:nagernent cpracept included in the PLAN approved:by LESSOR on August 20, 20.13,•provided however, that all parties understand and agree that that details of the PLAN may evolve and Change as a result of, and throughout., the design, construction anti. operakiorral phases of kie PLAN. LESSEE is tO notify LESSOR in writing of any changes that alter the original management concept secluded in the PLAN and At is .at the discretion of LESSOR if the changes are acceptable. LESSEE" shall give LESSOR reasonable notice of the app1ie. Lion for and receipt of any state, federal or local permits as well aa.any public hearings or meetings relating to the development or use of the leased premises, Any financial commitments made by LESSEE which are not in compliance with the terms of this pease shall be done at LESSEE's own rink. The PLAN shall provide the basic guidance for all, management activities.. LESSEE shall not use or alter the leased premises except as ,generally provided for in the approved PLAN without the prior written approval of LESSOR. Page 3 of 24 .Lease No, 4721 R 05/13 9 EASEMENTS: All easements at any nature including, but not limited to, ut litY easements are required to be granted by LESSOR. LESSEE is not authorized to grant any easements of any nature and any easement granted by LESSEE shall be 'void and without legal effect.. 10. SUELEASES -This lease is for the purposes specified herein and .subleases of anY nature are prohibited, without the prior Written approval of LESSOR•. Any sib.leaSe' not approved in writing by .LESSOR shall be void; and without legal effect. 11. OPERJT'INO AND OTHER ANCILLARY -AGREEMENTS.: All parties stipulate and agree that LESSEE has the right to eriter into agreement (s) with outside party (i.es) , for the .purpose (s) of managing, operating and/or maintaining all Or a portion of LESSEE'-s operations and/or the leased premises:, ncludir g . without limitation, ancillary and supporting functions such as vehicular parking and c4anceS ions. However reserves :the right to rear determine if the -activity L SSOR ew any proposed activity by a third party to would require a subleaSP purSuarit to Chapter 18--2, Florida Admirii trative code, If a stik,1ease is required, it shall comply with the applicable requirements of Chapter 1--2, Florida Administrative Code, 12. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease, Page 4 of 24 Lease No. 4721 R 05/13 13, PLACEMENT ,AND REMOVAL OF IMPROVEMENTS; All bui ldings , • s tructures and improvements -shall be constructed at the eXpenSe .of LESSEE in accordance with, .plans prepared by professi.©r a1 designers and Shall be developed cOnsistent. with the ob eetire.s of the PLAN. Further,, no trees other than non-native species shad be removed or -rna or land. Alterations done by LESSEE without the prior written. approval ,of LESSOR., Egui.pment and improvements ,placed on the leased presses by L ESSEE- which are not intended to, or do not become; a permanent pant of the leased' premixes Will remain the property of 1ESSEE and ✓ emoved by. LESSEE upon territinatiOn of this lease, 14. I1 SUi ANCE REQtYiPThENTS, During the term of this lease .LESSEE shall procure and Maintain a policy of fire and extended risk i.nsu.ranc `' c:c `verage. As governmental entities. 1ESSEE shall have: the option to satisfy this obligation under LESSEE' s property insurance program {s) with values scheduled• fox the full: insurable r piaoement value of any improvements or fsxtUres located en the leased premises. LESSEE shall provide .confirmation of such self-insurance »n compliance with Section 768.28; Florida Statutes, in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. LESSEE shall submit annually thereafter, written evidence of maintaining such insurance policies, or self--insuxanoe, to the Bureau of Public Land Administration, Division of State Lands, State of 'lori,da Department of Environmental Protection, Mali Station 120, 3800 Page 5 of 24 Lease Nn, 4721 R 05/13 may b$ Commonwealth Boulevard, Tallahassee, Florida 32399- 3QOO. Any certificate of self-insurance shall be issued or approved by the Chief `inanaial Officer, State of Florida, LESSEE shall: immediately -notify LESSOR and the insurer of any erection or removal -Of. any building ar other improvement o.n the leased premises and -any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall -be financially responsible for any loss duo to failure to obtain .adequate insurance coverage or failure to. self -insure as described ebove,.and the failure to maintain such policies or certificate in the amounts Set forth, or to self -insure, shall constitute aH breadh of this lease. 15, 1;IABll;l'T'' ; Eaoh party is responsible for all liability attributable te.that party and to the officers, employes and agents of that -party, including but not limited to l.iab;ility fox persona injury and property damage arising out oi' the negligent acts or omissions Of that party and the officers, employees and agents of that .party, Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 760.28, Florida Statutes, as amended from time to time, or any other 114W providing limitations on claims. 16. PAYMENT OF TAXES AND ASSESSMENTS/AUTHORITY 1"O CHALLENGE ENCUMBRANCES : LESSEE shall assume full responsibility for and shall pay all liabilities, if any, that accrue to the leased premi0es Or to Page 6 of 24 Lease No. 4721 A as/ia cne improvements rnereon, incivai- g any anct all ac. Ira harem taxes and drainage and special assessments or taxes of eVeay"kind and all mechanic's or Materia,1man' s liens which may . be hereafter lawfully and properly assessed and levied against the leased premise's .during the lease term. LESSOR stall not consent to or otherwise allow. or permit such taxes, asses8flents, liens, etc., to accrue or be asseased or levied upon thelea: ecl premises, and agree to reasonably y cooperate with the LESSEE in any efforts to .investigate, appeal,or Otherwise challenge in any Way such taxes, assessments, liens, , etc. LESSOR stipulates, authorizes, delegates and acknowledges that 'LESSEE shall be empowered t p take all steps necessary tochallenge any taxes; assessments{ liens, judgments, or any other erie,imbxanaeS etc including those EncuMb.rances as hereinafter described and defined in paragraph 1,and may do so by any legal and appropriate deans, incXuding bait not limited to, by the utilization of . legal proceedings LESSOR shall reasaxiably cooperate with LESSEE in any efforts to :investigate, appeal, :or otherwise challenge the forgoing, 17. NO WAIVER O1± BREACH: The failure of LESSOR or LESSEE to Insist in any one or .more instances upon strict performance of any one or more of .the covenants, thrzns and conditions of this lease shall not be construed as a waiver of such covenants., terms or conditions, but the same shall, continue ;in full force and effect, and no waiver of LESSOR or LESSEE of any of the provisions hereof shall in any event be deemed Page i of 24 Lease No. 4721. R 05/13 to have been made unless the waiver is set forth in writing, signed. by LESSOR or LESSEE; respectively. 18. TIME. Time is expressly declared to beof the essence .of this lease, 19, NON--DISCRIHI TATION:r LESSEE shall not discriminate against any individual because ofthat individual i S race, color, ei a:ga on, sec, national origin, age, handicap, or marital sta:tus with respect to any activity oceurri<ngwithin thhe leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 20, UTILITY E ES; LESSEE shall be responsible for the payment .of all LESSEE -caused charges fob the furnishing of gas, electricity, water and ,other public utilities to the leased premises and i'or having all utilities turned` off when the leased premises are surrendered,. 21. MINERAL.RIGHTSt This lease does not cover petroleum or petroleum. products or minerals and does not give the right to LESSEE to drill for or develop the same; and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and reoever-ing oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein 5ba1.1 be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and reaovery operations, 22, RIGHT OW AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or Page 8 of 24 Lease No. 4721 Et 05/13 require the submittal of an annual independent audit by a Certified Public Accountant during the term of this lease. This right siia11 be continuous until this lease expires or is terminated.. This lease may be terminated by LES$OR, should LESSEE fail to allow public access to. all documents; papers; letters or other materials made pr received i conjunction with this lease, pursuant tp the provisions of .Chapter 119, Florida Statutes 23, CONDITION OF PREMISES,: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an ,ras condition; with LESSQR assuming no responsibility for the care,, repair, maintenance or improvement of tho .leased premises for the benefit of LESSEE. 24', COMPLIANCE WITH LAWSLESSEE agrees that this lease is ❑ontingent.upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, xegu1atians,. ordinances, rules, and laws of the State of Florida or; the United States or of any political subdivision or agency of either. 25. NOTICE: All notices given. under this lease shall be in writing and shall . be served by certified mail including, but not. limited to, notice of any violation served pursuant to Section 2$3.O4, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing, LESSOR and LESSEE hereby designate their address as follows: Page 9 of 24 Lease No. 4721. R 05/13 LESSOR: LESSEE, With a copy to. With a copy to: State. of: Florida Department of Environmental Protection Division of State Lands Thureau of Public Land Administration, MS 130 3800 Commonwealth Boulevard Tallahassee, Florida 32399-.3000 Miamii-Dade County Department of Cultural. Affairs .11 $.W, Sheet, Suite 625 Miami, Florida 33129 Miami -Dade County Attorneys Office 1't Street, Suite 2800 Miami, Florida 33128 and Florida international University Modesto . Taidique Campus Senior Vice President & Chief FinanalA3: Officer ce:r Da.visiOn of rihance and Administration 112Q0 5- . 8t1 street, PC 523 A A i,, Florida 33199 Florida international University General Counsel's Office 11200 S : W. Stt. Street PC 531 Miami, Florida 33199 25, BREACH -OF COVENANTS, TERMS, OR CONDITIONS: Should -LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy s.ih breach within One htxdred twenty (120) days of .such notice., In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within one hundred twenty (120) days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach Including, but not limited to, the cost of Page 10 of 24 Tease No. 4721 R 05/13 recovering the leased premises or maintain this lease in full force and effect and eXercise all rights and remedies herein conferred upon LESSOR. 27. DAMAGE TO: THE PREMISES: (a) LESSEE shall not do, or suffer to be - done, in, on or upon the leased premises or as. affecting said leased premises or adjacent properties, any act which may result in dantag a or depreciation of value to the .leased premises, or any part thereof.. -(b) LESSEE shall not. generate, :store, produce, plce, treat, release or discharge any contaminants, pollutants or pollution, including, but net limited to, hazardous or toxic substances, chemicals or Bather agents on, into, or from the leased premises or any adjacent lands or waters in any manner -not permitted by law. -. `or the purposes •of this lease, "hazardous substances" shall >uean anct `ini 4ude those elements or compounds defined in 42 USC Section 9601 or which are .contained in the list :of h.atardous substances adopted by the United States. Environmental Protection Agency (EpA) and the list of toxic pollutants' designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contarninartt. "Pollutants" and "pollution" shall mean those products or substances .defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated. thereunder, all as amended or updated from time to time. Page 11 of 24 Lease No. 4721 R 05/13 In the event of lit$SEE's failure to comply With this paragraph, LESSEE shall, at its sole coat and expense, promptly commence and diligently pursue any legally: required closure, :investigation, assessment, a1eariup, c apribaminatiori, remediation, restoration and monitoring o (1) the leased premises,. and (2) all off -site ground and surface Waters and lands ,affected by LUS E's failure to comply, as may be necessary to bring the leased Premises .and affected off -site staters and lards into full compliance with all applicable federal, state or local statutes, laws, ordinance., codes, sales, regulations, orders, and decrees, and to restore the damaged property to the condition existing iMmediatel.y prior to the occurrence which caused the damage, Where hazardous substances have beers introd reed during the lease term., LESSEE rs remediation obligations set forth in this paragraph:shall surViire the ternwinati-an or expiration of thus lease, This paragraph shall xio t be construed as a limitation upon the obligations or responsibilities of .LESSEE as set forth herein, Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by 1;ESSEE's activities or facilities. Upon discovery of a release of a hazardous substance or pollOtant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LES$$EE Page 12 of 24 Lease No. 4721 R 05/13 shall report sddch v .illation to all applicable governmental agencies having jurisdiction, and to LESSOR, all, within the reporting periods of the applicable governmental agencies. 2a. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide: LESSOR with a current Phase I environmental site assessment conducted j,4 aaaard.ande With, the State of Florida DepartMent of .Ernrironmentai. ,Protection, Division of State Lands' .itandaxda priortit) termination of this lease, and if necessary a Phase 1.1 environmental site assessment. SURR13NOER OF PREMISES; Orion termination or expiration of this lease, TEES sEE shall surrender the •leased• premises to LESSOR. In the event no further use of the ,leased premises or any part thereof is :needed, or desired, in LSSSEEf s discretion., LESSEE shall give written notification. to LESSOR and the Bureau of Public Land Administration,. _Division of State Lands,. State of Florida Department of Environmental Protection, Mail Station 130, 38.00 Commonwealth F oUlevard, Tallahassee, Florida 32399-3000, at least si.x months prior to .the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. Upen release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives wtfa tten notice to LESSEE to remove any or ali such improvements at the Page 13 of 24 Lease No, 4721 R 05/13 expense of LESSEE. The decision to retain any improvements 'Upon termination or expiration of this lease shall be at LESSOR's sole discretion. Prior to surrender of all or any part of the leased presniaes a representative of the Division of State. Lands,. State of Florida Department of EnVironnental Protection- shall perform an on, - site • ns aectiof and the keys to any building en the leased premises shall be turned over to the State of Florida Department of Ehtirironmental, Protection, Division .of State Lands.: If the. improvements do not Meet: .all Conditions as set. forth in paragraphs 20 and 36 herein, LESSEE sh 1pay all costs necessary to meet the prescribed conditions '30. BEST MANAGSMENT . RACTI EEt LESSEE shall itplenent ,applicable Bost Management Practices for all activities conducted under this lease in ccmpl:iance with paragraph 18-2 018 (2) (h) , T .orida Administrative Code, which have been selected, developed, or approved by L.ESSDR or other land managing agencies for the protection and enhancement .of the leased premises, provided. that LESSOR has provided to LESSEE written copies of such. Best Management Practices prior to, or contemporaneously with, execution of this lease.. 31. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES : Fee title to the leased premises shall be retained by LESSOR. LESSOR and LESSEE shall not do or permit, and since September 25, 2012, they have not: done or permitted, anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in. Page- 14 of 24 Lease No. 4721 R 05/13 the leased premises including, but not united to, mortgages er construction liens. againstthe leaned premises or .against any interest of LESSOR therein. In -the event. any encumbrances including, but not limited to, liens, judgments' enforcement -orders andnotices, and municipal special assessments .{''Eneumbran.ces'r) attach to the leased. premises Ervin Septerttiber .25, 2012, through the term of this lease it will..be LESSEE'S responsibility to remove, release, satisfy, or otherwise resolve these EnguMbrances from the .leased premises at LESSEE' s sole cost and expense. Provided that in the event that EncauMbranoes are discovered which ware not reflected in the Old Republic National Title Insurance Company Commitment, Fund File Number Oi.:..2012,0i625OA With an effective date of Septeit er 25, 2012: at 1100. p,r.. , then LESSEE. shall have twelvemonths to attempt to remove, release, satisfy, or otherwise resolve those-. in the event that LESSEE: determines that it Is unable to reasonably de so, LESSEE may terminate this lease with no further 1'iabil ity or obligation under this paragraph. by then utilizing. the provisions of paragraph 29 of this lease, 32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this -lease shall .be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder ,shall remain in full force and effect and shall in no way be affected, impaired or invalidated, Page 15 of 24 Lease No. 4721 3 . ARCHAEOLOGICAL AND HISTORIC SITES: Eazecution of this lease in no way affects any of the .parties' obiigationa.pursuant to Chapter 267, Fl:orida.Statutes. The collection of artifacts or the disturbance Of archaeological aid: historic sites: on state -'owned lands -is Ptehibitod unless prior authorization has been Obtained from the State of .Florida Department of State, .Diyisien of Uistoricai. resources k. The Land KJse Plan prepared pursuant to Chapter 1.82., Florida Administrative Code, shall be r€viewed by: the Division of fisto7rical Resources to insure that adequate measures have been planned to locate, identify, protect. 4ncl pr.esorve the archaeoiogidai and historic sites and properties On the leased preiuises. 34. SOVERETON`x SUBMERGED SAND5. This. 3.ease does not authorize the use of any lands located waterward X. the mean or ordinaxy- high water line of any laJce, river, stream, creek, bay, estuary) or other water body or the waters or the air space thereabove. 35. ENTIRE UNDERSTANDING': This lease sets forth the entire understanding between the parties and shall, only be amended with the prior written approval of LESSOR and LESSEE. 36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained Within the leased premises and any improvements located thereon in a state of good -condition, working order and repair including, but not limited to, removing all trash or litter, maintaining all planned improvements as sat forth in the approved Land tise Plan, and meeting all building and safety Codes, LESSEE shall Page 16 of 24 Lease No. 4721. P. 05/13 Maintain any and all existing roads, canals r ditches, culvertsp risers and the like in, as good condition as the same may be or the effective date of this .lease. . 7. GOVERNING LAW: This lease shall be. governed by and interpreted according to the J.aws cif the State of Florida, sEcTIO$ CAPTIONS: Articles, subsectionsand-other captions contained i.n• this lease are .for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent csr :int :nt of this .].ease or any provisions thereof. BD, ADMINISTRATIVE FEE! LESSEE shall ;pay LESSOR an annual administrative fee of $300 pursuant to 'subsection 10W-2. 020 (8), Florida A'dz 'ini.strative -Code, The initial annual adr inistrative fee shall . ie. payable within thirty days froze .the date of -execution of this lease agreement and shall be prorated based :ion the number .of months or 'reeti.or thereof .remaining a.ii the fiscal year if execution. For purooses of this lease agreement, the fiSeal year shall be the period extending from July 1 to June 30, Each annual payment thereafter shall be due and payable on July l of each subsequent year, 40. SPECIAL CONDITIONS: The following special conditions s'hall apply to this lease: A. LESSEE shall. dedicate $20 million specifically for the capital expenses for the coconut drove Playhouse project and adhere to the timetable for the Capital plan as set forth in the Business Page 17 of 2.4 Lease No. 47721 R 05/13 p1an.. Failure to do so shall. constitute a default under this Lease . J.iluring tihe term of this 1aase and any. renewal Or - extension, 1a$ ZZ shall be required to provide LESSOR with an anti-nal written status report of the copstruation and the operation of the coconut -Grove Playhouse within 30 days of each annual anniversary data of this lease. C. laSSVg acknowledges and understands that this lease is subjeest .t o existing Coconut prove Parlang and Security Use Agree ment NO, 0392 ("Use Agreement,), dated November 2, 2012, as amended by 2 inendinent to Use .Agre ment Number '0392, dated atine 14' 20 ..3, by and -between LES$OR and Paradise Parking gystems, tLC, and. that LESSOR .shah. continue to receive the rnoiithly fees under the Use Agreement until.such time as the Use Agreement is terminated. Upo.a ti s8nt r s written request, LTi SSQR agrees to Promptly term ina.te the Use Agreement in accordance with the termination provisions in the Use Agreement.. Page 18 of 24 Lease No. 4721 R 05/13 IN °WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. ' s Witns Print/Type Name )141k6q1 Print/Type Name BOARD or TRUSTEES EES OF THE INTERNAL IMPROVEMENT -TRUST FUND OF THE STATE or FLORIDA By: i � •, e gf SEAL) CHERYL C. MaCALL, CHIEF BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 'LESSOR" STATE OF FLORIDA COUNTY QF . LEON The fore 4ng instrument was acknowledged before me this / ' day Of a ( .; 2Q / , by Cheryl. C. MOCall, Chief, ]bureau of Public -Land -Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf. of the Board of Trustees of the Internal Improvement Trust Fund of the -State ofFlorida- She. is personally known to mo 'ReY GARY , HEISER Ss S Commis ion # EE 6768a9 }A� •�i �d Expires Apiil 30,-2017 kn.od 7IN troy f ps lmise4o 00.-23-7ff19 Page 19 of 24 Lease No. 4721 R 05/19 . Notary PuS1ic, State of''Florida. Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Leefal.ity By: Attd xaey 'g- 77- C4z4--69,,. Print/Type (rv6S It . Print/Type Name STATE OF FLORIDA COUNTY OF MIAMI-DADE A r FLORIDA. INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and an behalf of Florida, I . erna#:ional University By: 1V1 ,Mk e), o`3`er -' f Print/Type Name Title: .edastoform nd legality F,1.U.A orfly 1 `'{--4 ► (OFFICIAL SEAL) "LESSEE" Th }fora oi.ng instrument maq acknowledged before me this day of t,t aer 20 ivi j:3) by O ! 3 . i('; uen ,.2.(�/"6f, as �f , on behalf of Florida International University Board of Trustees. He/She ' per on 11y known to one.. Notary Public, St Page 20 Of 24 Lease No. 4721 R 05/13 e of Florida Print/Type Notary Name Commission Number: Commission Expires: trtJANE f Dc'V11.l.E MYCOMMISSr0NNEE212192 •••" EXPIRES; October 6, 2016 a :fcdp E3aadedihrtiNfilmy Pak UndermRers W tta s s. Print/Type Name Approv6i Oh to ronni and Lega6 Sufficiency ( istant County Attorney 1c7(11— i -,..5,, ,_ ___ ,„ . ,..., Dale `J STATE OF FLORIDA COUNTY or Miami --Dade MIAMI-DADE COUNTY, FLORIDA By its Board of County Commissioneres By: ( �CV- Print/Type Title; Name (OFICI.LL) _ter_., ATTEST; •° a �f, a1a County Administra1:5Mgr4 Jl 4 Clerk of the Board of it nEi.',:' s r Commissioners of Miami liiki , ~ '`-P "` County ,• �u 6bfs.�;i• f L�.xF4 "LEi2SE "- The foregoing instrument was acknowledged. before me this 1 day of 00111M,ek 20,L, by ro.A 6 ( .' 6 ,rv4.e- and 'e,.t as . A0 (l and D 0 C-ked" arespeetive.ly, on behalf of the Board f County Commissioners of Miami -'-Dade County, Florida. They are personally known to rne. Print/Type Notary Dame Commission Number: ; • Commission Expires Page 21 of 24 Lease No. 4721 R 05/13 PA" t„ J I UELINE 01041,-MICN °`fi=. Hatuy Pu�''+ic - title 41 Fte#48 • t. 14 Comm, Er-p#tda tom: 23, 20l1 "; � ?r` Corrtmistio0 it) Et 007602 Yf ±" nzimtd nowt 1441onal Nolary Ann. EXHIBIT "A„ LEGAL DESCRIPTION OE' THE LEASED PREMISES PARCEL 1. Lots 1 and 2 of Engle Subdivision according to the -Plat thereof recorded in Plat Book 64 at Page 43 of the Rubric Records of Dade County, Florida. PARCEL II. Beginning at the intersection of the agreed Westerly line of the NW% of the SEI4 of Section 21, Township 54 South, Range 41East, with the Northerly right -of Way like of Charles Avenu.e (formerly`Evangilist Street) according to the Plat of FroW Homestead as recorded in Plat Book B at Page 106 of the Public Records of Dade County, Florida; thence South 89 degrees 56-mh utes 00 seconds East along said right of way Line for 150.76 feet to its intersection with the. Northwesterly right of Way line of Main Highway; thence North 28. degrees 49 minutes 45 seconds East alpg said right of way line for 83.04 feet to.a point on the Southwesterly right of way line of a former 14,12 foot alley lying Southwesterly of and adjacent to Lots 75 through 80 of the ,DeHedouvllle SubdlVision.according to the Plat thereof as recorded in -Plat Book B at Page 150 of the Public Records of Dade County, Florida; thence North 45 degrees 01 minutes 30 seconds West along said right of way line of12.519 feet to`the most Southerly corner of Engte Subdivision according to the Plat thereof recorded in Plat Book 64 at Page 43 of the Public Records of Dade County, Florida; thence North 28 degrees 49minutes 45 seconds East along the Southerly boundary of the said Engle Subdivision being also the Northerly right of way line of Main Highway for 2.65 feet to a point of curvature of a circular curve concave to the Southand having a radius of 745 feet; thence Easterly along said curve through a central angle of 0 degrees 17 minutes 00 Seconds for 3.68 feet to the center line of the afore -mentioned alley; thence North 45 degrees 01. minutes 30 seconds West along the center line of said alley for 124,21 feet:to the intersection, of said.center line with. the Northwesterly boundary line of Tract B of said Engle Subdivision; thence South 44 degrees .58.rninutes 30 seconds West for 7,06 feet to a point on the South-westerly boundary of Lot . of said Engle Subdivision, thence North 45 degrees ofrriiitu.tes 3D secot ds'West.along.' " the said South-westerly boundary of said Lot 2 for 101.,05 feet to a point on,the arc,of a circle having°a radius of 25 feet and a central angle of 40 degrees 23 minutes 20 seconds and having a center Which bears North 40 degrees 44 minutes 00 seconds West from said point; thence Southwesterly along said arc for 17.62 feet; thence South 89 degrees 39 minutes 20 seconds West for 5.20 feet; thence South along the agreed Westerly boundary of the NW! of the SEi4 of Section 21, Township 54 South, range 41 East for 235.78 feet to the Point of Beginning, lying and being In Dade County, Florida. PARCEL III..The East One Hundred Forty (140) feet of the North One Hundred Seventeen (117) feet and the East Fifty-two and One -Half (52.5') of Block Twenty -Nine (29), less the North One Hundred =s~ of,FroW Homestead according to the Plat thereof recorded '€n Plat Book B at Page i(16 '�06i Fecor' of Dade County, Florida. �rkii 1 , a 's tY, C5 it46 Wrxix4 int i,k t i ks Page 22 of 29 Lease No, 4721 R 05/13 The North 117 feet of the East 140.feet AND the East 52.5 feet, LESS the North 117 feet thereof,.of those certain un-numbered Lots in Bloat 29 as the same is shown on the amended Plat of Frow Homestead according.to the Plat thereof recordedin Plat Book B at Page 106 of the Public Records of Dade County, Florida, PARCEL FV. That part of Lots 75, 76 and .77 0eHedouville's Subdivision according to the Plat; thereof recorded in Plat Book B at Page 150 of the Public Records of Dade County, Florida; described as follows, Beginning at the most Southerly corner of the aforesaid Lot 75; thence run Northeasterly along. the Southeasterly boundary line of said Lot 75, 43.36 .feet; thence run Northeasterly parallel to the Southwesterly boundary lines of the aforesaid Lots 75, 76 and 77 to a point,in the Northwesterly boundary line of said Lot 77 thence Southwesterly to the Southwest corner of said Lot 77; thence along Southwesterly fine.ofsaid Lot 77, 76 and 75, to the Point of Beginning. Lessa portion of said Lot 75, released for Public Highway purposes AND all that part of the alley adjacent to Lots 75, 76 and 77 as shown on Plat of DeHedouville's Subdivision as recorded in Plat Book B at Page 150 of the Public Records of Dade. County, Florida. Being the same land as conveyed by Official Records Book 9843, Page 896, and Deed Book 1.566, Page ..90, as recorded in the Public Records of Dade County, Florida, and in Official Records Book 10909, at Page 2755 of the public Records of Miami -Dade County, Florida, Dars: tCia02, 3 Page 23 of 24 Lease No. 4721 R 05/13 EXHItal BUSIMESS PLPN See attached' Bu$inies's Pisa; CocoxnUt G'ove p.Layhc us . Page 24 of 2.4 Lease No, 4721 Ei 05/13 Business Plan Coconut Grove playhouse Property 3500 Main Highway, Coconut Grove, FL 33133 Presented by Florida international University and Miami -Dade County in consultation with GableStage FLORIDA ! INTERNAT ION L UNIVERSITY EtSTAOLt Coconut Grove Playhouse Business Plan Page 2 of 16 Table of Contents Introduction and Contact Information Pages 3. - .4 Governance and Organizational Structure Pages 5-7 Capital Plan Pages 8 -1 D Operational Forecast / Property Management and Development Pages 11 -.1.6 Attachments A Florida International University College of Architecture + The Arts (CARTA) — Vision and Mission K B - Building. Program for•3.00-seal professional theater • C — Gabie8tage; background. information ▪ ©-- Coconut Grove Playhouse Questions and Answers E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations ▪ F.- Coconut Grove Playhouse Property Location Map and Infcrmatidn Coconut Grove Playhouse Business Plan Page 3 of 16 ,Introduction This -Business Plan is an outline of the proposed use of the Coconut Grove,. Playhouse property in Miami, Florida by Florida, International University (FIU). and Miami -Dade •County for educational, cultural and civic engagement purposes, It was developed and approved by the boards of EIU and Miami -Dade County in close consultation GahleStacge; one of Florida's most accomplished not-for=profit theater companies. The proposed partnership among FIU, Miami - Dade County -and .GableStage:serves as a central premise for the Business Plan, Key Benefits to the: State and Florida International University It is important to emphasize the key benefits that acquisition of the Coconut. Grove Playhouse property and. this Business Plan provide to the State of Florida, FIU faculty: and students, and the general public of South Florida that FIU engages to advance its educational mission; FIU will have a partnership with. Mia.mJDDade County and Gable -Stage, one -of the regiori's .preeminent._non-profit theater corripanies and: the designated operator of: the regional theater facility, and can. establish programs to enhance -the work of FlU's College of Architecture The Arts {CARTA) and specifically, its Theater Department, for teaching .and learning, research, and performance activities (e.g„ student internships, workshops with practicing theater professionals; • university -sponsored pertormances; opportur it16s' for theater and arts faculty to develop professional credentials through acting, directing, set and costume design, production and -technical aspects alighting and sound, etc.). See Attechrnent A —Vision and Mission. FIU will have the .ability to use the theater arid ancillary spaces to. advance its established community engagement goals in a central, prominent Coconut Grove location and. further elevate. the profile and reputation of the university (e.g„ lectures by FIU faculty and visiting scholars;. presentations by FlU's Colleges, Centers, and Institutes; the FIU- Office. of Engagement; etc,). • FIU's affiliation with a major regional theater company will accrue to the university's status as an important center for creativity and innovation, similar to the benefits enjoyed by other universities affiliated with regional theater companies such as Yale University through the Yale Repertory Theater and Brown University and the Trinity Repertory Company. • Work on the -ambitious capital and operational .components of. the Business Plan will be accomplished with no cost to Flt1 or the State of Florida. ▪ FIU will serve as the catalyst for a major, historic cultural site in the heart of one of Miami's oldest neighborhoods to be reactivated for educational end cultural purposes. Coconut Grove Playhouse Business Plan Page 4 of 16 Key Benefits to Mtarni-Dade County The key benefits of the proposed partnership between FIU and Miami -Dade .County that help advance primary goals of the County's cultural development of our cOmmurtity and createmore opportunities for its residents and visitors include: w The County will achieve its goal of re-establishing a major regional theater for South Florida, a key missing element in our cultural life and an essential part of the County's plan to establish Miami -Dade County as one of the world's newest and most .vibrant cultural centers.. • The County will Utilize the $20 Million of capital funds already approved by the Board of County Commissioners for the capital plan to redevelop the Coconut Grove Playhouse site to accomplish an outstanding theater complex and adequate parking to serveits audiences. The County will help forge a programming partnership between FIU and .Ga leStage, the designated operator of the regional theater facility, to create outstanding educational and cultural opportunities. • The County will implement its work plan developed in collaboration with GableStage, a non- profit organization, to build the capacity of this outstanding theater company (its staff and its volunteer board of directors) to 'reach its clear potential to be one of thenation's leading regional theater companies. • The County will work with Coconut Grove stakeholders, with the inclusion of Public -Private Partnerships, to help achieve additional objectives for thus project, including but not hmFted to helping to revitalize a neglected part of this neighborhood,serving as a catalyst for economic redevelopment, pursuing the potential of additional, compatible deveoprflet1t an the property to support theater operations, and ensuring that this historic property is treated with respect and sensitivity to the "village' ambiance of Coconut Grove, This Business Plan is developed to provide the State of Florida with the confidence and assurance that FIU, Miami -Dade County and GableStage have sound business plans, adequate resources and the requisite expertise to accomplish the goals that are set forth and to achieve the important public purposes summarized above for the State, FIU and Miami -Dade County, Contacts: Kenneth A. Jessell, Ph.D. Senior Vice President and Chief Financial Officer Florida International University 11200 SW 8th St, PC 523, Miami, FL 33199 Phone: 305-348-21 01 Fax: 305-348-3678 Email: kenneth.iessell(Qfit.t,edu Lisa M. Martinez Senior Advisor, Office of the Mayor Miami -Dade County 111 NW 1't St, 29t' Floor, Miami, FL 33128 Phone: 305-375-29.11 Fax: 305-375-2099 E-mail: IisarnmOr iiamidade.gov Coconut -Grove Playhouse Business Plan Page of 16 Governance and Orianizatienai Structure In order to acconplish the goals of this Business Plan, the following organizationa governance structure will be utilized: and The Coconut Grove Playhouse property will be conveyed from the State of Florida • to FIU and Miami -Dade. County through a long-term lease, FIU and Miami=Dade County will serve as co -lessees. A separate agreement between FIU and the County will delineate the responsibilities and rights of each of the parties.. • Miami -Dade County will negotiate and execute .an operating agreement* with GableStage, a non-profit theater company, to operate, program .and maintain the theater (see below for key business points). h,riila"lr fernatibr al:'_ Ltrwersi ;Oporatinp Ap3k111011t5, Parking, Gtoundskeeping, etc Miami -Dade County and FEU will determine the best approach to manage the remainder of the site (parking, groundskeepirng, etc.). po Miami -Dade County and FEU may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure the viability and success of GableStage's and FIU's cultural and educational programming at the Playhouse. • FIU and GableStage will establish programming partnerships directly between them. * Miami -Dade County has a number of operating agreements with non-profit cultural organizations that manage, program and help maintain cultural facilities on its behalf (e.g., HistoryMiami, Performing Arts Center Trust, Miami Science Museum, Miami Art Museum). These partnerships add the expertise and activate the fundraising capabilities of the private sector to enhance the educational and cultural opportunities offered to the public. See Attachment F. Coconut Grove Playhouse Business Plan Page 6of16 Development and Management Agreement between NU and Miami -Dade County — Key Business Points Miarni„Dade County is responsible for funding and implementing a capital project to provide a theater; Front- and back -Of -house support spaces and parking, including but not i.imffed to the competitive selection of architectural, engineering and consulting firms and the competitive selectionof a contractor to build the project. FIU and Miami -Dade County,. In consultation with GebleStag+ , will agree upon a master plan for the site _and a building. program delineating theater spaces and sizes: • Miami -Dade County will negotiate and execute an operatingagreement with GabieStage for programming and maintaining the theater and will determine the best approach. to managing the rest of the site, subject to FIU's concurrence. • Miami -Dade County will utilize revenues generated by activities an. Coconut Grove. Playhouses property, other than those presented by GabieStage, to cover the expenses of parking and site management. Any revenues remaining after these expenses will be used by Miami -Dade County .solely to help support the non-profit theater activities presented for the public's benefit by GabieStage. ▪ Any additional future development of the site will be subject to the review and concurrence Of the State, fill and Kea -Dade County. The use of any additional revenue that:May-result from such development would be dedicated principally to. .the viability and .success -of GabieStage and is subject to the review of the State, FIU and Miami -Dade County and the approval of the State, A FIU will have certain defined benefits with GabieStage that take into account the goals of the Business flan for FIU'S students, .faculty and the community. These benefits will be agreed upon in writing between FIU and GabieStage before the County's execution of an operating agreement with GabieStage, which agreement shall reference and/or incorporate the benefits, While not exhaustive in scope, anticipated benefits may include joint marketing,. signage and promotion; GabieStage and FIU faculty and staff affiliations; workshops and master classes; use of thefacilities: and other benefits necessary to advance FIU., Miami - Dade County, and the Coconut Grove Playhouse. Miami -Dade County is responsible for the operational andmaintenance costs of the site. Miami -Dade County and FIU will agree upon a process for communication regarding progress and activities that may include regular meetings and reports shared with designated representatives. Coconut Grove Playhouse I3Usiness Plan Page 7 (116 Operating Agreement between Miami -Dade County and GabieStege — Key Business Points • GableStage will be responsible for operating, programming and maintaining the theater facility. * The importance of a lease term pf 60 years, With two renewable 5-year terms, is that the volunteer board of directors of GableStage can provide their current and future donors With a firm assurance that their contributions for programs are helping to establish 'theater -going traditions on a site that is secured for the next 100 years. This i§:essentiat for the increased fundraising that is essential to operate and program the theater, Funding from Miami -Dade County to GableStage Will be available through. the Cdunty'S competitive grants programs (currently, GableStage receives County grants through the Department of Cultural Affairs), Miarni-Dade County has provided. significant grant funding support to GableStage since its inception, fifteen years ago.* * Parking revenues and other income that may result from compatible developMent on the Site will be dedicated completely to GableStage to ensure the viability and SVCCeS of the non- profit theater operations. * GableStage and FIU will agree upon certain rights and benefits that also will be referenced and/or incorporated into the operating agreement between the County and: GableStage, 4 GableStage will participate in and provide input for the County's selection of capital ptojept consultants and contraCtorS and an the resulting work to develop a site Master plan and on the theaterdesign and construction. • GableStage will Workwith the County on:a management plan to help build its organizational capacity to ensure, success in operating and programming the theater (e.g., fundraising, board development, operating budget forecasts, eto), • Miami -Dade County and GableStage will develop and agree upon terms to ensure adequate and affordable parking on the Coconut Grove Playhouse site for GableStage perSonnel and for audiences attending activities presented by GableStage. * n FY2012-2013, Miami -Dade County allocated more than $250,000 in gran GableStage's operations and programming. support for Coconut Grove Playhouse Business Plan Page 6 of 16 Capital Plan The Capital Plan for the Coconut Greve Playhouse property consists of establishing a theater of the appropriate size and capacity to be operated by GableStage and parking to serve the theater arid, to the degree possible, surrounding educational and business interests — tiff within the established capital budget. Objective of the Capital Mari: Re-establish Great Regional Theater and Provide Professional Theater Opportunities for HU Students and Faculty The central purpose Of HU, M€ami.Dade County and GableStage in regard to the Coconut Grove Playhouse property is to re-establish great .regional theater on the site that was the hub for the community's major theatrical activityfor more than 50 years, Professional regional theaters contribute a number of essential activities for a community's cultural ilfe: They present the highest quality theater productions, ranging from classics to contemporary work. They serve as an incubator for neW theatrical works, commissioning the best and most promising playwrights to develop and premiere their work. They forge partnerships with universities to develop the next ;generation Of theater professionals, offering advanced training at the .highest level to student and equity actors, designers (lighting, stage and costume); technicians, administrators arid. directors. .In addition, they provide university faculty with opportunities for theirown- professional development through involvement. with theater productions. • They are a hub for employment in the theater community, providing the critical mass of job opportunities to keep talented theater professionals and graduating theater students in Miami and to offer internships to students. They are the largest .provider of field trip and in -school performances, introducing students to the repertoire and wonder of live theater. • They help to cultivate and support the work of other Miami theater companies, offering technical assistance, cross marketing support and joint programming opportunities. ▪ They help define a city as a major cultural center, in the same ways that a regional ballet company, a flagship art museum and a 2l century science center do. The Eluilding Program fora Regional Theater Facility Regional theater companies require very specific kinds of facilities in which to conduct these activities. In 2008, the board of directors of the Coconut Grove Playhouse in. collaboration with the Miami -Dade County Department of Cultural Affairs commissioned one of the nation's Coconut Grove Playhouse Business Plan Page of 16 foremost theater consulting firms, fisher Dachs-Associates (FDA), to do .a preliminary building program for a regional theater. This theater program Is Attachment B to the Business Plan. Punoiing for the Capital Plan Miami:Dade has approved $20 million that is dedicated, specifically for the capital expenses for the Coconut Grove Playhouse project, including "soft costs" and construction expenses: Miami -Dade County; Secured Capital Funds Amount Source $.5 million Convention Development Tax bond proceeds $16 mil€ion. Building Better Communities -General Obligation Bond program A preliminary "order of magnitude" cost estiti ate was done by FDA that demonstrated, that the building program could be accomplished within the $20 r illien of secured and aVailable County funding. This calculation was based on the square footage contained in the building program and an estimated cost of $450/s.f. for construction. Miami -Dade County will confirm this capital cost estimate at the outset of the master plan and design workfor the project and is committed to having 'a professional cost estimating firm as part of the consultant team that is selected to design this project. Cost estimates will be required at key benchmarksin the project's development to ensure that the project can be accomplished within the established capital budget. Timetable for the Capital Plan Miami -Dade County and FIU are committed to working quickly and responsibly to accomplishing the capital plan. The preliminary timetable for this work is contingent on variables ranging from the time necessary for the variety of necessary governmental approvals (ranging from County contracts for architectural and construction services to municipal reviews for historic preservation, permitting and inspections) to unforeseen existing site conditions and weather factors. Typically, capital projects consist of the following phases (with broadly .approximate time periods for each phase): Competitive solicitation for and approval of architectural and engineering services (6 to 12 months); Planning and design phase (18 to 24 months); Competitive bidding for construction (6 to 12 months); and Permitting, construction and commissioning this depends on the what the design phase generates for the project and the response from the selected contractor for how long Coconut Grove Playhouse Business. Plan Page 10of16 construction will take; for example, work with. an existing structure an the site, new construction and the integration of these elements all can impact the construction .timeline (36 to 60 months). The Miami -Dade County Department of Cultural Affairs will manage the capital project, competitively selecting and contracting for services for design and construction. The•Departnnent has a strong track record for managing successful theater design and construction projects, There .are a number of standard and required safeguards that the County uses for managing capital projects to successful completion. The County requires general contractors to have a performance bond and provisions fordelaydamages also are contractual conditions, serving as an incentive/penalty for contractors to maintain the constriction schedule. These are tested and effective mechanisms to help ensurethe completion and timeliness of Miarni-Dade County construction projects. In addition, Miami -Dade County is committed to working closely with FIt), community stakeholders, and with GableStage to ensure that the theater building is capable of successfully accommodating all of the functions of a regional theater company and the needs of nu, Coconut Grove Playhouse Business Plan Page 11 of 16 Operational Forecast / Property Management and Development FlU, MiarniDi ode County and GableStage are committed to a sound .and sustainable plan for developing and operating .the Coconut Grove playhouse site that does not cause any additional burden to the taxpayers of Florida. As such, the steadfast criterion for the operational forecast is that :the Coconut Grove Playhouse property can be managed, programmed and maintained without additional expense to the Mate, FIU and Miami -Dade County. Key Premises that Support the Operational. Forecast • GableStage will be responsible for all of the costsof the operations, programing and maintenance of the theater. • GableStage is a financially successful and stable. not -for -profit organization and its board of directors is fully committed to meet its fundraising responsibilities for their activities in the theater. Miami -Dade County has allocated funding to hire a management consultant to work with GableStage to develop its organizational capacity and strength. • GableStage currently receives County funding support through Miami -Dade County. Department of Cultural Affairs' competitive grants programs and it is anticipated that this support will continue, subject to annual budgets adopted by Miami -Dade County. Miami - Dade County has provided significant grant funding support to Gabiestage since its inception, fifteen years ago.* • Parking revenues and other income that may result from compatible development on the site will be dedicated completely to GableStage to ensure the viability and success of the non- profit.theater operations. MiarniDade County has committed operational subsidies to its other ton -profit cultural partners to ensure their success in operating and programming County facilities. Although the County cannot afford to allocate tax funds to another partner, these earned revenues, to the extent that they are maximized, can help GableStage achieve the mutually desired goals of financial viability, programming excellence, educational partnerships and public service. in FY2012-2O13, Miarni-Dade County allocated more than $250,000 in grant support for GableStage's operations and programming. Coconut Grove. Playhouse Business Plan Page 12 of 16 FIU Programs at the Coconut Grove Playhouse A. number of 'educational, cultural and community programs that will benefit FIU will be presented by the university at the Coconut Grove Playhouse,. FIU, through tts.partnership With GableStage, will establish programs to enhance the work of FlU's College of Architecture + The Arts and specifically, its Theater Department, These programs Include. student Internships, workshops with .practicing theater professionals, and opportunities for theater and arts faculty to develop professional credentials through acting, directing, etc. In addition, FlU Will have the ability to use the theater and ancillary spaces to advance its educational mission and established community engagement goals in a central, prominent Coconut Grove location and further elevate the profile and reputation of the university (e,g,, theatricaland musical performances, lectures by FIU faculty and visiting senders and .presentations by FIU's Colleges, Centers and Institutes, etc:). Through the collaborative partnership with Miami -Dade County and GabieStege and the reactivation of the Playhouse, expanded academic and research opportunities will be available to FIU students: and faculty that would net otherwise be possible. To the. extent necessary., Fit), Miami -Dade County and GableStage are committed to working together to help identify and secure any additional funding required; such es from grants and sponsorships, for FIU to:expand their programs et the Coconut Grove Playhouse. The Financial Viability of Regional Theater and This Business Model Miami -Dade County has a number of operating agreements with non-profit arts groups to manage property for the County; these relationships have had a trabk record of success for decades (see Attachment E), The County requires these non-profit organizations to go through an annual budget review process (identical to the process that a County department is subject to) and to submit annual reports (which include a financial audit), all with the objective of demonstrating that the public is being served programmatically and that the non-profit organizations are maintaining a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Department of Cultural Affairs has the lead responsibility for this oversight and the County's Office of the Mayor and Office of Management and Budget are directly involved as well. Miami -Dade County's relationships with these nonprofit organizations go far beyond what the term "monitor usually means — the County is a de facto partner and helps with resolving issues in real time, As a result of these oversight practices, Miaml-Dade County has a solid Coconut Grove Playhouse Business Plan Page 13 of 16 track record for .fiscal, operational andprogrammatic success with the non-profit organizations. that are managing, properties on its behalf. It is important to emphasize that this Business Plan represents a very different operatingmodel from the previous Playhouse approach where the non-profit operated as an independent entity.. G;ibleStage will' manage the theater under en operating agreement with Miami -Dade County and as such, will become part of the checks and balances already have established by Miami -Dade County to ensure responsible management, In addition, .FIU will establish educational and programmatic partnerships with GabieStage that will further strengthen this theater company, FIU has a distinguished history of collaborating withcommunity non-profit organizations and using its expertise in business .management, marketing, community engagement, leadership training and research to help build the financial and operational capacity of its partners. PreIin?inary Operational Forecast for Regional Theater As noted in the section above, Miami -Dade County has allocatedfunding to hire a management consultant to work With. GableStage. to develop its organizational capacity and strength. in the interest of demonstrating the financial feasibility of GableStage's management of the theater component, a preliminary operational forecast for regional theater has been included In this Business Plan; Regional Theater Preliminary 0perationa Forecast Ex ense Gate a Full Year Amount Administration $ 754,000:00 Theater staff (including benefits & taxes) $ 754,000,00 Administrative Expenses $ 84,500.00 Travel, Meetings, Mileage $ 25,000.00 Membership & Dues $ 6,500.00 Licenses/Fees/Permits $ 4,000.00 Office Equipment — Purchase $ 23,000.00 Misc. Program Sup_plies $ 10,000.00 Equipment Repair/Maintenance/Support $ 6,000.00 Professional Development/Recruitment $ 10,000.00 Programming $ 930,000,00 Artistic Personnel $ 750,000.00 Equipment Rental $ 26,000.00 Repair & Maintenance $ 30,000.00 Production Supplies $ 100,000.00 Coconut Grave Playhouse Business. Plan Page 14 of 16 Small• Equipment $ 15,000.00 Usher Program Expense $ 10,000.00 13ox Office $ 60,000.00 Computer Systems & Support (ticket printers, PC., sofa) . $ 30,000.00 Credit •Gerd Fees $ 30,000.00 institutional Marketing $ 174,000.00.. Brochures, Publications, Website $ 50,000.00 Advertising $ 70,000,00 Photography & Recordings $: . 14,000,00 Public Relations/Specie l Events $. 40,000.00 Sales Expenses . $ 25,000,00 .Concessions • $ 25,000.00 Operating Expenses. $ 330,000,00 $• 20,000.00 Utilities insurance $• 80,000.00 Maintenance;. security, elevator, ground keeping •$. .50;000.00 Contingency $ 250,000.00 • Total Expenses $ • :2,607;500,00 Revenue Category Full. YearAr9ount $ 650,000.00 Admissions. • Subscriptions $ 325,000.00 Contracted Services $ 150,000.00 Corporate Support $ 1.50,000.00 Foundation Support $ ,300,000.00 Private/Individual Support $ 400,000.00 Miami Dade County Grant $ 2.50,000,00 Other Government Grants $ 100,000.00 Special Events $ :150,000,00 Other Revenue $ 132,500.00 Total Revenue $ 2,607;500.00 It should be noted that this preliminary budget relies on a conservative estimate of revenue that would be generated by parking on the site which is Included in the "Other Revenue" tine item. The amount of revenue from parking. and other income that may result from compatible development on the site will affect the extent of programming that GabieStage will be able to present. It is important to emphasize that this is a preliminary "order of magnitude" estimate for the operating budget for the regional theater. A full operating pro forma will be developed by Coconut Grove Playhouse Business Plan Page 15 of 1 GableStage with the assistance of a management consulting firm and in cooperation with the Miami -Dade. Department of Cultural Affairs. This pro forma will continue to be updated throughout the planning, design and construction of the theater, initially as a .5-year operating forecast and subsequently as a detailed operating budget for the first year of operations of the theater, Operation of Parking, Site Maintenance and Cothpatible Development Miami -Dade County and Flu through the development and management agreement, would determine the best approach to manage : the parking, perform maintenance of the site and pursue options for additional, compatible development on the.•property,. The options for parking operations and site maintenance include:. 0 Operating the parking and performing the maintenance- itself (e.g.., Miami -Dade County currently operates a number of parking sites and maintains County property); Including parking operations and site maintenance in the operatingagreement as a responsibility of GableStage; Contracting with :the• ;Miami Parking Authority given their experience with the site and their other Coconut Grove parking operations; or Competitively selecting a parking operator and/or a maintenance provider, This decision would depend on the approach that generates the most revenue both ' for the upkeep of the site (e.g., landscaping and groundskeeping, fence repairs, lighting, etc.) and for operational and programming funding support for GableStage, subject to availability of parking and other income that may result from compatible development on the site revenues. It is known that prior to 2006, the Miami Offstreet Parking Authority managed the site's parking. and was able .to pay the Coconut Grove Playhouse $15,000 per month after expenses. When the site master plan is completed and the amount of parking is deterrmined, an updated forecast of parking expenses and revenues will be calculated. This will take into account the need to ensure adequate and affordable parking on the Coconut Grove Playhouse site for GableStage personnel and for audiences attending activities presented by GableStage. Miami -Dade County and Fit) may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure. the viability and success of GableStage's and FIU's cultural and educational programs. This development may address the need for additional parking and complementary site amenities (e.g., retail, restaurants, etc.). The following process would be used to ensure consensus and requisite approvals regarding the scope and character of these elements: Coconut Grove Playhouse Business Plan Page 10 of 16 • A masterplan for the Playhouse property would be developed that addressed both the theater and surface pantingas well as thepotential of future compatible development; A public process would be used to assess community needs .and benefits; • Proposed development is subject to required municipal reviews, including the City of MMiiami Historic and Environmental Preservation Board, to ensure that the scale, features and ambiance are consistent with the nature ofthis site and neighborhood; • The business Model associated with engaging such development -would be driven by the need 'to generate sufficient revenue necessary for the viabilityand success of GableStage's and FIU's cultural and educational programs and sufficient to cover any s[te,refatod expenses forwhich Miami -Dade County, FiU and/or GableStage may be responsible, and • In the ease that there may be revenue in excess of that necessary to accomplish the development and address these public purposes, the State would receive an equitable sham of the available. proceeds. It is important that the reed ler.this additional, compatible.development;is understood,. The steps outlined above would serve as the process for pursuing this option, All parties the State, FM and Miami -Dade County - would stay in close communication regardifng the evolution of any. specific protect.. Inaddition, key stakeholders, including GableStage and the .Pity of Miaml, would be integrally involved. It is understood that the more detailed development plans that may be developed through this process would be subject to the review and •approval. by the State pursuant to the terms of the lease. Attachment A- Florida International University College of Architecture - The Arts (CARTA) Vision and Mission Florida tnterfatianal University College of Architecture + The Arts.(CARTA) Vision and Mission Vision To inspire creative energy by engaging the South Florida community .in.the process of creating, producing, presenting, promoting, appreciating, and exploring the visual and performing arts Mission Public Engagement Meetings., conferences, lectures, and symposia Public .Perforrrrances. Plays, concerts, and operas by FIU undergraduate and graduate studerts as well as visiting artists in theatre; music, and danee, Potential emphasis on children's theatre, Shakespeare, Spanish language: theatre, Creole language theatre, new playwrights, etc. Public Visual Art Exhibitions Visual art exhibitions by.FIU .undergraduate and graduate students Visual art exhibitions by Coconut Grove Arts Festival Graduate visual Art and Theatre Design Studios FIU graduate art students' and FIU graduate theatre design students' work in studios Post -Graduate Theatre Company Post -graduate students from around world will form artists -in -residence theatre company Post -Graduate Dance Company Post -graduate students from around world Will form artists -in -residence dance company Master Classes Master classes by visiting guest artists provide educational outreach to FIU students; Miami Dade County Public School students, students at private institutions, and the South Florida community Service Courses Non-credit courses in theatre appreciation, history of film, acting, playwriting, painting, drawing photography, jewelry, digital art, vocal performance, music lessons, music appreciation, etc_,. Attachment Ate-- Florida International University College of Architecture + The Alas (CARTA) — Vision and Mission Classical. Radlo:Station House a Classical radio station (Existing station can relocate or stari.a new station). Live Work Space Affordatjle on -site housing for visiting professors, professionals, designers, artists, performers, lecturers, students;: and scholars, Attachment B - Building Program for 300-seat professional theater Miami, FL. vf.i3 DRAFT Fisher Dachs Associates Theatre Planning & bestgn April 1p..zopa tempW(v v2.0 Cover-1 Fisher Da ohs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat-professional theatre Miami, FL Building Program Summary of Net Square Footage Allocations Program Elfinerl Programmed Areas Attachment 8 - BiaiItiing Prbgrarn for 300-seat professional theater v10 4hxa/2o0a. Tata!nsf % Nsi WC's !Joe* Sinks Shmrars A Large Hall 300 Seats 11,390' S0% 73 2 24 9 C Public Spaces 4.4.95 .20% 13 t 19 0 D Administration & Building Services 2,075 .9% 3 1 9 0 E Production Support 4,605 20% • 0 0 3 0 Total Net Square Feet 300SezL 22,665 100 d 29 4 55 9 Estimated Nan -Programmed Areas 100% G Net Area H. Walls & Structure 2,812 . 12% 22,565 .100% 53% I SOH Circulation 5,612 2470 J Mechanical & Electrical 3,299 15°I 15% K InnacteesibleAreas 1,523 7% 9% Estimated Total GSF 4% Breakdown By Component A Large Hail 100 Performance Spaces 200 Backstage and Support Spaces Sub Total C Public Spaces 35,710 158% Tots!vs! % Ne WC's Urinals Sinks Showers. 7,05,5 62% 4,335 33% 11,390- 100% 73 2 24 9 700 Front -of -House and PUbtioSpaces 4;49b 1E10% Sub Total 13 Administration & Building Services BOG Administration 4,496. 100% 1,+0U 62% 900 Building Services 376 '1a% Sub Tnrat 2,075 1009e E Production Support 1000 Rehea rsa} Spaces 1,620 33°In 1100 Costume Shop 1,a3a. 2r*9'c 1115 Prop &:lop 31:10- 7% 13 19 3 1 9- 1300 Scenery Shop 1,650 S6%. Stab Total 4,605 100% 0 0 3 0 Summary - t D}n.Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Large Hail Summary of Net Square Footage Allocations Category 100 Performance Spaces 200 Backst ae and Support Spaces Total Net Square Feet Attachment B - Building Progran.for 300-seat professional theater Tote! Nsf 7,055 52% 4.335 38% 31,,390 100% Detailed Space List Performance Spaces Width Depth Height Nsf Corzrmecrts 101 Auditorium 300 Seats 9..5.sifseat 2,880 102 Staoehouse 2,$00 • Main Stage 0-0' grid} BOw 35d 60h . 2,800 nsf 35` max prosc 103 Stage Apron 35w 3d 105 104 Orchestra Pit 23 musicians 420 Overhung Area 35w 5d 175nsf Lrt3 vi',0 4/10/2008 35w 7d 245 nsf 105 Trap Room 20w 15d 320 Begins about 6'upstage dud to pit depth 10B Orch Pit Wagon Storage 107 Counterweight Pit 108 Dimmer Room 109 Amplifier Racic Room 0 Ow od 0 110 Lighting Control Booth 111 Sound Mix Location at Rear of Main Level 112 House. Sound Control Wagon Storace Room at Rear of Tvlairi Level 113 VIP's ! Director's Booth / Audio Description Room 114 Crying Room / Photographers Booth, 115 Protection Bocth 116 Followspot Booth Sub -Total A- Large Hall-1 100 80 200 0 0 0 0 0 none 150 up to two operators 7,055 •82.% Attachment B - Building Program far 300 seat professional theater FfilaU Fisher Daohs Asot:iates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL BuTiding Program Backstage and Support Spaces Performer Accorrrmodations 201 Dressing Roams rrst _03 (2) Star Dressing Room (t&s) 2 occ. /6w 18d 580 nsf .05 (1 j Four person Principal Dressing Rm (t&s) 4 occ. 1lw 23d 260 nsf .07 (2) Eight -person PrincipalDressing Rrt7MSS) /6occ law 28c1 1,000rrsf .05 (0) 10-person Chorus Dressing Rm rt&si 0 occ, 18w 30d 0 nsf Total accommodations 22 occ: 202 Off-stage Left and Right toilets (2 unisex at«} 60) 203 Performer's Lounge 30t3 204 Vending Machine/Pay Phones/Coffee Alcoves) ingress 205 Catl Board 4/10/2008 1,530 120 it hallway adjacent ro stapehause Fri gross 205 Pit Musician's Assembly Area .23musicians 0, 207 Pit .Musicians' / General Use Restraoms 0 Bars 0 0 iztrs; 0 urinals, 0 c rc's for men 0 nsf 20B Backstage elevator (5 x 8 cab. 2 slops) 140 Performer S upporf / Work Areas 0 wc's for women nsf 209 Wardrobe Maintenance Room 210 Wigs & Make-up Running Room 211 Laundry 212 Backstage Catering Pantry 213 Multi-Puruuse f Rehearsal Room Staff Accommodations 214 HouseTD-SM Office 0d 0h 0 0 -0 100 Space for22house washer ale dryers, folding 0 cast & crew:rnaals, star' hospitality 215 House Asst Prod Mlgr Office 216 Visiting Company Mgmnt Office 217 Visiting Stage Mgmnt & Design Office t1' 100 218 Crew Lounge, k'ette, rn&f lockers, m&f toilets. showers- 250 0 219 Wardrobe Crew Lounge A-Leerg.e Hall-2 0 226 Paint 1 Pyrc Lock -up 35 227 Lighting Storage, repair, gel, templates 1.50 226 AN Shop & Storage 229 Piano Storage 100 110 Iwo uprights, climate caritrbiled 230 Run Crew Supplies (tape, gloves, flashlights. radios, etc.) 0 231 General Storage (Risers, So tgoods in Hampers, Ladders, Air -Lifts, etc.) 250 232 Dance Surface Storage 0 T—On, Fisher Dacha Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Receivin & Store e 220 Slade Boor Lobby Attachment B - Sui ding Program• for :3OO seat professionai theater 411(7/200 221 Siege Doer Security Desk / Seety Equipment 100 also serves offices, othertheater 100 also serves oti7oe4. other theater 222 Stage loading dock for up to (21- 53' trailers on 20'.road tractors. and one dumpster. exterior. 223 Stage receiving & assembly (20' high) 20w t5d 2017 300 224- Tool Room, Repair Shop 1.00 225 Road Sox Storage 0 233 Instrument Storage 0 234 Stand and Chair Storage (for pit) 150 235 Frieght Elevator (0 stops; 6 x 12 cab) 0 Sub Total 4;335 33% Total Net Square Footage 11,3S& 100% A - Large Halt 73 drum ed', etc. Attachment B r Building Program. for 300-seat professional theater d Fisher Dachs Associates Theatre Planning & €design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Pubic Spaces Summary of,Net Square Footage Allocations Category 700 Front -of -House and Public Spaces Total Net Square Feet Detailed Space List Front -of -House and Public Spaces Width Depth Haight 701 Box 0ri0ce Sales Area Sales Windows, 2 @ 50sf Coffee area, unisex restroarn .(1) Managers' Office Staff Work Area for 2 Computer Room / Copy Room Supplies, recan:is storage Tatal Nsf 4.495 100% 4,495 1©0% 100 nsf 0 nsf 100 nsf 0 nsf 0 nsf o nsf 200 702 Sox Office Foyer Area 200 703 Large Heti Public Circulation 7.D nsf per seat Lobby Areas Total @ 3.0 nsf per seat Public Circulation @ 4.0 nsf per seat ,900 rye 1,200 nsf 2;100 Comments with vault 704 Large Hall Public Restrooms ate? 1 fxtr/ 25 seats 12 fairs 610 2 individual unisex h cap assist restroam fs) 120 nsf 7 wcs for women .350 nsf 3 fxtr s,- 2 urinals, 1 tvc's far men 140 nsf 705 Patron Services Desk (binoculars, hearingsystetns. disabled assistance, infoL Tact in lobby allow: 706 F.O.H. Equipment Storage (rain runners. etc.) 50 707 Program Storage 30 708 House Manager and Usher Coordinators, Office 150 709 Volunteer Ushers (1l0) locker and break room 0 allhalf-lockers 710 Public Elevators (2 - 5 x 7 cabs, 2 stops) 255 MD based on design 0 - Pub]ic Spaces -1 v1.0. 9/10/2008 On. Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 3OO-seatprofessional' theatre Miami, FL Building Program DonorAccommodattons & S ecial Events 71.1 Patron's LOUnge 1 Event Room Bar Area Lounge Area for 15 seated patrons (for dinne) Furniture storage Restracrns: 1 individual unisex h'cap assist restroom(sJ Support -?/3 Pantry . 1/35torage Concessions& Sales 712 Semite Bars (5 fin ft for each 200 patrons) Fired locations 713 Bar & Concession Storage & Prep Rrnis) 714 Concession Managers Office 715 Bartenders (0) locker room 'Attachment H - Building Program for 300-seat prot'essional theater v1.0 30 starrdind 0 fxtrS 0 nsf 315 nsf 125 nsf 6© nsf 4 ttsf 500 cfiscuss this pantry serves all events in public spaces confirm size with local caterer 2 tocatknns 2 locations 10 linear ft 100 allocate proportionally 1.00 refine with food-svcconsultant, distribute as needed 716 Sales Kiosk Staging 1 Storage 0 - Public Spaces - 2 100 0.. 100 Atfaci rient B - Building Program for 3O0-seat professional theater [F—DY:\ 'Fisher Oaths Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Exterior Pequirements & Sitevtorlc 717 Connections to Parking Garage exterior 718 Drcp-off & valet pkq plaza/Porte Cochere exterior 719 Bus & School Bus Parking & Cueing exterior 720 Siortage & poster cases exterior 721 Stree tscape features exterior 722 Truck & van Parking (a. Staoe Door. Loading Docks. Food Service Dock, Trash area exterior 723 Video/Audio remote truck parking (3 semi's) exterior 724 Dumpster oadslrecylinq bins exterior Sub Total exterior O.0 4/1'012008 Total Net Square Footage. 4,456 1•00% i] - Pubii c Spaces , 3 Adinintrat!on& E3uikin:41 Sa,70ces Summary of Net Square Footage Allocations Category 800 Administration - Total fist 900 Building Services Total Net Square Feet Detailed Space List Administration 801 Admin Offices (staff of 8 FTE) 802 Secr / Reception 803 Kitchenette 504 Small Conference Roam 805 Large Conference Room 805 AN Archive Library 807 PR Advertisino Storage 808 Work Room 809 Copy & Supply 1.700 82% 375 18% 2,075 100% 1 secy & waiting 750 200 0 225 0 0 80 810 File Room / Storage 811 Dead Storage 812 Computer Room 813 Rest Rooms 814 Janitors' Closet Sub Total Building Services 901 Building Engineering Office 902 Maintenance and Operations Office 903 Janitorial supplies storage 904 Janitorial crew lockers 905 Janitors' closets 15 nsF Large Hall SOH SturitiaThirBCH Public Areas Admitr, Sub Total 0 50 158 0 80 150 15 Commarns deleted" 1,700 '82% 90 •100 125 50 2: 337, asf 0 risf 1 15 nsf 1 15 rat Total Net Square Footage E-Atimin & Svcs -1 375 8% 2,075 100% Fisher Dachs Associates Theatre Planning & Design Coconut. Grove Playhouse - 300-seat professional theatre Miami, F1_ Building Program Production. Support Summary of Net Square Footage Allocations Category Attachment B - Budding, Program for 300-seat professibrla€ theater Total Nsf v1.0 4/102008 1000 Rehearsal Spaces 1100 Costume Shop 1115 Prop Shop 1300 Scenery Shop Total Net Square Feet Detailed Space List Rehearsal Spaces 1001 Rehearsal Half A 1,520 33% 1-.135 25% 300 7% t650 36% 4,505 1SlI % Width Dsp h. bight Comments 40W :35d 20h 1002 Stage Momnt Office for A 1.400 discuss. sizes 0 1003 Rehearsal Storage for 100 1004 Janitors' Closet 20 Sub Total 1,520 100% Costume Shop 1101 Costume Directors Office 1102 Costume Workroom Manager's Office Width Depth Fleight 1103 Costume Design Office 1104 Show Set-up Room 1105 Costume Workroom 1106 Forms Storage 1107 Fabric Storage 1108 Dye Shop 1109 Crafts Room 120. secure O secure, wiwindow into workroom 0 secure O 40 LF pipe tack; box storage. 609 Windows podgyersupplY ventilation 0 - 0 100 Outside exhaust, power supply, water, spray booth, adjacent to Workroom O Outside exhaust, powersupp!Y water; share dye .spray booth 1110 Spray Booth O Outside exhaust, powwersupply; water, share dye spray booth 1111 Fitting Rooms 0. 10x 11.,5 Foot ' offlge . mirrors. 1112 Wig Shop 1113 Understudy & Active Storage 0.. 1114 Janitors' Closet 15 1115 Costume Storage 300 Sub Total 1,135 100% F- Production Support- 1 10'ta11 Forireedaear^ Attachrnent B - Building Program for 300-seat professiarial theater ErbinFisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional :theatre Miami, FL Building Program Prop Shop Width Depth Height 111E Hand Prop :Storage 1117 Secure Prop Storage Sub Total Scenery Shop 1301 TD's Office 1302 Welding Area 200- secure 100:- secure 300 100% .111/it th Depth-. Height 1303 Wood Construction Area 1304 Paint Area Sub Total 150, secure 0 20h 1,500 v?;0 00)20fi8- 1,650 1.00% Total Net Square Footage 4,60 100°k F - Production Support - 2 Attachment C — GableStage: background information GABLESTAGE 205 135 Our mission is to provide -South Florida with Classical, contemporary, and original theatrical productions of artistic excellence, W.e fully embrace the challenges of working.in this multi -cultural community, and continually seek to creatc.irnnovative productions that entertain•as well as provoke. Foa fifteen seasons, GableSttage:has been at -the cutting edge of theatre in'SouthFlorida; striving to present the most vital Works of contemporary playwrights worldwide. in addition to our main -stage productions; we, pt'esent a robust series.of Bdueational Programs to thousands of Miami -Dade. County Public Schools every year; with both in-house and schopi tour productions, 'We also mount several free productions at of-f-sitevenues every year to provide theatre to underserved communities throughout Miarni-Dade County, Founded in 1979 as Florida Shakespeare Theatre, GableStage originally performed the plays of Shakespeare in repertory, using the outdoor Casino Gardens at Vizcaya. From 1987 to-1992, Florida Shakespeare Theatre was housed in the Minorca Piayhonse irr Coral Gables, until it was destroyed: by Hurrlr`;ane Andrew. Rut the theatre continued tcproduce at the. Carousel Theatre in Coral Gables in 1993 and 1994. In 1990, the theatre rnoved to its current home, the historic 13i1imore Hotel, and became GableStage.. GableStage provides crpportunitie,s that address the critical .needs: Qfan arts integrated curriculum in the classroom. i.n a quantitative study, the College -Entrance Examination. Board found that from 2001 to 2005, students vrho-were involved or exposed to theatrical and -artistic experiences scored an average of5O%. higher on the verbal and mathematics sections o.fthe SAT (AATB, 2012). There is a great need for educational opportunities that foster an environment conducive to learning through the performing arts, and GableStage works strategically to implement such programs, Our special morning performances are provided free of charge exclusively to underserved Miami -Dade County Public High School Students, We coordinate with the Miami -Dade County Public Schools Division of Life Skills to ari'a.nge student attendance at these performances. The approximate demographic breakdown of the students we serve is as follows: 40% Hispanic, 30% African - American, 25% White, and 5% Asian/Indian/Other. We serve male and female students with or without disabilities, between the ages of 13 and 20. Attachment C — GableStage: background information GableStage pursues a multi -pronged marketing strategy, corrtbining blanket advertising and.coverage in local media —television, print and radio --With a. eve li-developed and constantly growing contact list consisting of thousands of email and physical addresses. We wero also among the first theatre s in South .Florida to begin. to use social n cdia, and continue to seek the most innovative ways to interact with our audiences. Newspaper advertisements are routinely planed in the major South Florida newspapers: THE MIAMI HERALDS THE SUN SENTINEL, THE PALM BEACH POST acid THE.MtAM.INEW TIMES. We have.also .utilized online advertisements in the. interne. editions of all or those outlets. -AS appropriate to the season/current production, advertisements are also placed in the S[1NPOST, ENV MAGAZINE;. CORAL GABLES GAZETTE, and EL NUEVO HERALD. Regular advertisements arc also placed m South Florida magazines, such as AROUNDTOWN and the JEWISH JOURNAL. With regard to radio and television, the quality of the Material presented at GableStage has been successful in attracting media coverage from Metro -Dade Television and WLRN .Public Television, Most recently, we have participated in interviews on Channel 33 in South Florida and on HOT 105,1, ono of South Florida's most popular minority radio stations, Public service announcements are provided by radio stations including. a major sponsor, WLRN -and by CLASSICAL SOUTH FLORIDA. GableStage subscriber mailing lists are consistently increasing. These lists are used for entail and hard. copy bulk mailings. We send out direct mailings in South Florida of 17,090 postcards and 1,200 invitations per production. At the beginning of each season over 22,000 Season brochures aremailed to our local, regional and national subscribers, Our ennail contact list is over 10,000 strong, and we regularly add new contacts through our website, which also offers visitors the opportunity to become Season ticket holders, GableStage has mounted a six»play-season every year since !our move to our current location in -1999, and consistently received excellent reviews; as Well as winning the Carbonell Award tor Best Play and Best -Director seven tines, and Best Musical Carbonell Award twice. Overall, we have recoived 187 Carbonell nominations and won 50, Our Joining productions of classic pays have served aver 1 million Miami -Dade County Public School students since our founding as Florida Shakespeare Theatre in 1.979. Attachment C — GableStage: background information BLASTfqsAmitick { .11 3P.. E PL.'_O Vii moon ADD! G:MACHl, SHUA'SCHt lF � retto JRSOt .baYi I 'JOSt{UA:SC11 tr4400 LI.EUT NAN1: € F-INISHMO E r)tatatth Aci{: 1 PILLOWMAN YMAgi.N hlcDO[ AGH Attaohm nt [3 —Coconut Grove Playhouse Questions artid Ansvicrs• Pltl / Coconut Grove Playhouse Questions and Answers Question 4; Will the:pr•oposed operating agreements with GableStage and other operators for parking, groundskeeping, etc., require any real interest in property? Hso, Chapter 18- 2, F.A.C., requires competitive bidding and. payment :of market rent. • The Business Plaii proposes that these agreements be In the form of operating agreements and this takes into account thefact that the partnersalready are identified and that these relationships involve highly specialized functions. Miarru-Dade County has informed us That they have operating agreements with- a :number of non-profit cultural organizations to manage and program property that the County owns and/or has developed and that while these agreements must be approved b'y their County Conniission, they do not go through a competitive process given the specialized nature of the arrangements.. Naturally, we will review all of this withoutrespective attorneys to be sure that we are following the correct process and/or pursuing allowable exceptions, lt• is essential for the success of the Business Plan that the relationships described iti the Governance end.. Organizational Structure section tan be achieved. Question2: _Page .X2 referen :es an estimated $132,500 in `other revenue' of which paring fees are included, This is about 5% of the .overall . revenue; however, the Planfurther states that the amount of parking revenue available will affect the extent: of programming that GableStage will be sable to present. Will the extent. of programming depend on parking fees? • The explanation in the Business Plan for this statement is on page 10 and .Is the bullet point that states; "Any parking revenue available after the County's site expenses are covered is committed to helping support GableStage. Miami -Dade County has committed operational subsidies to its other nonprofit cultural partners to ensure their success in operating and programming County facilities. Although the County cannot afford to allocatetax funds to another partner, these parking revenues, to the extent that they are available, can help GableStage achieve the mutually desired goals of financial viability, programming excellence, educational partnerships and public service," This amount of money would constitute a single; major contribution to any non-profit cultural organization and as such help significantly with meeting their revenue goals. The County also points out that as projected, the amount of these parking revenues is lower than most of the subsidies it provides to its non-profit cultural partners; the parking revenues are projected conservatively and would help even more if the amount of the actual revenues is greater. Question 3. Is a copy of the agreement with GableStage available for review? • There is no contract yet. The agreements between GableStage and the County and FtU will be drafted once there is a reasonable assurance that the Business Plan will move ahead and there will be a building that the County will have GableStage manage and program. GableStage has reviewed the draft Business Plan and is in agreement with ALta6h rntattt D - Cacantit Grave: Playhouwe Questlans and Anavrors the business points that it contains and that will serve as a' basis for the agreements (please see pages 5-7 of the Business Plan), F1U will be involved In reviewing the agreement between the County and GableStage_ in order to ensure that those elements affecting programmatic partnerships between HU and GableStage are accurately Incorporated: Pease note that ultimately, the County Commission must approve their operating agreement. Question 4. GableStage currently has a 6-,play season at their currentlocation. How many productions per year are anticipated? .GabteStagt . will continuo toproduce a 6-play annual season, Activities presented by HU and joint Fti)-GableStage presented events will be coordinated with the schedule forGableStage`s season. It is important to note that this season (with itsrehearsals, previews a.nd outreach elements) will be complemented by other important activities presented by GableStage: including play readings, educational performances for students, productions by other small theater companies dosigned to rnentor their work, etc. GableStage,produces this array of activities year-round and will continue to do so at. the. Playhouse. Question 5, Will any 'IU production have to involve GableStage or can they he separate productions? The relationship between FUJ and GableStage will include both separately -produced f=1U activities and collaborations between FIU and GableStage,. It. is anticipated that giventhe exciting benefits of the synergy between Fill and GableStage, there wilt be more of the tatter, Question 6, Will FM students play an educational role in any production at the Playhouse? HU envisions a strong educational role for students and faculty, including but not limited to performance, directing, set -design, lighting, costuming, stage management, arts management, and/or marketing/public relations. it is anticipated that students could understudy and/or intent with GableStage gaining the experience of working in a professional regional theater company. The Business Plan explicitly emphasizes this meaningful role on page 3 - "HU will have a partnership with Miami Dade County and GableStage, one of the region's preeminent non-profit theater companies and the designated operator of the regional theater facility, and can establish programs to enhance the work of FIU's College of Architecture + The Arts (CARTA) .end specifically, its Theater Department, for teaching and learning, research, and performance activities (e.g„ student internships; workshops with practicing theater professionals; university --sponsored performances; opportunities for theater and arts faculty to develop professional credentials through acting, directing, set and costume design, production and technical aspects of lighting and sound, etc, - and Attachment D - Coconut Grove Playhouse Questions and Answers on page 6 _ "FIU will have certain defined benefits with GableStage that take into account the ;goals of the Business Pion for FIU's students, faculty endthe community,. These benefits will be agreed upon In writing between FIU and GableStage before the County's execution of an operating agreement.wifh GableStage, which agreement shall reference andior incorporate the benefits. While not: exhaustive in .spope, .anticipated benefits may include joint marketing, signage: and promotion; GableStape and FHU faculty and staff -affiliations; workshops and master blesses; use of the facilities; and other benefits necessary to advance HU, Miami -Dade County, and the Coconut Grove Playhouse." Question 7, Will there be anyclassroom work on.sUe? 6 FlU will develop .credit .and non-credit programs for the s€te`focusing°:on theatre, dance, musical theatre and music. As Mentioned in the Business Plan, there are .models nationally that suecessfUily link coursework of ,universities with the activities of a professional regional theater, Question 8. Non -Brecht courses are visualized, but will credit Bourses also be offered? Fitt can. offer a wide range of credit courses from. non -major introdUctory courses in theatre appreciation; Modern dance, introduction to aclirtg, etc, to coursework within the majors, including undergraduate theatre, undergraduate and graduate music and rriasterclasses with the theater professionals working at GableStige;. Question 9. "Ilit6 Work Space,' is visualized,. but no such area is show:A on the Fisher Daclrs Associates building program (Attachment B to the Business Plan). The Fisher Dacus Associates building program is'a preliminary one done to demonstrate the basic elements of a professional regional theater. The actual design work for the project would begin anew with a programming phase that would include the essential elements for a regional theater (front -of -house, audience chamber, stage, back -of - house) and other ancillary components such as parking, etc. It is anticipated that the possibility of artists' live work space would be explored and there have been preliminary suggestions that space for this function as well as for offices and classrooms might be redeveloped in the existing Playhouse structure that fronts Charles and Main streets (these spaces had been used for these purposes in the past); These design opportunities will be explored thoroughly once an architectural team is chosen competitively and they will be prioritized and measured against the available budget. This Is envisioned as a collaborative process among FHU„ Miami -Dade Count and GableStage. Question 10. While the plan. anticipates many activities that could occur at. the Playhouse, definite activities at present are the plays by GableStage and symposiums by a keynote, speaker for the student body, Can you provide more specifies regardin"educationai 3 Attachment D Coconut GroveP€ayhouse questions and Answers opportunities planned for the playhouse because education is a key component of the tease? * The answers to.some of the questions above should provide you with a better feet for just how intensive and educationally integrated, the activities at the Playhouse will be. In addition to the ongoing cotirsework, internships and other use by Pk) students and faculty described in these earlier answers, Ws Department of Theatre "independently will produce one major production (2-Weekrun) each year and the School of Music will present one performance at the Playhouse per .semester, The concept is that student classes and :internships will be the ongoing educational function on the. Playhouse campus and these performances will be the higher visibility events spotlighting FlU's. programs for the public: Question 11. Is the role of the Playhouse to be a source of revennc for the university, or will the Playhouse focus as an educational facility where students participate in activities to earn college credits, with .theatrical productions. by GableStage as a secondary activity? It is important. to .emphasize that a professional regional theater ,company. (i.e<, Gablestage) intensively utilizes a theater for .productions, rehearsals, educational programming, etc,, thereby providing .FIU with unique educational opportunities. The partnership between FiU and GabieStage is the Integrated model described in the earlier answers where .students and faculty take advantage of these unique opportunities for learning and. professional experience that are offered by affiliation with a "regional theater. While the emphasis s on the extraordinary educational benefits, Fill also will pursue the real -world revenue generating "opportunities that are inherent in a high profile partnership like this one (and-thiS, inand of itself, can be of educational benefit, teaching students the business aspects of theater and music), Additional key points provided by lt'XU FtU's proposal is designed to create a $20 million state-of-the-arttheater facility on property to be owned by HU, through a State lease and at no cost to FIU. FHU. and its partners, Miami -Dade County and GableStage, have well -documented and long histories in the fallowing areas: FIU has e strong comriiitment to the arts through its academic programs and through itsactivities occurring at .the Frost Art Museum, the Wertheim Center for the Performing Arts and at off -campus venues throughout the County. The County has extensive experience in the design, construction and management of large-scale performing arts facilities and in working with non-profit arts organizations to assure programmatic and financial success. GableStage has a twenty year history as the preeminent theater in Miami -Dade County, has successfully maintained relationships with local schools and colleges and already provides educational programming for more than 10,000 students annually, and each year, presents a program of the highest quality theater performances for the community, Attachment D - coconut Grave Playhouse Questtana anct Answers • Gable$tage's theater.season° is original and unique each year. GabieStage. already utilizes iocai students and professionals in its productions together with playwrights, directors and actors with international recognition. With the proposed reigtionship, FIU, :Miarmi-Dade County and GableStago will work togetherto create -the .maxirrlum benefits for the.university and for the community at large. All three -partners are convinced. that the creative: acid collaborative process we hove embarked upon -is such •that the. opportunities .for educational activities arid collaborations are unlimited.. To the extent that More. structured specifics are -not in place is to be expected at this. very early stage, in the process... However, FIU is .equally convinced that..as it' develops More - definition, the- collaborative opportunities will -grow and evolve- in number and .in• depth, At its Ore,. the Business. Man represents far more than e Commitment to a certain number of Student opportunities or a -.certain number of days of a particular activity annually. FIU, GableStage and the County are making a. commitment to a collaborative, process designed to create opportunities for the FIU theater, music and arts programs: in every- aspect. of the use and operation of a magnificent theater that is being constructed. with County funds and operated by •GableStage and its commitment to meeting operational' coats, Attachment E - Wei -Ili -Dade County Operating Agreements with Non -Profit Cultural Organizations Miami -Dade County has a number of operating agreements with non-profit arts groups to manage property for County, these relationships have had .a track record of success for decades. The County requires these non-profit organizations to go through an annual budget review process (identical to the process that a County department is subject to) and to submit annual reports (which include a financial audit), .ail with the objective of demonstrating that the public is being served programmatically and that the non-profit organizations are .maintaining: a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Department of Cultural Affairs has the lead responsibility for this oversight and the County's Office of :the Mayor and Office of Management and Budget are directly involved as Well. MiarnirDade County's relationships withthese nonprofiti.organizations go far beyond what the terra "monitor" usually moans — the County is a de facto partner and helps with resolving issues in real .time. As a result of these oversight practices, Miami -Dade County has a solid track record for fiscal, operational and programmatic success withthe non-profitorganizations that are managing properties on its behalf. It should be noted that :new buildings currently are under construction for the Miami Art Museum and Miami Science Musourn In downtown MVllarni's Museum Park. The operating agreements with the museums for their hew sites provide for a fifty year term, with two renewable twenty-five year periods. Belowis a list of eXamples of these current MamiDade':County,partnerships with Major cultural institutions. HistaryMiami Duration of Operating Agreement (to date): 41 years FY 2012-2013 Operating Budget: $3.06 million FY20122-2013 County Grant Support: $1.46 million Description of Nonprofit Organization: HistoryMiami, formerly known as the Historical Association of Southern Horida, is the premier cultural institution committed to gathering, organizing, preserving and celebrating Miami's history as the unique crossroads of the Americas. The museum accomplishes this through exhibitions, city tours, education, research, collections and publications. HistoryMiami is located in the downtown Miami Cultural Center and is preparing for a major expansion into the adjoining building that formerly housed the Miami Art Museum, Attachment E -- Miami -Dade County Operating Agreements with Nin-Profit Cultural Organizations Miami Art Museum Duration.of Operating Agreement (to date): 26 years FY 2012-2013. Operating Budget: $11, 72 million FY 2012-2013 County Grant Support: $1.53'Million Description of Non-profit Organization: The Miarni Art Museum .is dedicated to collecting, and exhibiting international art of the 20th and 21stcenturies with a special emphasis ori art of the Americas. The museum's collection has grown steadily and now, comprises more than 1,300 works .across a range of media: A new Herzog & de Meuron-designed building for the museum is. under construction in downtown Miami's Museum Park. The Perez Art Museum Miami (PAMM) will open to the public In December 2013, The new Perez Art Museum Miami will strengthen the museum's role as a vital cultural and edt catlonal:center and provide generous spaces toshowcase the museurn's art holdings and attract more top caliber exhibitions. Muni •Science Museum Duration of Operating Agreement .(to, date): 5$ years FY 2012-2013 Operating Budget. $6,66 FY 2012-2013 County Grant Support:.$1.00 million Description of Non-profit Organization: The °Miami Science Museum inspires people of all •ages and eultures to enjoy science and technology. During the last decade, the museum has grown to 4,000 member families, over 250,000 annual visitors, one of the largest summer science camps. in the nation (ages 3 to 14) and countless. additional exhibits, collections and activities, A state- of-the-art new Patricia and Phillip Frost Museum of Science is now under construction in downtown Miami's Museum Park and scheduled to open in early 2015, Structured around a lushly landscaped indoor and outdoor "living core" of terrestrial and aquatic exhibits, featuring one -of -a -kind aquarium components, a :state-of-the-art digital dome, hands-on exhibits and interactive digital technology, MiaSci will offer one of the world's most exciting museum experiences. Every aspect of the three-story, 250,000-square-foot MiaSci building is designed to inspire the mind, engage the senses and stimulate the imagination. It will also be a unique educational resource for people of all ages, cultures, and economic backgrounds. Attachment E — Miami -Dade County Operating Agreements with .Non -Profit Cultural Organizations Performing Arts Center Trust (Adrienne Arsht Center for the Performing Art ) Duration of Operating Agreement {to date): 17 years FY2012-2013 Operating Budget: $34,66 million FY`2012-2013 County Grant Support: $8,96 rl?illior# Description. of Non-profit Organization: Situated at the cultural crossroads of the Americas and in the heart of one of the world's fastest -growing urban centers, the Adrienne Arsht Center for the Performing Arts• of Miami -Dade County is one of the largest performing arts centers in the nation. Strategically located in downtown Miami, the Arsht Center Occupies 570,000 'square feet along historic Biscayne Boulevard between RE 13th and 14°' Streets, The Arsht Center was° designed by world-renowned architect. Cesar Pelll. of Pat Clarke Pell and includes the 2,400» seat Ziff Ballet Opera House, the 2,200-seat John S, and James L. Knight Concert Hail and the Carnival Studio Theater, a flexible black -box space designed for up to 300 seats, As a focal point of Greater Miami-Dade's diverse cultural life, the Arsht Center enlightens, educates and: entertains audiences with a year round schedule of perforrning arts events. Exhibit I=— Coconut Grove Playhouse Property Location Map and Information Folio Building Square Footage Lot Size Property A Property B 01-4121-045-0140 01-4121-056-0030 50,470 sq. ft, 5,023 sq. ft. 100,188 sq. ft. (2.3 acres) 6,840 sq. ft. Total 55,493 sq. ft. 107,028 sq. ft. (2.45 acres) The entire site has been designated historic by the City of Mianni Historic and Environmental Preservation Board. COUNTY ATTORNEY MIAMI-DADE COUNTY, FLORIDA Stephen P. Clark Center 111 NW 1st Street, Suite 2810 Miami, FL 33128 Phone: 305-375-5151 Fax: 305-375-5611 September 18, 2025 Via Email David Snow, Planning Department Director City of Miami Planning Department Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130-1910 RE: Miami -Dade County's November 2018 PZAB Approval for the Coconut Grove Playhouse Project; Request for Tolling and Extension We write regarding the current validity of the PZAB's 2018 approval of the County's application for an exception and associated waivers for the Coconut Grove Playhouse project. The approval was issued on November 7, 2018 pursuant to PZAB Resolution No. PZAB-R-18-059 (hereinafter, the "PZAB Resolution" or "Resolution"). See attached. A letter on this topic was first submitted to the City Attorney's Office in July 2022. This letter serves as a renewed request. At the time of the PZAB's approval, section 7.1.2.6 e. of Miami 21 provided that an exception is valid for two years and that "[a] one (1) time extension, for a period not to exceed an additional year, may be obtained upon approval by the Planning Director."' Although the PZAB approval was issued in 2018, both the face of the PZAB Resolution and existing law on equitable tolling demonstrate that the intervening litigation between the City and County over this project tolled the expiration of those approvals. In addition, the County's PZAB approval is subject to statutory tolling and extension, pursuant to section 252.363, Florida Statutes, due to declared states of emergency for Hurricanes Ian and Milton. As explained below, when taken together, this equitable and statutory tolling and extension means that the PZAB approval remains valid. 1 More recently, section 7.1.2.6 e. of Miami 21 was amended to provide that "[a]n Exception shall be valid for a period of three (3) years," and "[a]II Exceptions that are unexpired as of December 1, 2024 and for which a one-year extension as previously provided in this paragraph were not already obtained are deemed extended by one (1) year." 1 Litigation Tolling Notably, while the PZAB Resolution was "effective immediately upon its adoption," making it a final appealable order, approval of the exception and waivers was expressly conditioned on, among other things, "compl[iance] with all applicable requirements pursuant to Chapter 23 of the City Code, as amended, entitled 'Historic Preservation."' Thus, on the face of the Resolution, implementation of the exception and waivers was contingent upon another event: compliance with the historic preservation code's certificate of appropriateness process. As you may know, the County timely sought a certificate of appropriateness pursuant to Chapter 23, and the City Commission ultimately granted that certificate in 2019. But the City Mayor improperly vetoed the historic preservation decision, which forced the County to seek recourse in the courts to preserve the City Commission's approval. Through no fault of the County, this process took years to conclude. And it ultimately concluded in the County's favor with the City Mayor's veto quashed, leaving in place the City Commission's approval of the certificate of appropriateness. See Miami -Dade Cnty. v. City of Miami, 2021 WL 1308290, at *9 (Fla. Cir. Ct. App. Apr. 7, 2021), reh'g denied, 2019-167-AP-01, 2021 WL 3046218, at *1 (Fla. Cir. Ct. App. June 3, 2021), cert. denied, 346 So. 3d 1210 (Fla. 3d DCA 2022). Only after the County finally prevailed in the historic preservation litigation were "all applicable requirements pursuant to Chapter 23" satisfied, thereby permitting the County to act on the PZAB approval. Indeed, given the above condition, the PZAB approval could not have been implemented and acted upon before June 7, 2022, as the Third District Court of Appeal's decision in favor of the County did not become final until after the expiration of the rehearing period on June 6, 2022; and because the PZAB approvals could only then be implemented and acted upon, the two-year period in which to act on the approvals began to run only then, after the litigation had concluded. But even if the PZAB Resolution did not on its face provide for delayed implementation, the doctrine of equitable tolling applies here. As the Florida Supreme Court has explained, "[t]he doctrine [of equitable tolling] serves to ameliorate harsh results that sometimes flow from a strict, literalistic construction and application of administrative time limits contained in statutes and rules." Machules v. Dep't of Admin., 523 So. 2d 1132, 1134 (Fla. 1988) (citation omitted). Here, the PZAB granted its approval on November 7, 2018. At that time, Miami 21 would only expressly authorize a single one-year extension, meaning that the approvals could have been extended at most to November 2021. But the City's challenge to the Circuit Court's decision in favor of the County was still pending before the Third District Court of Appeal at that time. Thus, even with the code -authorized extension, the City's appeal precluded the County from taking action on the exception and waivers within the extension period. See, e.g., Dean -Moss Family Ltd. P'ship v. Five Mile River Works, Inc., 23 A.3d 745, 751 (Conn. Ct. App. 2011) ("The defendant's argument that the plaintiff could have prevented the expiration of the approvals by applying for a building permit or by seeking an extension of time from the commission is not persuasive. Building permits and extensions of time are also limited in duration. They certainly may expire prior to the conclusion of protracted litigation between parties."). 2 Under this type of unique circumstance, courts have recognized equitable tolling of land use approvals. See 4 Rathkopf's The Law of Zoning and Planning § 70:15 (4th ed.) ("Where a municipality, by action or inaction, prevents, interrupts, or interferes with a permittee's efforts to continue work to completion, the time period is tolled."); R. Fuller, Land Use Law and Practice (1993) § 24.10 at 453 ("[A]n appeal from the granting of an issuance or permit is a defense to the fact that the successful applicant did not use the permit or variance within the time period otherwise provided by law."). For example, in Fromer v. Two Hundred Post Associates, 631 A.2d 347 (Conn. Ct. App. 1993), a developer's wetlands permit was conditioned upon the developer obtaining a zoning permit and commencing significant activity within one year of issuance of the permit. Thereafter, lengthy litigation ensued, which prevented compliance within that timeframe, but the plaintiff nevertheless claimed that the permit had expired. Id. at 350. Rejecting that contention, the court found that the "defendants have been involved with the present application for an inland wetlands permit [for 6 years] because of the appeals brought by a single plaintiff," who challenged every phase of the process, including both zoning and coastal area management site plan approvals. Id. Under such circumstances, the court held "that, on the facts of this case, in which a valid permit was issued to conduct a regulated activity within a specified time period and appeals from the granting of the necessary permits to conduct that activity were not resolved within the time period during which the activity was required to begin, that time period is tolled until all litigation is completed." Id. at 349. The court's reasoning is particularly apt here: [T]he defendant[s] complied with all the applicable regulations in obtaining their permits, and ... [t]he defendant[s] prevailed both before the regulating agencies and in the courts. Yet, six years later, the plaintiff is before this court arguing that because of the passage of time the inland wetlands permit has expired. The regulatory process is not designed to be a spider's web, snaring one who follows all the regulations and statutes, obtains all the necessary permits, and successfully defends a series of appeals, but then loses his right to proceed because the passage of time has caused the permits to expire. Id. at 353. This decision, which applied equitable tolling to prevent the expiration of a land use approval, is in line with numerous other courts that have addressed similar circumstances. See e.g., Nat'l Waste Managers, Inc. v. Anne Arundel Cnty., 763 A.2d 264, 279-80 (Md. Ct. Spec. App. 2000) (absent equitable tolling, "we would render hollow [applicant's] many legal victories merely because, during the time it took [applicant] to achieve those victories, the special exception expired"); Darst v. Blairstown Tp. Zoning Bd. of Adjustment, 982 A.2d 27, 41 (N.J. Sup. Ct. App. 2009) (pendency of litigation regarding conditions placed on site plan approval equitably tolled two-year period that property owners had to implement site plan); Preseault v. Wheel, 315 A.2d 244, 247, 254-55 (Vt. 1974) ("[W]here a valid permit is issued for a specified period, and where actual construction is delayed by litigation, involving parties who have standing to oppose construction, past that time, a permittee otherwise proceeding in good faith is entitled to reissuance of that permit, even where the zoning was meanwhile changed so that the project is 3 nonconforming."); Belfer v. Bldg. Com'r of Boston, 294 N.E.2d 857, 860 (Mass. 1973) ("the relief from time limitations given in cases ... where a legal impediment exists to the use of a benefit, should also be given where []an appeal from the granting of the variance creates equally real practical impediments to the use of a benefit. Otherwise a variance which was lawfully awarded can be frustrated by the delay inherent in an appeal. Unless an appeal tolls the time period, many variances would be meaningless."). In line with these authorities, the time for the County to act on the PZAB approval must be deemed tolled for the period of the litigation that actually prevented the County from acting on that approval.2 In addition, the City is estopped from enforcing the time period applicable to the PZAB approval. "Stripped of the legal jargon which lawyers and judges have obfuscated it with, the theory of estoppel amounts to nothing more than an application of the rules of fair play." City of Miami Beach v. Clevelander Ocean, L.P., --- So.3d ----, 2022 WL 610218, at *4 (Fla. 3d DCA Mar. 2, 2022). Under the circumstances here, it would be highly inequitable to destroy the County's right to proceed under the PZAB approval. The only reason that the County did not act within the period prescribed by Miami 21 is because, as noted above, the exception and waivers were expressly conditioned on obtaining historic preservation approval —a necessary precondition to any work required to effectuate the PZAB approval. And the only reason that the County did not obtain historic preservation approval in time is because the City Mayor improperly vetoed the certificate of appropriateness granted by the City Commission, requiring the County to seek judicial recourse. And the only reason that the litigation did not conclude within enough time for the County to act on the PZAB approvals is because the City appealed two decisions favorable to the County to the Third District Court of Appeal3 and sought multiple extensions of time over the County's repeated objections, each time representing to the courts that the extensions were not sought for purposes of delay.4 Because the City's actions alone are the reason that the County was unable to timely act on the PZAB approvals, the City is estopped from enforcing any time limitations that would otherwise apply to those approvals. See, e.g., Dean -Moss Family Ltd. P'ship, 23 A.3d at 751 ("It is the 2 Similarly, any expiration period applicable to the County's final certificate of appropriateness —which was the subject of the litigation —did not begin to run before June 7, 2022, when the litigation finally concluded. Notably, the City agreed with this position and recognized tolling as to the historic preservation approval. See email attached. In addition, since that time, the County invoked emergency tolling pursuant to section 252.363, Florida Statutes, and the City has acknowledged that the County's Certificate of Appropriateness is valid until January 14, 2030. See permit extension attached. 3 In November 2019, the City sought a writ of prohibition from the Third District Court of Appeal arguing that the Circuit Court lacked jurisdiction, and in July 2021 the City sought a writ of certiorari from the Third District to review the Circuit Court's post -remand decision that quashed the veto. 4 Between the proceedings in the Circuit Court and the Third District Court of Appeal, the City sought and obtained five extensions of time. 4 defendant's conduct in opposing the granting of the plaintiff's coastal site plan applications, and its subsequent actions in challenging the validity and enforceability of the parking easement that is an integral part of those applications, that has caused the lapse of time that the defendant now claims has resulted in the expiration of those approvals."); Preseault, 315 A.2d at 248 ("[T]o hold that a developer, proceeding as expeditiously as possible, must be denied reissuance of the permit he first applied for and received solely because his application for a second essential permit resulted in litigation of more than a year's duration would go beyond the desired and worthwhile goal of controlling development.... This result would contravene our announced policy that a good faith developer should be able to proceed with assurance."). For each of the reasons above and under the unique circumstances of this case, the City should conclude that any time limitation applicable to the County's exception and waivers was tolled for the period of the litigation. And with such tolling recognized, rather than expiring two years after issuance on November 7, 2020, the validity of the PZAB approval was extended until November 28, 2023, with the optional one-year extension still available under the then -existing version of section 7.1.2.6 e. of Miami 21.5 Emergency Tolling and Extension Pursuant to Section 252.363, Florida Statutes In addition to litigation tolling, the County is entitled to statutory tolling due to the declared state of emergency associated with Hurricanes Ian and Milton. As provided in section 252.363, Florida Statutes, the Florida Governor's declaration of a state of emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration, plus extends the period an additional 24 months or, in the case of multiple states of emergency, up to an additional 48 months. In accordance with the statute, the holder of the permit or other authorization must notify the issuing authority in writing of the intent to exercise the tolling and extension authorized by the statute within 90 days after the termination of the applicable emergency declaration. By this letter, the County provides written notice of its intent to exercise the tolling and extension of the PZAB approval under section 252.363, Florida Statutes. On September 23, 2022, the Florida Governor issued Executive Order 22-218, declaring a state of emergency for several counties, including Miami -Dade County, due to the dangers presented by then Tropical Depression Nine, which later became Hurricane Ian. On September 24, 2022, the Governor issued Executive Order 22-219, which amended the aforementioned executive order to declare a state of emergency for the entire State of Florida. These executive orders provided that the state of emergency would expire in 60 days, unless extended. Subsequently, due to the scope and scale of severe damage occasioned by Hurricane Ian, the Governor has 5 The calculation is as follows: The PZAB approval was issued on November 7, 2018 and valid for two years per the then -existing version of section 7.1.2.6 e. of Miami 21; thus, it was valid until November 7, 2020. The certificate of appropriateness litigation period spanned from May 17, 2019, when the City Mayor improperly vetoed the City Commission's approval, until the Third District's decision became final on June 6, 2022; this amounted to 1,116 days. When 1116 days are added to the original expiry date of November 7, 2020, the validity of the PZAB approval is tolled until November 28, 2023. 5 continued to issue Executive Orders extending the state of emergency due to Hurricane Ian, including most recently by Executive Order 25-125. It appears, however, that the state of emergency for Hurricane Ian has not been further extended and thus expired on August 12, 2025. Regarding Hurricane Milton, on October 5, 2024, the Florida Governor first declared a state of emergency for certain counties, including Miami -Dade County, pursuant to Executive Order 24- 214. This state of emergency has since been extended several times, including most recently by Executive Order 25-150 issued on July 28, 2025. Unless further extended, the state of emergency for Hurricane Milton is due to expire on September 28, 2025. To calculate the amount of tolling to which the County is entitled, the statute first requires a determination of the duration of the state of emergency. In this case, the state of emergency for Hurricane Ian began on September 23, 2022 and expired on August 12, 2025, while the state of emergency for Hurricane Milton began on October 5, 2024 and is due to expire on September 28, 2025. Thus, the duration of these combined emergencies amounts to 36 months and 5 days.6 Second, the statute requires an additional period of 24 months or, in the case of multiple states of emergency, an additional 48 months to be added to the duration as an extension. Here, because we deal with two states of emergency, the County is entitled to an additional 48 months. Accordingly, the statute entitles the County to tolling and an extension in a combined amount of 83 months and 26 days. As noted above, the litigation tolling to which the County is entitled extended the expiration date of the PZAB approval to November 28, 2023, with the optional one-year extension still available under the then -existing version of section 7.1.2.6 e. of Miami 21. When adding the statutory tolling and extension pursuant to section 252.363, Florida Statutes, the expiry date of the PZAB approval is tolled and extended from November 28, 2023 until December 3, 2030. Conclusion In short, based on unique circumstances present, the City should recognize that the County's 2018 PZAB approval was tolled by the certificate of appropriateness litigation and further tolled and extended pursuant to section 252.363, Florida Statutes. The City has already agreed that any expiration period applicable to the County's final certificate of appropriateness —which was the subject of the litigation —was entitled to tolling and did not begin to run before June 7, 2022 due to tolling. See email attached. In addition, since that time, the County invoked emergency tolling pursuant to section 252.363, Florida Statutes, and the City has acknowledged that the County's certificate of appropriateness is valid until January 14, 2030. See permit extension attached. The County submits that the same result should obtain here with regard to the PZAB approval. And, as explained above, when such litigation tolling is recognized and coupled with the statutory tolling and extension pursuant to section 252.363, Florida Statutes, it is clear that the PZAB 6 In the event that the state of emergency for Hurricane Milton is further extended beyond September 28, 2025, the amount of tolling would need to be recalculated accordingly. 6 approval remains valid until December 3, 2030. Further, because section 7.1.2.6 e. of Miami 21 was recently amended to provide that "[a]II Exceptions that are unexpired as of December 1, 2024 and for which a one-year extension as previously provided in this paragraph were not already obtained are deemed extended by one (1) year," the County is entitled to an additional year for its PZAB approval, meaning that such approval should be deemed valid until December 3, 2031. Thank you for your consideration of this matter, and we look forward to the City's response. Sincerely, s/G%ame6, &Ida 61-(p, gib. James Edwin Kirtley, Jr. Miguel Gonzalez Luis Reyes Assistant County Attorneys Miami -Dade County Attorney's Office cc: Amber L. Ketterer, Assistant City Attorney AKetterer@miamigov.com 7 Planning, Zoning and Appeals Board - May 6th, 2026 COCONUT GROVE PLAYHOUSE ZONING HEARING DATE TAKEN: 05/06/2026 TIME: 6:59 p.m. - 11:43 p.m. LOCATION: Miami City Hall 3500 Pan American Drive Miami, Florida 33133 TRANSCRIBED BY: AUSTIN GOODRICH U.S. Legal Support 1 www.uslegalsupport.com Planning, Zoning and Appeals Board - May 6th, 2026 Page 2 Page 4 1 APPEARANCES 1 INDEX OF PROCEEDINGS 2 3 PLANNING AND ZONING APPEALS BOARD: 2 Adam Gersten - Chair 4 Lynette Cardoch - Member 3 PAGE Chris Collins - Member 5 Maria Paula De Carolis - Member 4 Proceedings 5 Eduardo Fernandez - Member 5 Certificate of Transcriptionist 201 6 Paul Mann - Member Elon Metoyer - Member 6 7 Joshua Patinkin - Member Mario Bailey - Member 7 8 STAFF: 8 9 Amber Ketterer - Assistant City Attorney Sevanne Steiner - Assistant Director of Planning o 10 Efren Nunez - Department of Planning and Zoning Staff Member 10 11 ON BEHALF OF APPLICANT MIAMI-DADE COUNTY: Ashlee Thomas - Director of Department of Cultural Affairs 11 12 Eddie Kirtley - Assistant County Attorney Alejandro Gonzalez - Arquitectonica 12 13 ON BEHALF OF PRESERVE THE WEST GROVE AND RESIDENTS: 13 14 David Winker 15 PUBLIC: 14 Courtney Berrien 16 Elvis Cruz 15 Anthony Vinciguerra 10 17 Marc Abrams Debbie Dolson 17 18 Raz Stuzin John Dolson 18 19 Barbara Lang Reynold Martin 19 20 Shannon Fenn Margaret Mojsiejuk 20 21 Laura Nottenkamper Theresa Chormanski 21 22 Shelby Slayden 22 Nighat Naseer 23 Alexandra Navarro 23 Amie Armbrister 24 Gloria Calhoun 24 Christopher Hudson 25 Max Pearl 25 Paul Dean Jackson Page 3 Page 5 1 APPEARANCES CONTINUED 1 PROCEEDINGS 2 2 CLERK: Calling PZAB1, File ID 19077, a resolution of 3 PUBLIC CONTINUED: Mitchell Bierman 3 the Miami Planning, Zoning and Appeals Board, with attachments, 4 Billy Corben 4 approving with conditions five exceptions: An exception Mia Dorazio 5 pursuant to Article 5, Section 5.7.2.4 of Ordinance Number 5 Unidentified Speaker 6 13114, the Zoning Code of the City of Miami, Florida, as Aramis Toledo s Edward Marton 7 amended, Miami 21 Code, to allow for the restoration, expansion, Mark Burns 8 and master planning of the locally historically designated 7 Maria Mihalik 9 Coconut Grove Playhouse; an exception pursuant to Article 4, Andy Parrish 10 Table 3 to allow for the use of civic, community facility; an 8 Chris Baraloto 11 exception pursuant to Article 4, Table 3 to allow for the use of David Dingle 9 William Armbrister 12 office; an exception pursuant to Article 4, Table 3 to allow for 10 13 the use of commercial; an exception pursuant to Article 4, Table 11 14 3 to allow for the use of public garage; and subordinate waivers 12 15 pursuant to Article 5, Section 5.7.2.4, Subsection D: A waiver 13 14 16 to allow for an increase in maximum lot coverage from 50 percent 15 17 to 62 and 4/10 percent, which is 62.4 percent; a waiver to allow 16 18 for a decrease in minimum green space from 30 percent to 14 and 17 19 9/10 percent, 14.9 percent; a waiver to allow for an increase in 18 9 20 maximum driveway width from 10 feet to 30 -- to 30 feet; a 20 21 waiver to allow for an increase in maximum impervious pavement 21 22 within front setbacks along Main Highway and Charles Avenue, and 22 23 30 percent to -- to 100 percent for the real property designated 23 24 24 CI, Civic Institutional, Transect Zone generally located at 3500 25 25 and 3498 Main Highway, Miami, Florida, as more particularly U.S. Legal Support 1 www.uslegalsupport.com 2 to 5 Planning, Zoning and Appeals Board - May 6th, 2026 Page 6 1 described in the attached and incorporated Exhibit A; making 2 findings; containing a severability clause; and providing for an 3 effective date. 4 MR. NUNEZ: Good afternoon, members of the board. 5 Efren Nunez with the Department of Planning and Zoning. I'm 6 here before you to bring an item for the restoration and 7 expansion and master planning for the historically designated 8 Coconut Grove Playhouse. The -- the request, again, is for five 9 exceptions, and four associated waivers. 10 Before you, you can see the site analysis. The 11 proj- -- the project site contains approximately 2.39 acres. 12 It's located within the Coconut Grove Neighborhood Conservation 13 District. Here, you have an aerial of the subject site and the 14 surrounding properties. 15 Again, the subject property is zoned CI. It consists 16 of two addresses, and it's surrounded with T5 to the north, T5L 17 to the south, and T -- T3 to the east. It's located along Main 18 Highway, and it's located within the entity. 19 Here, you have some context in terms of what the 20 existing property looks like. As you can see, the -- a portion 21 of the site has already received a building permit for 22 demolition for the ex- -- the rear portion of the theater, and 23 the portion that is historically designated fronting Main 24 Highway and Charles Avenue is what remains. 25 These are some of the existing conditions of the site. Page 8 1 In 2004, pursuant to County Resolution R91904, 2 Miami -Dade County residents passed a bond measure to allocate 3 funds for the cultural facility, allotting needed funding for 4 the playhouse. In October 5th of 20 -- of 2005, the Historic 5 and Environmental Preservation Board, pursuant to Resolution 6 HEPB2005060 designated the playhouse as a historic -- a local 7 historic site. In 2010, Code Enforcement cited the playhouse as 8 an unsafe structure, as it had been shuttered for several years 9 and had fallen into a state of disrepair. Subsequently, the 10 County and City staff met on multiple occasions to discuss 11 feasible alter- -- alternatives to save the iconic historic 12 structure. On October 8th of 2013, Miami -Dade County and FIU 13 entered into a lease agreement with the State to manage and 14 operate the site. The cam- -- the County held community 15 meetings to discuss and gather input on the future programming 16 and master plan for the playhouse. 17 On April 4th, 2017, HEPB approved with conditions a 18 certificate of appropriateness to conceptually allow for the 19 partial demolition and the restoration, expansion, and master 20 planning of the historically designated playhouse, under 21 Resolution HEPB17-023. In April 19th of 2017, the appeal to the 22 City Conmiiesion of HEPB Resolution 1723 was filed. And then on 23 December 14th, 2017, a public hearing on HEPB Resolution 24 HEPB17023 appeal was held before the City Commission and 25 resulted in Resolution R170622, which quashed the HEPB appeal Page 7 1 As you can see, the building is being held by stilts. 2 This is the portion from the rear of the site where 3 the -- you can see the portion that has already been demolished, 4 which received a building permit for the demolition for that 5 portion. 6 So I'm going to go over the quick history and 7 background. This is important in terms of why we're here, as 8 this item has come before PZAB before and has gone through HEPB 9 and City Commission on multiple occasions. So, previously, the 10 site contained approximately 30,000 square feet of legal 11 non -conforming theater building. The site currently contains 12 the remaining portion consisting of a 3-story and approximately 13 12,000 square feet of a legal non -conforming historically 14 designated structure. 15 Back in 1926, the Coconut Grove Playhouse, formerly 16 Paramount Pictures, was -- was originally constructed as a movie 17 playhouse, designed by architectural form -- architecture firm 18 Kiehnel and Elliott in the Spanish Rococo architectural style. 19 In 1955, the theater was remodeled by the Alfred Browning Parker 20 to accommodate the playhouse. In the 70s, after multiple 21 changes in ownership, the playhouse was ordered sold that 22 auction at the steps of the County Courthouse. In 1980, the 23 State of Florida acquired the playhouse by assuming its 1.5 24 million mortgage. The State contracted the Coconut Grove 25 Playhouse, Inc. to operate the theater. Page 9 1 and instead added conditions to the decision of HEPB. And then 2 moving forward to February 1st, 2018, the applicant filed an 3 Appellate Case Number 2018000032AP01 to the Eleventh Judicial 4 Circuit Court of Florida to appeal the City Commission 5 resolution. The Court -- the Circuit Court in a mandate dated 6 May 16th, 2019 quashed the City Commission resolution and 7 mandated the reinstatement of HEPB Resolution HEPB17023. 8 And then, again, on February 21st, 2018, the Urban 9 Development Review Board recommended approval of the applicant's 10 plan for the restoration, expansion, and master planning of the 11 historically designated playhouse. On September 5th, 2018, the 12 Planning, Zoning and Appeals Board moved to approve the 13 expansion and associated waivers that allowed for the 14 restoration, expansion, and master planning of the historically 15 designated playhouse by a vote of five in favor and three 16 against. However, pursuant to Article 7, Section 7.1.1.4D4, no 17 action to approve the exception shall take place without the 18 concurring votes of a supermajority of the board members 19 present. As such, the motion failed. On October 10th, 2018, 20 subject site was designated and listed on the National Register 21 of Historic Places by the National Park Service at the request 22 of the State of Florida's Division of Historic Resources. 23 On November 7th, 2018, a supermajority of the PZAB of 24 the City, pursuant to PZAB Resolution PZABR18059, approved the 25 applicant's request to waive the time limits pursuant to Article U.S. Legal Support 1 www.uslegalsupport.com 6 to 9 Planning, Zoning and Appeals Board - May 6th, 2026 Page 10 1 7 to eliminate the required 18-month period before hearings and 2 approve the exception and associated waivers for the 3 restoration, expansion, and master planning of the historically 4 designated playhouse that was previously denied by PZAB on 5 September 5th. The -- this approval was valid for a period of 6 two years, and thus expired on November 2020, which is the 7 subject of this request. On March 5th, 2019, HEPB denied a 8 final certificate of appropriateness to allow the partial 9 demolition and restoration, expansion, and master planning of 10 the historically designated playhouse under HEPBR19010. On 11 March llth, 2019, the appeal to City Commission of HEPB 12 Resolution 19010 was filed, which is the second HEPB appeal. 13 And then on the 19th -- on May 18th [sic], 2019, a 14 public hearing on HEPB resolution appeal was held before the 15 City Commission and resulted in Resolution 190169, which quashed 16 the HEPB denial and approved the certificate of appropriateness. 17 And then on May 17th, 2019, the City Mayor, pursuant to 18 provisions 4G5 of the charter of Miami vetoed the City 19 Commission Resolution R190169 and reinstated the HEPB denial. 20 On May 23rd, 2019, the City Mayor's veto was presented to the 21 City Commission and was sustained. Then on June 17th, 2019, the 22 applicant filed an -- filed Appellate Case Number 2019000167AP01 23 with the Circuit Court to appeal the Mayor's veto of the City 24 Commission Resolution R190169, the Second Circuit Court appeal. 25 The Second [sic] Court, in a mandate dated June 22nd, 2021, Page 12 1 the locally designated historic playhouse. While similar in 2 character to what was approved in PZAB resolution, the applicant 3 has made minor modifications based on community input, which is 4 the subject of this request. So for background purposes, that 5 was pretty much the summary of the project. The project before 6 you is the very similar -- very similar in -- in scale and the 7 requested waivers and exceptions as it previously came before 8 the board. 9 So, in summary, this is a project to rehabilitate and 10 restore the portion of the architecturally significant historic 11 front building facades to their original 1927 design, construct 12 a 310-seat, 28,172-square-foot theater, new 289 parking 13 structure, the garage, on site, replacing the existing surface 14 parking with approximately 3,700 -- 80 square feet of food and 15 beverage space, 2,636 square feet of retail on the ground level, 16 21,390 square feet of office on multiple levels facing Main 17 Highway, and 2,622 square feet of single -story office near the 18 proposed pocket park, new internal wide promenade between the 19 parking structure, playhouse gateway building, and the theater 20 buildings, and a new pocket park at the corner of Thomas Avenue 21 Alley and Via Abitare Way. 22 So, again, the five exceptions is one exception to 23 allow for the construction, master planning, and -- of the 24 Coconut Grove Playhouse, then the four associated exceptions are 25 for the use for the civic community facility office, the Page 11 1 quashed the Mayor's veto and reinstated the City Commission 2 Resolution R190169, which approved the certificate of 3 appropriateness. 4 Then moving forward to May 14th, 2024, the planning 5 director approved a timely filed tolling extension for HEPB 6 Resolution R19019, which extended the final certificate of 7 appropriateness to January 14th, 2030. 0n April 15th, 2025, 8 demolition permit was -- for partial demolition of the theater 9 pursuant to HEPB resolution was approved. Waivers to allow the 10 demolition was approved on January 27th, 2023, under file -- PZ 11 File Number PZ2215336WA. A permit indicated retention of 12 certain interior architecture items, such as pieces of the 13 Proscenium Arch, wall fountain, portions of the Solomonic 14 Columns, and concrete screens. Then on July 12th, 2022 and 15 September 18th, 2025, the applicant requested tolling for PZAB 16 Resolution PZABR18059 due to the Second Circuit Court appeal of 17 HEPBR10019. City staff advised the applicant that the requested 18 tolling would not be recognized as PZAB resolution was not under 19 consideration by the Circuit Court in Appellate Case Number 20 2019000167AP01, and there was no automatic nor affirmative 21 tolling for PZAB approval. 22 So on December 20 -- on December 3rd, 2025, the 23 applicant submitted a letter of intent as a result to approve 24 five exceptions and as -- the associated four waivers needed to 25 allowed for the restoration, expansion, and master planning of Page 13 1 commercial component, and the public garage. 2 So we've gone over the four waivers as -- as read into 3 the record by Hearing Board staff. So, current, 50 percent for 4 lot coverage to 62.4 percent of lot coverage, minimum green 5 space from 30 to 14.9. Current what's -- what's required and 6 what's proposed, driveway width of 10 to 30 and impervious 7 pavement within the front setbacks along Main Highway and 8 Charles Avenue from 30 to 100. It's existing because there's an 9 existing historic structure, so we can't really move that. 10 So here's the project site. On the left hand side is 11 what was previously approved, and then on the right hand side is 12 what's being proposed, with the minor modifications that are 13 being identified in -- on the right side of the screen. So we 14 have the removal of office space above the first level, as 15 requested by members of the community, removal of the fountain, 16 some removal of the trees based on a -- to allow better 17 circulation, and removal and expansion of some of the parking 18 spaces that's listed on the upper right hand corner. 19 And then we'll go into greater detail. Here, you can 20 see a side -by -side comparison in terms of square footages. The 21 previous design had a -- the parking garage component at 34,238. 22 It's been slightly reduced to 33,114 for a combined square 23 footage. And the theater component remains the same at 27,203, 24 and the existing historic structure remains the same at 4,750 25 square feet. U.S. Legal Support 1 www.uslegalsupport.com 10 to 13 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 Here is the general area of the green spaces. On the left is what was previously approved in green spaces that came before the board, and on the right is the re- -- revised design, which pretty much mirrors the same overall design. Here are the minor changes to the -- to the elevations. There's pretty much a change in stucco palette that has been -- as you can see from the previous design on the left, and the changes in stucco design and the additional canopies on the ground level that are being proposed. Previous design elements, the major change, again, is the color -- the color of the stucco, and the color of the screening. Those are the main changes that are being proposed. Before, it had, like, a green metallic screening for the garage; now it's more of a earth tone beige color that's being proposed for the garage. These are the project renderings of the playhouse. You're looking south along Main Highway -- or north along Main Highway, sorry. This is the revised design; pretty much remains the same. This is the western portion of the site. On the left side is what was previously approved with the office space above. The office space has since disappeared above the first floor, and it's all garage parking. It's screened through this new architectural screening. Page 16 1 submitted the necessary information to the Planning Department, 2 which demonstrates compliance with the guidelines and criteria 3 required for this type of permit, as specified in Miami 21 Code, 4 including Article 4, Table -- Article 4, table 12. Planning 5 comments were provided in ePlan pursuant to the coeprehensive 6 review of the application materials. A11 comments have been 7 addressed through the ePlan review process. The applicant 8 has -- was referred to the following departments, whose comments 9 and recommendations have been considered and are reflected in 10 the final decision on the staff report that's before you: Those 11 divisions were Art in Public Places, Environmental Resources, 12 Fire, Historic and Environmental Preservation, and Public Works 13 and Zoning. 14 So pursuant to Article 5, Section 5.7.2.4, and Article 15 7, Section 7.1.2.5D and 7.1.2.4D, the Miami 21 Code, as amended, 16 the Planning Department recommends approval with conditions of 17 the exception to allow for the restoration, expansion, and 18 master planning of the historically designated Coconut Grove 19 Playhouse, along with the four asso- -- the four exceptions and 20 the four associated waivers. 21 The following conditions, which I'll read into the 22 record, is the civic institutional development for the -- shall 23 be -- shall be substantially in accordance with the plans as 24 prepared and entitled Coconut Grove Playhouse PZAB Final 25 Submittal 02/06/2026, prepared by Arquitectonica and batch 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 This is the south portion looking east along Charles Avenue; some minor changes, as you can see. These are the major changes that have been -- again, that we spoke about, the screening component. Here, you can see an elevation that changes from the -- the metallic green to more of the beige component, the scoring of the white above the -- the theater portion to more of a, you know, beige khaki color has been changed. This is the previous rendering along the -- the pathways. This is the new revised design, which has more -- more pedestrian scale, a canopy to allow for outdoor dining, outdoor seating. So, here, you can see the before. All -- all -- the only thing that was pretty much added is the -- the canopy above and the change in the color screening. Again, the previous design versus the proposed design. Previous, again, with proposed. We're seeing the -- the canopies that have been added. Again, the previous design to allow greater circulation at the ground level between the theater and the historic structure. Again, the Planning Department recommends approval with conditions of the applicant's request for the five exceptions and the four associated waivers. This determination is based on the following analysis: The application [sic] has Page 17 1 stamped under PZ2520237, exception by the City of Miami. The 2 applicant shall comply with the requirements of all applicable 3 departments, agent -- agencies as part of the City of Miami's 4 building permit submittal process. Condition 3: The scope of 5 the work, including ground disturbance within the Archeological 6 Conservation Area, issuance of a certificate to dig required at 7 the time of building permit submittal. Applicant to include an 8 archeological letter of agreement from an archeologist agreeing 9 to monitor any ground -disturbing work. Further comments and 10 conditions may be applied upon receipt of the letter of the 11 agreement. Condition Number 4: Any tree -related activities, 12 including removals, relocations, pruning of roots or canopy, and 13 right-of-way activities shall require a tree permit. The 14 applicant shall comply with all applicable requirements pursuant 15 to Chapter 24 of the Miami -Dade County Code, entitled 16 Environmental Protection. 17 Condition Number 6: The development project shall 18 comply with Ordinance Number 13656, titled Art in Public Places 19 Programs, specifically Article 3, Section 3.16, and Article 11, 20 Section 11.7 of the Miami 21 Code, titled Art in Public Places, 21 and/or Section 2-11.15 of the Miami -Dade County Code of 22 Ordinances, titled Works of Art in Public Places, states, all 23 government development projects shall provide for the 24 acquisition of art equivalent in value to not less than 1 and a 25 half percent of the project cost of all government development U.S. Legal Support 1 www.uslegalsupport.com 14 to 17 Planning, Zoning and Appeals Board - May 6th, 2026 Page 18 1 projects. And, Condition Number 7, pursuant to Article 3, 2 Section 3.8.4.1, at thoroughfare intersections within the 3 building setbacks, visibility triangles shall be maintained to 4 include an area bounded by the first 25 feet along the 5 intersecting edges of the right-of-way or baseline, the project, 6 where rounded, and lines running across the lot and connecting 7 to the ends of such 25-foot lines under Article 4, Table 8 of 8 the Miami 21 Code. Addition of the required 25 9 thoroughfoot [sic] intersection visibility triangles to the site 10 plan and assurance that there are no visible obstructions 11 between a height of 2 and 10 within the visibility triangles as 12 subject to Public Works review as part of the City of Miami 13 building permit process. 14 And then B of that condition, at intersections of 15 driveways with thoroughfares with building setbacks, visibility 16 triangles shall be maintained to include an area bounded by the 17 first 10 feet along the intersecting edges of the base building 18 line and the driveway, projected where rounded, and lines 19 running across any of the intervening right-of-ways and the lots 20 in connecting to the ends of such 10 -- 10-foot lines. And then 21 I'll just jump to Condition Number 8. At the time of building 22 permit, revise Sheet A.1.1.1 to update the zoning data table to 23 reflect the required setbacks for the T3 area in accordance with 24 the NCD overlay regulations, as the project is located within 25 the overlay district. And then, Condition Number 9, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 MS. THOMAS: Good evening to the board. Thank you so much for having us here today. I'm -- MS. KETTERER: So, Chair, if I may, there is a request for an intervenor status. I don't know how you want to handle it, if you want to hear that now or if you would like the County to present first. CHAIR: I feel like we would normally have the County present first, and then hear the next thing, which would be intervenor status. MS. KETTERER: Okay. CHAIR: To make it -- yeah, I think that -- MS. KETTERER: Just wanted to make sure that you knew that that was coming and the board members knew. CHAIR: I did not, nope. MS. KETTERER: Okay. CHAIR: Okay. Great. Thanks. MS. KETTERER: Thank you. MS. THOMAS: All right. Thank you. And I did plug in the HDMI. CHAIR: Sorry, the -- that mic is a little -- MS. THOMAS: I'm sorry. CHAIR: -- not as good as this one. MS. THOMAS: Yeah, if you can -- there we go. One second, just making sure that presentation is up. Can you hear me -- there we ga. Hi, my name's Ashlee Thomas. I am the Page 19 1 applicant is required to comply with the 300-foot hydrant 2 distancing and spacing requirement. The fire department 3 connections must be no more than 100 feet away from the 4 associated fire hydrant. 5 And then, 10, any substantial modifications to the 6 approved plans as a result of the consequences of the 7 applicant's compliance with other departments or agencies or 8 code shall require new review for the approval confirmation from 9 the Planning Director in accordance with Article 7 of the Miami 10 21 Code. Condition Number 11: Pursuant to Miami 21 Code, 11 Section 7.1.2.6, an exception shall be valid for a period of 12 three years during which a building permit or certificate of use 13 must be obtained. This excludes a demolition or landscape 14 permit. A one-time extension for a period not to exceed an 15 additional year may be obtained and approved by the Planning 16 Director. Condition Number 12: failure to comply with the 17 conditions herein may result in the immediate revocation of this 18 exception and shall be subject to any fines and penalties 19 pursuant to City Code. And the final condition, the City 20 reserves the right to inspect the site to ensure compliance with 21 conditions as listed. 22 That pretty much concludes our presentation. I'm 23 available to address any specific questions regarding background 24 or the project overall. 25 CHAIR: Thank you. Page 21 1 interim director for the Miami -Dade County Department of 2 Cultural Affairs. Thank you to the board for having us here 3 today on the agenda. Also, thank you to the public for 4 attending. Thank you, Efren, for that presentation. 5 I have a very brief presentation to talk about the why 6 of those exceptions so that we can share with the board what 7 we're here to do, which is to bring, you know, great theater 8 back to the grove. But before I start, I would like to have 9 Assistant County Attorney Eddie Kirtley just join me to the -- 10 for a few remarks. 11 MR. KIRTLEY: Good evening, Mr. Chair and members of 12 the board, members of the public. Assistant County Attorney 13 Eddie Kirtley, with offices at 111 Northwest 1st Street, Miami, 14 Florida 33128. 15 You'll be hearing again from Ms. Thanks on -- on the 16 merits of the project -- sorry, is this better? 17 CHAIR: Yes. 18 MR. KIRTLEY: All right. Thank you very much. 19 You'll be hearing again from Ms. Thanks shortly on all 20 facets of the project, but I wanted to emphasize a few legal 21 points at the outset. As was mentioned in the staff report, our 22 other approval from 2018 unfortunately expired while we were 23 litigating our historic preservation permit, and we asked for 24 tolling to be recognized, essentially an extension, which the 25 City denied, and I just need to lodge for the record an U.S. Legal Support 1 www.uslegalsupport.com 18 to 21 Planning, Zoning and Appeals Board - May 6th, 2026 Page 22 1 objection to that, and I have the -- a copy of our letter that 2 we furnished that I will tender to the -- to the clerk. 3 Having said that, we are very happy to be back here 4 and to work with the City and this board to obtain the required 5 approvals. We have a new application that, as staff noted, is 6 virtually the same as the one approved in 2018, with some minor 7 modifications. And as you've heard from City staff, we do meet 8 the requirements of the code as we did previously, and we have 9 the positive recommendation that we appreciate. 10 I want to emphasize that these requests are needed to 11 return the playhouse and the theater use to the site. As this 12 par- -- parcel is zoned CI under the Miami 21 Code, a theater 13 use is permissible only if approved by exception. So for this 14 reason, anyone in the community that wants to see this site 15 reactivated with a theater should be supportive of this 16 particular zoning approval. 17 We do seek approvals for other uses on the site, and 18 we know that the community has strong feelings about some of 19 these uses, but we hope that tonight will provide some 20 additional clarity on -- on the other uses that will be 21 accompanying the theater there. These uses are driven either by 22 historic preservation concerns, pragmatic considerations, or 23 compliance with the Miami 21 Code. For example, for historic 24 preservation reasons, we're seeking the exception to permit the 25 commercial uses on the property, because the historic front Page 24 1 of the site, we cannot fit all of the code -required green space 2 onto the parcel while also accommodating the theater, the 3 parking garage, and the other uses. 4 I want to point out that over the years, some people 5 have said we should build a bigger theater on this site. But if 6 you have the bigger theater, that also means less green space. 7 It also means more parking is needed, which also means more 8 traffic and less green space. This project tries to strike a 9 balancing act, and we believe it does so well. 10 The waiver for impervious surf- -- surfaces as noted 11 along the front property line is a function of where the 12 historical front facade lies. We take it where we find it, and 13 it -- it lies on zero frontage, and this means that we need this 14 waiver for impervious pavement along that front property line. But elsewhere on the site, we are compliant with pervious requirements, and we are committed to appropriately satisfying stormwater requirements throughout the site. With that, I would thank you for your time, and we'll turn it back to Ms. Thomas. I would ask for a few minutes of rebuttal after the public. And I also will just note that, at the appropriate time, we do have an objection to the -- the intervenor request, and I'll -- I'll cane back for that. Thank you. 15 16 17 18 19 20 21 22 23 24 25 CHAIR: Sure. Thank you. MS. THOMAS: Thank you, Eddie. Let's just make sure Page 23 1 facade, that building, included small shop fronts during the 2 historical periods of the playhouse, and we want to make sure 3 those are restored. For the garage, people need a place to 4 park, and we are screening the garage so that it looks more 5 attractive and complies with the code, and that will include 6 some of the office uses as well. 7 The waivers are driven mostly by the constraints of 8 the site. This is an irregularly -shaped parcel, and we've 9 designed a plan that works to accommodate as many of the 10 interests as possible while working within the code. Paramount 11 to the County is having an economically viable theater on this 12 site and having appropriate parking for the theater and the 13 surrounding community, restoring historical shop fronts, and 14 having a place for theatergoers to eat, providing green space 15 for them, and landscaping for the public to enjoy, and ensuring 16 that the site respects its neighbors, particularly those in the 17 West Grove. 18 But accommodating all of these things requires a 19 delicate compromise. For example, we're seeking a waiver for 20 reduction from the code -required green space, but in reality, 21 we're upping the amount of green space and landscaping on the 22 site from what is there today and what has historically been 23 there. This has been, in large part, as you know, a paved 24 parking lot with a concrete building, and what we have now, 25 we're looking at adding green space. But given the constraints 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 25 that presentation comes back on. (Inaudible.) Thank you. A11 right. Thank you all. And I'll be very brief. It's not on the -- I don't know if you can see it up on your -- there we go. Thank you so much. So, again, my name's Ashlee Thomas. It's not showing, so I don't know if -- it's not our HDMI, but I'm just going to go forward with the presentation. I would like for them to be able to see it. I can try -- !inaudible). Okay. There we go. Okay. So much fun. Let's try that one more time. Thank you so much. A11 right. Thank you, tech. All right. Third times a charm. So my name is Ashlee Thomas. I am the interim director for the Miami -Dade County Department of Cultural Affairs, address 111 Northwest 1st Street, Miami, Florida 33127 -- 33128. So this evening, I'd just like to walk you through where we are with the Coconut Grove Playhouse restoration. Our goal remains the same, as I said, and I want to thank our County Attorney, as well as Efren for their presentation. Our goal is to bring great theater back to the grove while preserving the historic character of this culture landmark. Today's update will cover the progress to date, ongoing work, and what's caning 23 in Phase 2, and the regulatory steps tied to our Planning, 24 Zoning and Appeals Board application. 25 So as we continue Phase 1, we are moving forward as U.S. Legal Support 1 www .uslegalsupport.com 22 to 25 Planning, Zoning and Appeals Board - May 6th, 2026 Page 26 1 planned. We received our construction permit on April 15th, 2 2025, which allowed us to begin work on this project. Since 3 then, asbestos abatement has been completed, and the historic 4 architectural elements have been carefully removed, crated, and 5 stored to incorporate into the new theater. We've also carried 6 out shoring and selective demolition, all under archeological 7 monitoring to protect any historically significant materials on 8 the site. These steps set the groundwork for the structural 9 repairs that are now underway. 10 There's ongoing work, so as we progress into 11 uncovering layers of the building, we did find significant 12 deterioration in the front facade, which is that historic area. 13 It was much more extensive than originally visible, from 14 concrete spalling to missing or corroded reinforcing steel and 15 unreinforced masonry. It really needed urgent attention. We've 16 since then worked with our engineering team, prepared a detailed 17 repair plan, which the City reviewed and approved. We've 18 installed that additional bracing, which you see in the photo, 19 and if you drive by Main Highway, you've seen it as well. And 20 the stabilization work is actively underway to protect the 21 integrity of that historic gateway building. It's very 22 meticulous work, but very essential to the building's future. 23 So where we are in Phase 2, as Phase 1 continues, we 24 are laying the groundwork for that Phase 2. This next phase 25 will fully rehabilitate the historic gateway building and Page 28 1 Development Review Board, our certificate of appropriateness 2 from the Historic Environmental Preservation Board, and a 3 Chapter 267 review from the State of Florida. As it was 4 mentioned, the site's zoning is civic institutional, which means 5 that many of the uses and improvements we're proposing, it's 6 just -- it's absolutely required to go through an exception 7 process under the Miami 21 Code. Other regulatory items like 8 DERM requirements for permeability and drainage on the site, it 9 will be addressed during the permitting process, because there's 10 more permitting that comes after this. The plan does include 11 storm drainage to be addressed on the site to mitigate any 12 flooding to adjacent properties. 13 So what do those exceptions look like? I know Efren 14 showed you just down -- we're going to just show you on the site 15 what it looks like. We've color -coded it in this particular 16 slide. So as I mentioned before, it -- we had one exception 17 that would allow for the restoration, expansion, and master 18 planning of a historically designated site within a CI zone. 19 And based on consultation with the City staff, it was 20 recommended that we include four use -related exceptions. So we 21 just parsed out that one exception into four. So you'll see the 22 theater is our civic use in that kind of red -pink color that you 23 see. Office space is in that -- I'm sorry, office use is -- I'm 24 sorry, office, which is that -- that purple. Sorry, the colors 25 look different on the -- on the side. And then retail, food and Page 27 1 restore many of its original uses, as our County Attorney 2 mentioned, which included some boutique retail. We've also been 3 add -- will be adding the brand new state-of-the-art theater and 4 a parking garage built in partnership with the wonderful MPA, 5 that includes some food and beverage spaces and offices along 6 Main Highway, and a collection of public plazas, paseo, and 7 pocket park, and community spaces, which you can see in those 8 green areas. Altogether, Phase 2 will truly bring back what we 9 call the vitality and accessibility to the site while honoring 10 its history. 11 So the PZAB review process -- and I'm saying this -- I 12 know the board knows this, but for the public, you know, I just 13 want to remind everyone that it's one critical step in a larger 14 regulatory review process. It's important to note, as it's been 15 noted and reiterated, that this similar application was approved 16 in 2018 but did re- -- expire, and it required us to submit a 17 new application. The previous did include one exception. So 18 we've heard people go, why more exceptions and four waivers? 19 And the new application has five exceptions and four waivers, 20 but that was based on the City's recommendation and -- and 21 guidance, which I'll explain those -- with those images in -- in 22 the next slide. And I just want to just double down and say 23 that this has been a very rigorous process, a very long process 24 to get here, and each step of the way, we have received 25 approval. So we did get our approval from the City Urban Page 29 1 beverage, which you see in that blue area. And then the gray 2 area is the public parking. So these uses have always been a 3 part of the project from the onset and are truly essential to 4 sustaining a community -serving cultural campus. We're simply 5 adding the use -related exception to this current application at 6 the City's request. The commercial uses are in part for 7 restoring the original use to the historic gateway building, 8 providing the liner uses for the garage that's required by Miami 9 21 Code, and for providing supportive uses to the theater. 10 And I just have one more slide to talk about the 11 waivers. So we're also requesting those four waivers. So the 12 four waivers were included in the previous application. So the 13 first one that you see to the left is about allowable lot 14 coverage, which is basically speaking to actual building versus 15 open space. So we're asking for -- from 50 percent to 63 16 percent. It gives us a little bit more building to work with, 17 which accommodates that footprint needed for the playhouse 18 restoration and its supporting uses. On the right is the waiver 19 that's talking about green space, and it's decreasing the code 20 requirement. The request is to decrease the code requirement 21 from 30 percent to 14.9 percent. And as -- as our County 22 Attorney stated, you know, it just reflects the reality of 23 designing a functional plaza, open area, paseo, all of those 24 items on a constrained and a regular -shaped lot. You can see 25 that shape there. But I just want to rest assure to everyone U.S. Legal Support 1 www.uslegalsupport.com 26 to 29 Planning, Zoning and Appeals Board - May 6th, 2026 Page 30 1 that the green space will be maximized. We're proposing to 2 install 122 trees, where the code one requires 65. We have a 3 strong palette of native and Florida -friendly trees, and a 4 pocket park, which you can see in that back area on the northern 5 edge to provide a lush transition into the residential area. So 6 we're creating as many third spaces and community spaces to 7 gather. And some of the community input that we got over years 8 of this was that the historic grove should be connected to the 9 playhouse and not have a wall to have its back to it, so that 10 pocket park and that transition in there is a direct reflection 11 of community input. 12 And then the last two is about the driveway. So as it 13 was mentioned, we have -- our first is to increase our driveway 14 width from 10 feet to 30 feet to support safe and efficient 15 access to the garage. It'll still open to Main Highway, so 16 people will come in and out through Main Highway. Our goal with 17 that is it's just going to allow us to get people in and out. 18 So people don't want the congestion, so we want to make sure 19 that we are mitigating for any type of congestion that will be 20 there. But we -- the 30-foot will allow circulation for 21 actually three lanes, including a central lane that we can 22 adjust for different events. And then the last one to the right 23 I want to speak to, because it came up on quite a few threads 24 and boards was about allowing 100 percent impervious pavement 25 within the front setback. So I want to just show and highlight Page 32 1 First, I think we have intervenor -- 2 MS. KETTERER: Yes, there is a request -- 3 CHAIR: The request. 4 MS. KETTERER: -- for intervenor status, and if you 5 just -- do you want me to go through -- 6 CHAIR: I would -- 7 MS. KETTERER: -- you know, what an -- 8 CHAIR: The tests sort of -- 9 MS. KETTERER: -- intervenor is -- 10 CHAIR: -- what it is and how we will assess this 11 request as a board. 12 MS. KETTERER: Okay. So Article 7 of Miami 21 does 13 allow the request for an intervenor, and an intervenor is a 14 person whose interest in the proceeding are adversely affected 15 in a manner greater than those of the general public. So 16 that -- that's our definition, and that's the ultimate test. 17 And I'll -- I'll talk a little bit about what that means. 18 If somebody is granted intervenor status, they do have 19 the opportunity to make a presentation, conduct 20 cross-examination, and make final arguments in the order decided 21 by the Chair. So only the applicant, qualified intervenor 22 staff, and this body are entitled to -- to those things. The 23 onus is on the requester to indicate why they qualify as an 24 intervenor, and why their interests are adversely affected in a 25 manner greater than the general public. Page 31 1 that the only request is to the highlighted yellow area off of 2 Main and Charles. Those are the only areas; it's not the entire 3 site that we're requesting that for. And it's just really 4 necessary for the historic footprint. So in order to protect 5 that building, it falls within the setback, and so we need to be 6 able to protect it. So site drainage requirements will be met 7 within the front foot- -- footprint of the site, and so -- and 8 as I mentioned before, all four of those waivers were, you know, 9 included in our first application. 10 I just want to say thank you to the board, to the 11 public, everyone here, to the partners. This has been a long 12 time coming. I thought you saw that entire timeline, you know, 13 of what it's taken to get this project here. So we are honored 14 to be here again. I attended the Coconut Grove Playhouse as a 15 child, and so it's an honor to be a steward again. And I'd like 16 to think our co -- LCEC, FIU, GableStage as our nonprofit 17 organizer, MPA as our parking authority, Coconut Grove Bid, and 18 the Knight Foundation, who continue to support this. We have 19 our architects and our attorneys here as well if you have any 20 specific questions. So thank you so much for letting me share. 21 CHAIR: Thank you. 22 Okay. So that -- that's the end of the presentation? 23 MS. THOMAS: Yes, thank you. 24 CHAIR: Okay. Okay. Great. Thank you. 25 So we have a couple things we have to take up next. Page 33 1 A little bit of guidance. We typically rely on the 2 case of Renard versus Dade County, which further defines 3 standing as an individual having a definite interest in 4 exceeding the general interest of the community, shared and good 5 with all citizens. And then some criteria that courts consider 6 is the proximity of their property to the subject property, the 7 character of the neighborhood, including any covenants, setback 8 requirements, and the type of change that's being requested. 9 And the fact that the person received notice as a part of the 10 hearing is a -- is a consideration, but none of these alone 11 entitle somebody to intervenor status. It's really a 12 case -by -case basis as to how this person is affected more than 13 the general public. 14 So with that said, I -- I think it's appropriate to 15 let the -- the requester, you know, present evidence -- 16 CHAIR: Their case. 17 MS. KETTERER: -- as to why their client is entitled 18 to this. And, typically, you know, it's through testimony, 19 evidence, documents, et cetera. And then, of course, it -- it 20 seems like the County have -- may have an objection, so let them 21 put on their case as well. And I'm here for any questions. 22 CHAIR: Okay. So as we go, just a ground rule, I 23 think it would be fair, if there are objections in either case, 24 whether they're objecting, and then they're arguing, and then 25 you want to object, let's just let everyone make their U.S. Legal Support 1 www.uslegalsupport.com 30 to 33 Planning, Zoning and Appeals Board - May 6th, 2026 Page 34 1 objections as they come up, and we'll hear what they are and not 2 talk over each other so that they're on the record clearly, 3 okay? 4 Perfect. Thank you. Thank you for being here. 5 David Winker. I live at 2222 Southwest 17th Street in the city 6 of Miami. Thank you for your service. I was here last night 7 with the HEPB board until 11:30 at night, and it always reminds 8 me what you guys do and the service you do, so thank you. And 9 thank you, everyone, for being here. 10 I -- I don't see -- can I get my PowerPoint up? I 11 have it plugged in. 12 CHAIR: You know, while you're getting that set up, 13 I'm going to just -- would you go ahead and also address the 14 rules for Jennings disclosures so we can address that as well. 15 MS. KETTERER: Yeah, of course. So if there are any 16 members of the board that had any ex-parte communications, 17 meaning any communications with the County or any communications 18 even with the -- the intervenor in this case, if you would 19 disclose that, just the -- who you met with and generally what 20 was spoken about, that would remove the presumption of 21 prejudice, and you'll -- you'll be able to -- to vote with no 22 issues. So if -- if any board members have had those 23 communications, I guess now is the time to disclose. 24 CHAIR: Okay. 25 MS. KETTERER: And while we're waiting, that goes for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 CHAIR: Dc you -- do you need this to work? MR. WINKER: Yeah, I'd like to. I don't know why it's not. CHAIR: A11 right. Let's do five minutes now, and let's make sure that he can do his presentation. I don't want to have any issues with that. MR. WINKER: Thank you. (Off the record at 7:46 p.m.) (On the record at 7:51 p.m.) CHAIR: I would -- please, everyone, we have a -- I'm sure we're going to have a lot of public comment. This is your time that you are taking by not immediately sitting down and taking your seats. Yeah, exactly. We'd usually, like, play a terrible song or something. All right. But, seriously, let -- let -- we got to get this started. Mr. Winker, do you have your presentation going? All right. Good. MR. WINKER: Ready to go. CHAIR: A11 right. So can we -- can we just do sort of, like, a five minutes a side kind of thing; is that going to work? MR. WINKER: Yeah. CHAIR: Okay. Let's limit it to five minutes at most, okay? So if you have, you know, points, let's -- MR. COLLINS: So this -- this first -- Adam, this Page 35 1 any application; not this one, any quasi-judicial application. 2 I -- I say it in the beginning in my statement, but, you know, 3 just a reminder. 4 CHAIR: While we're -- real quick before we start -- 5 and then, also, when we're done with this portion, we're going 6 to take a five-minute break, and then we will do public comment, 7 okay? So -- 8 MR. WINKER: Perfect. Thank you for the opportunity. 9 Again, David Winker. I -- 10 CHAIR: And that mic is not as hot. 11 MR. WINKER: Say again. 12 CHAIR: Yeah, just -- (inaudible). 13 MR. WINKER: I represent Preserve the West Grove and a 14 number of residents that with -- live within 500 feet. They're 15 here, and before I have them testify as to their right to being 16 an intervenor and the facts that support them being an 17 intervenor, I wanted to go through a few facts to -- to give 18 some context for what they're going to testify to. 19 The -- don't know why it's not moving -- we had this 20 trouble last night also. 21 My residents are neighboring property owners who live 22 behind and within 500 feet of the property. They are affected 23 by what's happening here, which is the County converting civic 24 space to, in effect, a shopping mall. They have a number of 25 objections that were -- oh, sorry. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 first five minutes will be focused on whether or not they're intervenor. CHAIR: Right, so they're going to present the case as to why they should be granted intervenor status -- MR. COLLINS: And we will vote on that, and then -- CHAIR: There's going to be an objection that's going to -- a little bit of a case against, then we'll -- I don't -- do we need to -- is there public comment on intervenor status? MS. KETTERER: No. CHAIR: No, okay. So then we have to talk and ask questions to clarify if there's anything that needs clarification. We'll decide whether they're granted status. And then we'll do public comment, I think, on the item itself. And then I think at the end, everybody gets to talk. If they're intervenors, the intervenors will get to have some arguments and stuff -- MR. COLLINS: Okay. Thanks for clarifying. CHAIR: -- before we vote. Yeah. Okay. But we're going to limit this right now to five minutes a side, okay? MR. WINKER: A11 right. Perfect. CHAIR: Great. Let's go. MR. WINKER: I'll jump right into it. David Winker. We're here -- I represent residents who live within 500 feet of the proposed conversion of this site from civic space to a shopping mall. We're going to raise a number of issues through U.S. Legal Support 1 www.uslegalsupport.com 34 to 37 Planning, Zoning and Appeals Board - May 6th, 2026 Page 38 1 this, beginning with the County is not the owner of this 2 property. So we've got a unique case here where we are in a 3 position that's very unusual. We have the County developing a 4 commercial property. We're relying on the City to hold the 5 County accountable and follow the rules. Obviously, they're 6 here saying, we'd like to -- we'd like to get out of some of the 7 rules. And one of the rules we're going to start with is, on 8 your site, it says, authorize -- authorization to act as 9 required if you're not the property owner, and you have to have 10 a hold -- notarized hold harmless agreement. They don't have 11 that. These are the kind of things that we are going to be 12 bringing to the attention and dealing with. The City may not 13 have required it, because the County falsely states -- 14 CHAIR: Excuse me, Mr. -- Mr. Winker, I want to stay 15 precisely within the four corners of intervenor -- 16 MR. WINKER: I understand. 17 CHAIR: -- why are you -- 18 MR. WINKER: And I'll get to it; I just wanted to -- 19 CHAIR: -- an intervenor. 20 MR. WINKER: I just wanted to go through kind of the 21 points that they're going to raise -- 22 CHAIR: We don't have time -- 23 MR. WINKER: -- and how it affects -- 24 CHAIR: We don't have time to do that -- 25 MR. WINKER: Great. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 next door to subject property, and the negative effects are specific to the intervenors that are greater than the general interest and community well-being. Again, I'm happy to have them testify. I could bring perhaps a -- a few of them to come testify as to those effects so you'll have testimony on the record as to why they're uniquely affected. And I think I can do that within my five minutes, if you'd like. CHAIR: I think it would be reasonable to allow a representative that's with -- that was very clearly within, you know, maybe the closest resident to the site, or someone that's very close that -- MS. BERRIEN: My name's Courtney Berrien. I live at 3325 Charles Avenue. If it would be helpful, perhaps we could just have all the members of our group who are here raise their hands right now so you can see who is within 500 feet. Can you please raise your hand if you're a member of Preserve the West Grove and here tonight to speak. CHAIR: Very specifically within 500 feet. MS. BERRIEN: Residents within 500 feet, correct. Our organization consists only of residents who live within 500 feet. CHAIR: Okay. MS. BERRIEN: There are several other West Grove organizations that are here in support -- Page 39 1 CHAIR: -- let's just -- 2 MR. WINKER: So I'm going to get right to who the 3 intervenors are. They're residents who live within 500 feet of 4 the subject property. I presented a picture; they're the people 5 that live behind in the West Grove. 6 Miami 21 provides that an intervenor shall mean a 7 person whose interest in the proceeding are adversely affected 8 in a manner greater than those of the general public. 9 The City of Miami has case law that it was involved 10 with where it previously opined that an aggrieved party for 11 standing and zoning matters was a resident that lived within 500 12 feet of the property to challenge the proposed action. 13 My clients are ready to testify, and if you'd like, I 14 can identify who they are. But my clients are here to testify 15 as to the adverse effects that are unique to them. They have -- 16 have to do with traffic and congest- -- traffic and 17 transportation, noise and disturbance, environmental impacts, 18 commercial activity, property and economic effects. 19 They have an interest greater than the general public. 20 This is a mall being put into their backyard where it previously 21 was civic space. It's a big change, and it's going to affect 22 them, everything from traffic, to parking, to noise, to light, 23 to hours of operation. 24 In Florida Rock Property versus Kaiser, the Court 25 defined intervenors -- basic- -- it concluded, Intervenors live Page 41 1 CHAIR: Understood. 2 MS. BERRIEN: -- of us as well. 3 CHAIR: Sure, sure. But we're just -- 4 MS. BERRIEN: Uh-huh. 5 CHAIR: So are you going to speak as to why you are -- 6 MS. BERRIEN: So our -- 7 CHAIR: -- adversely affected? 8 MS. BERRIEN: Yes. So as our attorney stated, we're 9 very concerned about the change from this profit -- property 10 being a civic zone property with civic use to primarily a 11 commercial property, whether it's the restaurant, the many, many 12 thousands of square feet of commercial office space, or -- or 13 the -- the storefronts. We're most concerned with the access 14 that this property has to our streets. It is not -- there's not 15 a barrier to block the commercial activity that will be spilling 16 over into our neighborhoods, even though there has been a 17 barrier for decades; that will change. The commercial paseos, 18 as they're called, the lack of traffic mitigation study, these 19 are the things that we're very concerned about. 20 So we're not here to stop theater. We're not here to 21 stop the entire redevelopment of the property. We're here to 22 speak very specifically to the adverse effects that this 23 development, in its current form, will have on neighbors living 24 within 500 feet, and there are many that we are concerned about. 25 We're concerned about our pets, our children, our tranquillity U.S. Legal Support 1 www.uslegalsupport.com 38 to 41 Planning, Zoning and Appeals Board - May 6th, 2026 Page 42 1 of life, and we feel that these things could be very easily 2 addressed without significant change to the County's plan. But 3 we're asking that there be a -- an agreement that's binding in 4 place so that these things are -- are on the record. And I 5 think you'll find that what we have to ask is very reasonable. 6 CHAIR: Okay. Thank you. We'll come back probably 7 during public comment to discuss those types of things, but -- 8 MS. BERRIEN: Thank you. 9 CHAIR: All right. I -- I'm going to let these guys 10 go ahead. 11 MR. KIRTLEY: Thank you very much. Well, we do object 12 to the, you know, designation of intervenor status, but let me 13 tell you what we don't object to. We have no objection to 14 Mr. Winker making a presentation. You know, it's in the Chair's 15 discretion to allow individuals to -- to have more latitude in 16 speaking, and we -- we want everyone here to be heard, and we 17 have no problem with the presentation. It's just that 18 intervenor has a particular legal meaning, as your counsel has 19 said, and we do not believe that, on the facts presented, either 20 the association or its members meet that. 21 Particularly as to the testimony that you just heard 22 and some -- some of the things that Mr. Winker alluded to in his 23 argument, we think those are mischaracterizations of the request 24 themselves. The adverse effect has to be tied to actually what 25 the project would do, not to what someone believes it might do. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Okay. 20 MR. COLLINS: I mean, in my -- my thoughts would be 21 that you have intervenor status, an extended presentation, and 22 then members of the public can give their concise feedback, 23 and -- 24 25 he -- Page 44 us deliberate better and come back to them, if we think it's going to help, and keep it moving that way, then to -- we could abandon the intervenor hearing at this point if -- MR. WINKER: That sounds great. CHAIR: -- if you'd like to withdraw that, and if that satisfies your -- MR. WINKER: And I have a short -- my presentation will be a five-minute presentation, and then we can move right into public comment. CHAIR: All right. So we are going to -- you're withdrawing your request for intervenor, and you're just going to give your presentation, then we'll -- MR. WINKER: Well, I -- I actually would like you guys to -- I would like to get intervenor status, but -- CHAIR: Oh. MR. WINKER: -- but my participation, I -- I'm proffering it's going to be limited to a presentation. CHAIR: Now, that's different than what I was saying. CHAIR: You're saying if -- if we granted it, then Page 43 1 And so we don't believe that the -- the testimony lines up to 2 that. 3 So I won't belabor the point; I know you have a long 4 evening. But we do -- do want to preserve the objection to the 5 granting of the intervenor status with the understanding that, 6 you know, we want everyone to speak. 7 CHAIR: Mr. Winker, does -- does -- does something 8 like that meet your aims for this hearing? 9 MR. WINKER: Absolutely. So I would like to get 10 intervenor status, but it's going to be limited to the 11 presentation, and then some latitude on my clients. I -- I 12 don't have any -- 13 CHAIR: I would -- 14 MR. WINKER: I'm not going to cross-examine anybody -- 15 CHAIR: I'm just going to -- well, okay. So here's 16 the thing, if -- I don't have -- I don't have an issue -- you 17 know, I don't know how the board feels, but at least as far as 18 being chair, I don't have an issue, considering how important 19 the issue is that we're -- we're hearing, giving you all the 20 time you need to make a -- at least concise -- you know, we're 21 not going to -- but to get through a presentation. If you think 22 there's maybe some extra stuff that you put in there that you 23 could leave out, that'd be great, so that we could get to public 24 comment and allow, even as I have in the past, some from the 25 public who have some very specific salient points that can help Page 45 1 MR. COLLINS: Yeah, and then some latitude on the two 2 minutes per individual. 3 CHAIR: Right, that's what -- what I'm saying -- 4 MR. COLLINS: That's what we've done in the past. 5 CHAIR: -- if -- if you -- yes. Okay. Then that 6 wasn't what -- okay. So let's all talk about intervenor status. 7 Does anybody want to start? 8 Member Mann. 9 MR. MANN: Well, is -- if the criteria is living 10 within 500 feet and adversely affected, then we have to hear 11 about the adverse effects, because, obviously, they live within 12 500 feet. When this first came before us, I think we deferred 13 it back then. I think there was an issue with it. I think it 14 was in -- maybe in 20 -- early '25. We heard from people that 15 lived immediately behind this property, and they were pretty 16 unhappy with the fact that they were now going to have retail 17 stores right across the street from -- from their homes. That's 18 not what the grove is supposed to be about. So I was pretty 19 uncomfortable with that to start with. 20 So I -- I believe the intervenor status makes sense in 21 this case, because they're very obviously affected. So I -- 22 I -- I would -- I would grant it. I would vote to grant it. 23 CHAIR: I see. 24 MR. COLLINS: I would be in support of it, limited to 25 Mr. Winker solely, not every neighbor. U.S. Legal Support 1 www.uslegalsupport.com 42 to 45 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 CHAIR: Yeah, that's -- that's actually a good point. I mean, who are we granting intervenor status to? MS. KETTERER: The request is preserved the West Grove, so it -- it is the association. You know, typically, one person would represent them, in this case -- CHAIR: Right, so it would be their attorney. MS. KETTERER: -- their attorney, and -- and their attorney did indicate that he would -- you know, the presentation would be limited in -- in time. CHAIR: Okay. That's -- MS. KETTERER: I -- I did want to point out -- I know the 500 feet was mentioned, you know, in -- in case law and our code; it -- it's not 500 feet. The case law does say proximity, and it also refers to the -- those that received notice. You -- you might recall that we used to provide notice to -- to properties within 500 feet; now it's 300 feet. I'm not saying that, you know, 500 feet isn't -- isn't reasonable; I'm just Baying that, you know, the case law and our code does not refer to 500 feet, it just refers to proximity, and those that receive notice -- CHAIR: Sure. MS. KETTERER: -- as criteria. CHAIR: And I'll clarify that. When I brought up the 500 feet, I was doing that just to get an understanding of who was sort of in the radius. But, obviously -- Page 48 1 Okay. We have a few. Yeah. 2 MR. BAILEY: And a follow-up to that question, just 3 want to make sure that those residents collectively agree that 4 you should be represented on their behalf, all of those -- 5 019. WINKER: Correct, representing the association and 6 the individual residents that -- that are the members of the 7 association. 8 MR. BAILEY: And then a follow-up question for staff, 9 I wanted to know what work that you've done prior to now to kind 10 of mitigate some of their concern, such as the -- the rideshare 11 issue and things of that nature. 12 MR. KIRTLEY: Oh, okay. This is a question to our -- 13 to our County staff about the project, okay. Let me defer to 14 Ms. Thomas on that point. Okay. 15 And, Mr. Chair, can I just quickly say, on the 16 associational point, your counsel has pointed out that the 17 actual request that was submitted was for the Preserve the West 18 Grove Association, and under the law, the standard is a little 19 bit different than the individual members, right? So it's about 20 an injury to that association. So, again, I would just tender 21 for the record the objection to granting, you know, that 22 organization intervenor status, with the understanding that we 23 don't mind if they present. 24 CHAIR: Understood. 25 MS. KETTERER: If I could, I -- I do agree the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 MS. KETTERER: Chair -- CHAIR: -- there are a number -- just a second. A number of cases -- to be clear, there are a number of cases that define the outer and inner scope of intervenor, so anyway -- okay. So we're going to keep going down the line here. MR. BAILEY: I have a couple of questions. I guess my first question is, roughly how many residents live within that 500 feet, 300 feet, threshold? Do you know the number, Mr. Winker? MR. WINKER: The number of houses? MR. BAILEY: Yes. MR. WINKER: Guys? (Inaudible.) MR. KIRTLEY: Mr. Chair, after this, may I just ask -- MS. BERRIEN: So based on our count, there are 50 residential properties within 500 feet, and there are 36 people here tonight that reside in those properties. CHAIR: Okay. MS. BERRIEN: 36 households, I should say. CHAIR: Okay. And just to make it -- to tighten the radius a little bit so that we can really talk about, you know -- within the group that you represent, is there anyone here who was is an abutting -- or an abutting neighbor, literally abutting? MR. WINKER: I have abutting here. CHAIR: Or across -- directly across the street. Page 49 1 standard is a little bit different for associations of -- rather 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 than individuals. And, typically, the association is the aggrieved party, right? So how that association is aggrieved rather than the individual members. Now, the individual members, I guess, could be -- could contribute to that aggrieved association, but it is a little bit of a different standard. CHAIR: Right. When you say that, does that mean that, typically, it would be an association that would be a neighbor with an office next door or some kind of property interest, and that's why the -- so that they're an actual association asking for intervenor status because they are directly affected, and that, typically, an individual or a few individuals would come in and ask for intervenor status without the association layer? MS. KETTERER: Right. I -- yes. CHAIR: Does that -- MS. KETTERER: Because in that case, the association would be aggrieved, right? So how is this asso- -- particular association being aggrieved by this particular development? CHAIR: I think -- MR. WINKER: And -- and just -- I'm sorry, just to answer that question, we -- we -- the request is on behalf of the association and its members -- CHAIR: Right. MR. WINKER: -- and I'm happy to clar- -- like, we can U.S. Legal Support 1 www.uslegalsupport.com 46 to 49 Planning, Zoning and Appeals Board - May 6th, 2026 Page 50 1 make it -- 2 CHAIR: Right, one -- 3 NR. WINKER: -- entity (indiscernible) if that's 4 easier -- 5 CHAIR: Yeah, I think -- I think for this -- I think 6 this will go easier if we just pick a person and say, this 7 person is asking for intervenor status. Because I did remember 8 when you started the presentation, you said, and its members. 9 So if you're hedging or whatever, I'll buy that, so -- that's 10 me. But anyway -- okay. Next. 11 MS. THOMAS: Thank you so much. So -- so the question 12 about mitigating things like traffic, so, yes, we did speak with 13 the community on this. So we're working closely with the MPA to 14 work on geofencing for Uber. This was a question that came up, 15 Uber rides, to stop it coming into commercial -- or residential 16 intrusion for traffic. That waiver to expand our entrance into 17 the highway -- into our -- our parking, you know, lot allows us 18 to move traffic on and off of Main Highway and make sure that 19 the road doesn't get congested, we could get the cars in. 20 And I want to remind people, because they talked about 21 noise, it's a theater, so this -- it's not a club, it's not a 22 mall. There's a small number of boutiques that will be there, 23 but the theater, you know, usually finishes by 11:00, you know, 24 10:00 p.m., depending on the length of the show. And so things 25 will be wound -- wound down way before the midnight hour in Page 52 1 that an intervenor status at this particular point in time just 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 now. 21 CHAIR: Oh, sorry. 22 MS. KETI'ERER: I think his question was, is inter- -- 23 does intervenor, like, carry on through City Commission and 24 court. So the decision for intervenor is only for this hearing. 25 This is a final decision hearing. It is appealable to City seems counter to the -- the ability of this project to continue to be revised, improved, and move ahead. Thank you. MS. CAROLIS: Through the Chair, may I? CHAIR: Yes, please. MS. CAROLIS: I would like -- I'm in support of an intervenor status. I think that the -- what we're seeing here is that the association is made up of residents. So what we're seeing here is a representative, as I understand it. I'm not a legal person, that's not my background, but as I understand it, it's a representative person that speaks on behalf of the community and that represents them, so I don't see why we should oppose -- or I would. MR. BAILEY: Point of clarification, Mr. Chair. Is this for this proceeding or just -- is it for throughout -- if we -- if we vote for them to be -- have that status? CHAIR: We have to decide before we really get into public comment, and then make a vote on the actual item. MS. KETI'ERER: I -- I think I can answer his question Page 51 1 that -- in that case. 2 Another example of this, the community -- I actually 3 attended the meeting, and they asked about office spaces facing 4 their residential space, because the original design in our 5 garage had office spaces facing it. And based on their 6 feedback, office space has now been moved to Main Highway, and 7 that liner just covers the back side, so they're not looking at 8 an ugly, you know -- excuse me, MPA would never make anything 9 ugly, but they would not be looking at a parking garage, but 10 it'll have the liner. So we are listening to community. We are 11 taking input. We would love to meet with them more, but get -- 12 we end up in a little bit of litigation with that particular 13 group, but as soon as we, you know, complete any litigation, 14 we're happy to continue, you know, receiving any community input 15 that they may have. 16 CHAIR: Okay. Thank you. 17 MS. CARDOCH: Thank you. So I -- I actually quite 18 like the -- the way the gentleman from the County pla- -- stated 19 that there is an opportunity for a lot of public exchange and 20 public comment, but this issue of an intervenor status does add 21 a layer of legal wrinkle that I'm not sure that we would want 22 for a project that has had so many years of public engagement. 23 And we've heard the County say they are considering and -- well, 24 more than just considering, but taking into account the 25 neighborhood feedback. And so as such, I just want to state Page 53 1 Commission. So it is only for this hearing. Now, could 2 somebody, you know, use that -- use the decision of this board 3 and the reasons as support for intervenor at another stage or 4 standing at another stage, yes, but it is limited to this 5 hearing. And, you know, also, this is the final decision, so 6 anything is appealable de novo to City Commission. 7 MS. CARDOCH: Then point of clarification, we've 8 stated very clearly that everyone here would be able to state 9 their concerns. I'm not sure why we have to have a legal layer 10 on top of that when we've -- we're able to hear their concerns, 11 give the feedback, and continue to move ahead with the item. 12 CHAIR: Yeah. 13 MR. PATINKIN: If I may, Chair. I -- I tend to agree 14 with our -- with our board member here that having additional 15 legal framework here in front of this board is -- is not 16 necessary. We -- we've heard the comments, we understand who 17 he's representing, and -- and what is being presented to the 18 board. I don't think we need to bog ourselves down in potential 19 kind of litigation findings and other unnecessary bureaucracy. 20 CHAIR: Good point. 21 MR. BAILEY: Mr. Chair? 22 CHAIR: Yes. 23 MR. BAILEY: My -- my only possible concern. Like, I 24 do understand, like, we will allow the public to have a comment, 25 but they only have one comment. If this truly impacts them, I U.S. Legal Support 1 www.uslegalsupport.com 50 to 53 Planning, Zoning and Appeals Board - May 6th, 2026 Page 54 1 just want to make sure that they have the ability to possibly be 2 maybe more than just your quick -- 3 CHAIR: Okay. Well, that's a -- that's a good point 4 too. I think if it's -- if it's about today, I've already 5 stated that we will make sure that, you know, all novel points 6 that are -- that are on topic, whatever we're discussing, will 7 be heard. 9Je can -- you know, we can ask the public additional 8 questions. We'll give a little leeway. I think, you know, 9 the -- the counter -- because I -- I -- my intuition, like some 10 of my fellow board members, would be to say that the houses 11 directly behind the sort of expanded idea of what this site will 12 be moving on into the future could be considered intervenors, 13 because they would be impacted. 14 The -- you know, some of the criteria from some of the 15 cases about types of change -- I took -- you know, I'm just 16 looking at my notes, but, you know, the -- the types of changes 17 and things like that -- you know, I've been here for a number of 18 these hearings, the -- the -- you know, Member Bailey, the 19 timeline should tell you that everyone has been engaged for a 20 long period of time. On one hand, I think as many people might 21 not have shown up if they felt that -- you know, and this is in 22 favor of intervenor, if they felt that they were heard along the 23 way, there might not be as many people here is what is going 24 through my mind. 25 On the other hand, seeing substantial changes to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 it because of this, it's just -- that's never going to happen. And at least we as the board can hear there's a reason it's never going to happen, or, oh, yeah, that wasn't oversight, we could actually take this back one more time to the architects and -- and planners and whatever and -- and -- or change this or add more of this. So -- yeah, I don't know. I don't know what -- MS. CARDOCH: So -- MR. WINKER: Mr. Chair -- CHAIR: Anybody want to -- yeah. MS. CARDOCH: Yeah. So I feel like I'm hearing enthusiastic support to, we'll stay here as late as we need to stay here, we'll hear everyone. I think -- I think that's what I'm hearing from -- from the board. And so I -- I think we're at a point of making a motion to deny intervenor status and accept all the public continents that need to come from the community. So that's the motion. CHAIR: Motion. Is there a second? (Inaudible.) CHAIR: There's a motion and a second. So this is a motion to deny. MR. MANN: Through the Chair, before I could vote on that, I'd like to know what benefit would the intervenor receive if we granted him that status. Because if it doesn't go beyond this board today, what does he gain today? Can -- can somebody Page 55 1 project, and some of these requests -- I understand there could 2 be skepticism about this, but hearing, you know, what we hear 3 all the time on the board, I see where the genesis of some of 4 these requests could come from changes that were made from 5 adapting some of the recommendations from the neighbors that 6 they felt, I guess, could be made part of the project. In other 7 words, I'm not sure how much more after -- what is it -- 15, 20 8 years of conversation is going to get adopted, you know, sort 9 of, like, the beginning of the end here for -- for this project. 10 The rear of the building's been demolished, construction's going 11 to start, and, you know, so -- I'm -- I understand why. And, to 12 me, it's persuasive that the amount of people that are here 13 still to show up want to be heard. 14 But I'm not -- I'm not clear -- if there was nobody 15 here applying for intervenor status, I still believe a lot of 16 people would be here showing up, having something to say, and 17 that we would definitely take very seriously points made that -- 18 and -- and -- and actually facilitate conversations here on the 19 floor because of how public we want to make sure this process 20 is. Like, you know, it's one thing for the -- for the public to 21 come in and say, we -- we haven't been heard or we have been 22 heard, and for the applicants to come in and say, well, we 23 adopted everything they said -- and it's a totally different 24 thing to have someone here say, look, we really asked for this 25 thing, and you guys to say, well, yeah, you did, but we can't do Page 57 1 from staff tell me that? 2 MS. KETI'ERER: So the benefit of an intervenor status 3 during this hearing is that they have the ability to present, 4 cross-examine, present evidence, and they're -- they're 5 considered a party going forward. Because an appeal is de novo, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that doesn't necessarily carry on to City Commission or to court. And it can be challenged at City Commission. It can be challenged in court. So, you know, insofar as -- as they do get benefits in this meeting, they don't necessarily carry on. Like I said before, I guess somebody could use the -- the continents and the decision here as support for or against intervenor status, but, you know, the -- the decision to City Commission -- I'm sorry, the appeal to City Commission is de novo, it's -- it's -- which basically means you consider everything anew, any new evidence, you reconsider the entire thing, so -- MR. MANN: So would you agree that -- that -- if he has to appeal it, if this has to be appealed to the commission, would the -- would the group seeking intervenor status have a stronger position at commission, having been granted intervenor status here at this level or not; would it make no difference at all? MS. KETTERER: Not necessarily, because it's -- it's de novo, it's a totally new decision, new hearing, new everything, even on -- on -- MR. MANN: So there -- so there'd be no benefit U.S. Legal Support 1 www.uslegalsupport.com 54 to 57 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 58 carrying forward? MR. KIRTLEY: Mr. Chair -- CHAIR: Can -- sorry. To the extent that the commissioners individually, in their minds, could consider it to the extent that Mr. Winker, if he's there and was granted at this hearing wanted to get up and say that we were granted in the -- at PZAB, that he could, and the commission could entertain it, because the whole idea of the de novo review is that the commission gets to just kind of hear everything again. They could also regrant or they could just consider the weight of the granting from the prior hearing and not want to do -- not -- but still not want to give intervenor status, basically say the same thing that some people are saying here, which is, look, we'll hear you, we'll hear everybody, but we're not -- we're just not going to do that hearing, and we're not going to -- MR. MANN: Thank you. I -- I just feel that par- -- particularly the people abutting this property, they're going to be looking at quite a big garage and stores and a lot more traffic -- CHAIR: So we -- MR. MANN: -- they should have all the protections that we can give them. CHAIR: Okay. So we have a motion and the second. Go ahead. Page 60 1 CLERK: Thank you. 2 Calling Member Chris Collins. 3 MR. COLLINS: Yes. 4 CLERK: Thank you. 5 Calling Maria Paula De Carolis. 6 MS. CAROLIS: No. 7 CLERK: Thank you. 8 Calling Member Eduardo Fernandez. 9 MR. FERNANDEZ: Yes. 10 CLERK: Thank you. 11 Calling Member Paul Mann. 12 MR. MANN: No. 13 CLERK: Thank you. 14 Calling Member Elon Metoyer. 15 MR. METOYER: Yes. 16 CLERK: Thank you. 17 Calling Chair Adam Gersten. 18 CHAIR: Yes. 19 CLERK: Thank you. 20 And also calling Member Mario Bailey, I do apologize. 21 MR. BAILEY: Yes. 22 CLERK: Sorry, sir. 23 Okay. This passes by a vote of seven to two. 24 CHAIR: Okay. So, Mr. Winker, would you please make 25 your -- do you want to make your presentation now? Page 59 1 MR. KIRTLEY: I -- I -- I was going to say something 2 along the lines that you said, Mr. Chair, just that there may 3 be -- you know, having established it here, you know, that may 4 be an argument that someone would use in a future proceeding, 5 whether before the City Commission or in court. And so it's a 6 legal objection. Again, we don't object to anyone having the -- 7 the rights to present and as much time as this board is willing 8 to give them. 9 CHAIR: Thank you. Okay. 10 MR. BAILEY: I'd like to make an amendment to the 11 motion, at the very end of the conclusion of all the public 12 comments, we allow Mr. Winker to just go and present one more 13 time if there is any other additional information. 14 CHAIR: Yeah. 15 CLERK: The amendment's accepted. 16 MS. KETTERER: And the seconder -- the seconder, does 17 he agree with that amendment? 18 Inaudible.) 19 CHAIR: Okay. So we have a motion and a second. 20 CLERK: Sorry. Calling Ms. Lynette -- Member 21 Lynette Cardoch. 22 MS. CARDOCH: Yes. 23 CLERK: Thank you. 24 Calling Member Joshua Patinkin. 25 MR. PATINKIN: Yes, in favor of denial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 MR. WINKER: That'd be great. CHAIR: Yeah. Okay. Go ahead. MR. WINKER: Great. Thank you so much, everybody. Appreciate your time and consideration. I have about a five-minute presentation, and we'll turn it over to public comment. CHAIR: Great. Thank you. MR. WINKER: I think it's important to have the context for this. There's a saying, you can't fight city hall, and this is a unique circumstance. Who's here who are fighting at city hall is the County, right? It's a government entity engaging in a commercial exercise, right? They want to convert this property into what we call a shopping mall, CocoWalk 2. And that raises a number of concerns that we're going to go through. One of the concerns is, it's always been an interesting fact about this that the County doesn't own the playhouse. The playhouse is owned by the State of Florida; they're just a lessee. And so one of the procedural issues that I have is that the City requires that -- we call it a power of attorney in layman's terms, but you -- you can't just show up as a lessee of a property, you have to -- as a lessee, you have the owner's permission, usually in the form of an authorization to act and a hold harmless signed by the owner. They don't have that. So I wanted to put that on the record, that the City has U.S. Legal Support 1 www.uslegalsupport.com 58 to 61 Planning, Zoning and Appeals Board - May 6th, 2026 Page 62 1 not complied with its own rules in requiring them to get that 2 owners authorization. It's -- part of the reason is, you can 3 see on the screen, in its application, the County does not put 4 the owner. They say they're the owner; that's not an accurate 5 statement, obviously. 6 The nature of the appeal. Specially affected 7 neighbors. It's a challenge of approval of waivers and 8 exceptions. We're requesting that the decision of the City be 9 reversed. 10 The County is asking for waivers to increase lot 11 coverage 50 percent to 62 percent. Reduce required green space 12 from 30 percent to 14.9, cutting green space in half. We're 13 very upset about that. Increase driveway width from 10 foot to 14 30 foot. Again, we find that offensive. Allow pavement in 15 front of setbacks to increase from 30 percent to 100 percent. 16 The four exceptions are asking to be -- take civic 17 space and allow office and commercial use of that space. This 18 should remain civic space. 19 Sorry, I'm passing the -- my clients will go through 20 the adverse effects. 21 You're going to find that there's no competent sub- -- 22 substantial evidence to support -- there's no factual support to 23 conclude the conclusory findings that the City made approving 24 this. Why do I say that? Let's start with a traffic study. 25 Article 7, Section 7.1.2.6B4 provides, and a traffic Page 64 1 character. 2 Again, you're going to hear them talk about traffic 3 and transportation, noise and disturbance, environmental 4 impacts, commercial activity affecting their quality of life and 5 the property and economic effects. 6 What they're asking for exceeds the minimum necessary 7 requirements, which is what's set forth in the purposes section 8 of the intent section of Miami 21. This is multiple compounded 9 deviations. 10 Again, they fail to apply that -- the City has failed 11 to apply the proper criteria and does not provide the findings. 12 You're going to hear neighbor objections, and we ask 13 that you say no to the increased lot coverage, no to the reduced 14 green space, no to the increased driveway, and no to the 15 impervious -- impermeable pavement that goes along with this. 16 And we don't want the retail. The retail is being 17 mischaracterized as, oh, we want to have a few gift shops like 18 it used to have; this is major. You're going to hear the 19 numbers. It's a major amount of retail space, bars, 20 restaurants, that's going to affect these neighbors, and we 21 would ask that you deny that and make them go back to the 22 drawing board. 23 And then the last thing you're going to hear is there 24 has been no outreach. There has been no input. There has been 25 no effort to listen to this community, to incorporate their Page 63 1 study shall be provided as required by the planning director. 2 You're going to hear a lot -- this is going to affect this 3 neighborhood terribly. And for some reason, the planning 4 director says, I've reviewed it, and no traffic study's 5 required. I can't remember the last time I was involved in 6 something of this scale where there wasn't a traffic study. 7 There's no hardship. This is a self-created condition 8 of their own design. Reasonable development is possible. The 9 fact that they want to make more money, right, which is, again, 10 weird to say, the County wants to maximize profit. That's not 11 hardship. 12 A further example is Section 7.1.2.634, where -- this 13 is -- this is from the -- the staff report. The review shall 14 consider the manner in which the proposed use will operate given 15 the specific location and proximity to less intense uses. The 16 City concludes that it needs to be open to the back. You're 17 going to hear residents saying they don't want that, they don't 18 want this commercial activity feeding into their neighborhood. 19 You're going to hear them talk about how they've been fighting 20 intrusion onto Charles Avenue of commercial activity, and here's 21 their own County bringing this back, putting this back in, not 22 listening to what they want, which is a barrier to stop this 23 from happening. 24 These activities, these commercial activities, are out 25 of scale with the neighboring property, and it undermines the Page 65 1 concerns. You're going to hear it from the residents 2 themselves. Thank you so much. 3 CHAIR: Thank you very much. 4 Okay. We're going to, for now, just keep it at two 5 minutes, as it normally is per person. No, no, no, for the 6 public comments, right? And then we'll see where we are once 7 we're done with that. 8 MR. CRUZ: Good evening, board members. Elvis Cruz, 9 631 Northeast 57th Street. I've seen this movie many times 10 before. Rather than design their project to fit the rules, the 11 developer wants you to bend the rules to fit their project. 12 What is especially troubling about this situation is that the 13 development here is the government. Not even the government 14 wants to follow government rules. Rather than asking for 15 exceptions and waivers to the law, the County should be setting 16 a good example by complying with the law. The new edition is 17 ultra -modern boxitecture that is incongruent and incompatible 18 with the historic architecture of the playhouse. Please do not 19 allow the exceptions and waivers. 20 Lastly, I find it deeply disturbing that our County 21 government objected to and actively opposed our City residents 22 having intervenor status in this process. Intervenor status 23 should be automatically determined by objective criteria, not a 24 mini -trial within a public hearing and a discretionary 25 subjective decision. Denying intervenor status here was U.S. Legal Support 1 www.uslegalsupport.com 62 to 65 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 66 essentially a denial of due process. You spent a half hour to turn down the intervenors. It's very easy to deny legal standing as long as it's someone else's legal standing. Thank you. NR. ABRAMS: How about a voice -- oh, I'm sorry. MR. VINCIGUERRA: Good afternoon. Anthony Vinciguerra from 3325 Charles Avenue. I'm one of the board members of Preserve -- Preserve the West Grove. And so with your permission, I was asked to frame the discussion for the residents living within 500 feet. I might be a little bit more than two minutes, but they've asked me to present an overview of the organization's concerns, and then we'll hear more briefly from residents contesting the concerns. Would that be okay? CHAIR: Yeah, as long as it's different than what Mr. Winker presented. MR. VINCIGUERRA: It is, yes. CHAIR: Okay. MR. VINCIGUERRA: So thanks again. Anthony Vinciguerra and Charles Avenue. I think as we all know, West Coconut Grove is one of the most historic communities in the state of Florida. It's the first area where people of African descent could own their own property in the state of Florida. It's for that reason that Charles Avenue is designated a historic street by the City of Miami. These Bahamian residents, many whose rep- -- have Page 68 1 of ongoing commercial encroachment in Village West. It's a T3R 2 residential community. However, first of all, the storehouse 3 itself was turned commercial. There was seven lots in Village 4 West turned commercial for a hotel. There's been lots on Thomas 5 Avenue that have been turned commercial. There's other lots 6 farther down on Thomas turned commercial. There's been 7 commercial in the center of the community. And now another 8 major development with commercial encroachment going right into 9 Village West. This is just really important context for why 10 people are so upset about this. We all know the Center Grove is 11 extremely expensive, but that doesn't mean that this historic 12 residential community needs to be commercialized too. 13 Moving ahead, I'll move quickly through this, these 14 are all T3R residential properties. These are the people that 15 are in our organization, who formed the organization 16 specifically so we could challenge this commercial encroachment. 17 And this would be commercialization directly abutting our 18 properties. 19 These are the designs that we've seen. This is the 20 most recent plan that went before you today. And this is what 21 the commercial would look like. This is opening directly onto 22 Charles Avenue, one of the most historic streets of African 23 descent in the city of Miami. 24 There's no traffic plan presented; however, the only 25 designs show increased traffic. This is a commercial paseo Page 67 1 family representatives here today, helped build Coconut Grove, 2 helped build the first village in the city of Miami. 3 That's why the City of Miami designated West Coconut 4 Grove as a neighborhood conservation district, an NCD2, and as 5 the City says in its own documents, to preserve the incomparable 6 legacy of the Afro -Bahamian residents. This is a really 7 important community. It's for this reason that there's all 8 sorts of protections, architectural guidelines, there are 9 restrictions about development in Village West because of its 10 importance. This is a really important community. There is 11 design guidelines. There's restoration of some of the historic 12 houses. 13 This is my house. It was one of the first homes built 14 in the community. 15 Wikipedia has a whole site about the conch houses in 16 Village West. However, unfortunately, there's a context here. 17 Village West has been getting demolished step by step. The 18 historic homes have been taken out, and despite the fact that 19 they're not allowed by law, there's been sugar cubes replacing 20 them in places like Charles Avenue, even though they're not 21 supposed to be allowed. There's been years of people in Village 22 West speaking out against this, about the gentrification and the 23 destruction of this historic community. That's a really 24 important context for the discussion we're having today. 25 When the playhouse was presented, it's in the context 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 opening directly onto William Avenue, a residential community that does not want commercial prop- -- commercial stores and restaurants opening directly into them. The City says that this is reuniting Village West; but residency, this is just exploiting Village West to get more commercial frontage, that's the truth. These are the drawings. Again, this is commercialization of a historically residential community opening directly onto it. Historically, Village West was segregated, we all know that, by barbed wire, but you don't make it right by shoving commercial into a quiet residential community. That's the fact. And so we really don't believe this commercial encroachment into our historic community is what is just or is what's the best use of a public- -- publicly owned civic zoned property. That's the context for everyone being here today, and why we're so upset. We've been working on this for years. Even the Charles Ave. historic marker, the marker showing the first street where people of African descent could own property in the state of Florida has been taken down by the City. The garbage entrance is placed where the Charles Ave. historic marker is. This shows you the level of concern that's been shown to the historic community, and there's no clear indication of the plans for it being restored or any of the other history in the community. U.S. Legal Support 1 www.uslegalsupport.com 66 to 69 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 70 We've had to deal with garbage being -- blowing down our street. This is just one video of what we see happening in the dem- -- demolition process. This is what we've been experiencing so far. That's a family with waste from the playhouse running down historic Charles Avenue as they walk down by it. These are the construction trucks that have been parking on Charles Avenue, a historically designated thoroughfare in one of the oldest black communities in the state of Florida. Up and down our street during the demolition process. We've repeatedly reached out to the City to address this issue; no response. Can you imagine why we're worried about traffic? This is just up to date. Parking heavy machinery on this heavy street has been happening during just the demolition process, with no response from the City. We've been doing everything we can to engage the County in this matter. We've got emails going back three years with no meaningful engagement from the County and these concerns. We all know that this development is not by right. It takes an exception to put this kind of commercial on a publicly owned civic -zoned property, particularly one that abuts such a historic community. This is not development by right; this is Page 72 1 earlier -- is a beautiful coral wall with beautiful trees 2 protecting that T3R property from the commercialization of Main 3 Highway. Why can't Village West have the same? That's all 4 we're asking for, for protection. 5 Finally, integration with the community. This is a 6 criteria for you to say yes to this, that it's integrating with 7 the nature of the community. There's been little to no work 8 with the community to integrate with the historic elements of 9 Village West, and no benefits for the community. We do not know 10 how the City can claim that this integrates with the local 11 community when even the historic markers have been taken down 12 with no plan for them being restored. 13 So how can this be possible, and how can a city be -- 14 an exemption be granted without addressing these concerns? So 15 I'll tell you very quickly, and I'll end here. We've worked for 16 years on this. Every major West Coconut Grove organization is 17 represented here today, representing not only residents within 18 500 feet, but all of Village West, the churches, the residents, 19 historic community organizations, and we are unified in this 20 issue. We'll be presenting to you position statements from 21 every organization, and we're calling on just these five changes 22 that we believe can be addressed and reasonable. 23 First of all, no commercial intrusion into Village 24 West and a focus on cultural uses. We want a tree -lined coral 25 barrier protecting Village West from the commercial intrusion. Page 71 1 development only by exception. 2 And we have concerns, like Mr. Winker explained. I 3 won't go through this; I won't belabor the point. But first of 4 all, the first issue, the City says, this is proper use of a 5 commercial property. It is over 35,000 square feet of 6 commercial and a 21,000-square-foot theater. 35,000 square feet 7 of commercial is a higher number than 21,000 square foot 8 theater. It's primarily commercial is the truth. That's 9 improper, we believe, on a publicly -owned property without 10 serious mitigation for the neighborhood next to it. Miami 21 11 says a civic -owned property needs to be primarily for cultural 12 purposes. But, again, the proposal puts more commercial space 13 than even there's space for the theater. 14 Secondly, no traffic mitigation plan; Mr. Winker 15 already brought this up. We think it's unfathomable that this 16 is going ahead without a study or without serious mitigation for 17 the construction process and the operations of the theater. We 18 find that totally unacceptable and shocking that the City even 19 got to this point. 20 Thirdly, the City claims that they've made -- worked 21 with the community to address our concerns; that's absolutely 22 not true. We've been very clear that the community wants a 23 coral -lined, tree -lined barrier to protect it from this. Across 24 from the playhouse, in front of Camp Biscayne Abitare -- we all 25 know we -- we had some friends from Camp Biscayne here Page 73 1 We think that's reasonable, just like is offered to Camp 2 Biscayne at Abitare and Main Highway. Second of all, a clear 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 community. There's beautiful walking paths. There's historic 20 markers. Why is the oldest black community in the state of 21 Florida not valued in the same way? That's really the core 22 question. Not only is there no integration, there's no plan 23 presented, and we've been asking this for years with no changes. 24 We believe these minor things could be given -- keeping with the 25 plans. traffic mitigation plan. We think this is so reasonable, and how is it going ahead without that is shocking to us. Third of all, this building historically seg- -- was segregated. There should be benefits for Village West residents. There should be hiring priorities for Village West, which is possible and has happened on other County -run projects, to support Village West residents, along with opportunities for Village West businesses to access those commercial spaces at lower rents. Finally, access for Village -- historic -- historic Village West churches, discount prices, programs for youth. It's very unclear; none of that is spelled out clearly in this proposal as it stands. And, finally, integration with the historic landmarks. As I said, Charles Avenue is one of the most historic streets in the state of Florida. There is no plan for this connecting -- if you go to the Broward Playhouse, if anyone's been there, you know it's connected also to historic U.S. Legal Support 1 www.uslegalsupport.com 70 to 73 Planning, Zoning and Appeals Board - May 6th, 2026 Page 74 1 I will wrap up here. This is just a small sampling of 2 the petitions in red. These are residents who have all signed 3 onto objecting the plan as it stands. This is the letter which 4 we'll present to you in a minute, signed by the major Village 5 West community organizations. And we just really ask you, 6 please, to vote no on this until these concerns are met. 7 They're reasonable, and we think -- we think theater can return 8 to Village West, but not until these concerns are met. Thank 9 you so much for your time. 10 CHAIR: Thank you very -- thank you very much. 11 Yes, please. 12 MR. ABRAMS: Hi. Good evening. I'm Marc Abrams. I'm 13 a resident of Coconut Grove, 2811 South Bayshore Drive. I'm 14 surrounded by construction towers and density issues year by 15 year since I moved here six years ago. And I'm also vice chair 16 of the board at GableStage. We are one of the three legs in 17 this master development project. We are the theater, and we are 18 the entity that is obligated to serve the public. And let's 19 take a step back for a second. 20 I'm happy to hear micro local concerns; they all 21 deserve consideration. But this body, just like GableStage, is 22 obligated to the public in general, and that obligation requires 23 us to consider things other than local neighborhood concerns. 24 Coconut Grove has been a cultural desert for almost 20 years 25 now. I've been watching proceedings before this body since I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76 CHAIR: -- a -- a -- he's part of this conversation, and -- and -- and I'm going to let -- I gave someone else a lot of extra time, he's asking for a little extra time, and I'm going give it to him. WR. ABRAMS: Please. CHAIR: So -- MR. ABRAMS: It's been a -- CLERK: Chair, may I pose a question -- CHAIR: And also -- CLERK: Is there a certain amount of extra time? MR. ABRAMS: Well, whoever that last fellow was, I'll -- CHAIR: Here's -- here's what I'd like -- like to make clear, for right now, we had someone representing an organization, another person representing an organization, another person representing an organization. For the individuals, we're going to keep it at two minutes for now, as I mentioned at the top of the meeting. I will cane back to folks with questions or -- or ask you for clarification. The main thing is we -- like what happened after this presentation, which was a very clear presentation, even though it was long, was that we were able to get five points, five things. Five things that are requests from the County and the City, something that we can discuss when we have to vote. So the goal here is, yes, everyone should be heard. I Page 75 1 moved here six years ago. I was here in March of 2023 when the 2 house of cards was yet again knocked down over micro issues, 3 then dealing with historic preservation, now it's the local 4 neighborhood, it's even a smaller group of people. But the 5 common good that we are obligated to serve as a not -for -profit, 6 just as you are as the supervisors of zoning in this city, and 7 just like Miami -Dade County is with respect to 3 and a half to 4 8 million people requires us to look at what is actually happening 9 here and not recharacterize it falsely as a commercial 10 development. 11 We all need parking in Coconut Grove. There's nowhere 12 in the park; has anyone noticed that? When I moved here, the 13 garage at Pan American Drive, right next to this building 14 opened, and it was a massive benefit for me. $100 a month to 15 park and walk to my condominium and not the $500 I was paying in 16 New York City. And is that a commercial development because my 17 drug store's there, because a -- a -- a gym is there? No. It's 18 a public purpose use just like this garage. 19 Now, I need a little more time because everyone's been 20 over this bell. You know what -- 21 CHAIR: I'm sorry -- 22 MR. ABRAMS: I -- I'm -- I'm -- 23 CHAIR: -- sorry, sorry, can I -- just -- just give -- 24 give me a second here. Give me a second. He represents -- 25 MR. ABRAMS: I am a party in interest. Page 77 1 want everyone to be heard. We all want everyone to be heard. 2 But we also, eventually, are going to have to vote on something. 3 And so the sooner you can get us to the thing you are asking for 4 specifically, we move on to the next person, and then we have a 5 whole list of stuff that we get to talk about that's -- that's, 6 you know, easy to talk about -- well, hard to decide, but easy 7 to talk about. So that's the goal. 8 I'm going to give him his time, and we're going to try 9 to keep it at two minutes, unless you are representing an entire 10 organization, which in this case, he is. 11 MR. COLLINS: Chair -- Chair, could he just repeat the 12 organization he was with; I couldn't -- 13 MR. ABRAMS: GableStage, I am vice chairman of the 14 board of trustees -- 15 MR. COLLINS: GableStage. 16 MR. ABRAMS: -- the appointed operator of the theater 17 to be relocated from Coral Gables to Coconut Grove to bring 18 theater back to this neighborhood. 19 MR. COLLINS: Okay. Thank you. 20 MR. ABRAMS: Okay? So the public benefit that we are 21 obligated to extend goes to the West Grove, goes to the Central 22 Grove, goes to the North Grove, goes to the city of Miami, goes 23 to the county, and goes to the tri-county area. We produce 24 award -winning productions that provoke thoughtful conversations, 25 connect people together, and we also provide education that goes U.S. Legal Support 1 www.uslegalsupport.com 74 to 77 Planning, Zoning and Appeals Board - May 6th, 2026 Page 78 1 well beyond Coconut Grove. We have, in partnership with FIU, 2 6,500 children in our public schools that are exposed to 3 William Shakespeare plays every year, and that will scale to 4 15,000 when we move to a space that can accommodate better 5 educational facilities. There will be not just a theater, there 6 will be a community space for education for all residents, local 7 and beyond 33133. 8 That's our mission. We exist to perform that mission, 9 because we are a not -for -profit. We are purpose built to lose 10 money; we lose a ton of money on everything we do each year. 11 These plays cost a lot of money. Overhead costs a lot of money. 12 We charge the public what we can, but but for the largesse and 13 generosity of our donor base, foundations like the Knight 14 Foundation, grants that come from Miami -Dade County, we would 15 not exist to provide these cultural amenities. We would not 16 exist for a minute. 17 CHAIR: Thank you. 18 MR. ABRAMS: So we also are in hospitals now, okay? 19 There are two major children's hospitals in this county that are 20 public, Jackson Holtz and Nicklaus. For the last several 21 months, troubadours from GableStage and puppeteers have visited 22 ontological floors of these build- -- of these hospitals to 23 bring some laughter and joy to the children of this county. 24 So when we consider the public good, we can't just 25 zoom in on a 500-foot radius and say, yet again, there is going Page 80 MR. ABRAMS: Because you're being drowned out by -- CHAIR: Just wave. Just wave. MR. ABRAMS: -- an organized group of people. CHAIR: Okay. Thank you. WR. ABRAMS: Thank you so much. CHAIR: Thank you. Thank you. UNIDENTIFIED SPEAKER: Chair, we're going to submit this into the record, the petition. CHAIR: Sounds great, thank you so much. Go ahead. 10 MS. DOLSON: You'll be happy to know I only have two 11 minutes, so -- Debbie Dolson, 4205 Lennox Drive, Coconut Grove. 12 Please, please do not approve these exceptions and waivers 13 enabling construction at the playhouse without meaningful 14 dialogue with West Grove constituents. I have con- -- 15 significant concerns about the playhouse traffic pattern that 16 has not yet been clearly outlined to prevent intrusion into the 17 neighborhoods. Uncontrolled, Charles Avenue will become a 18 cut -through street for traffic around the playhouse. I'm sorry, 19 not everybody's going to be exiting on Main Highway. Cars 20 searching for a quick exit and Ubers will clog the roadways. 21 William -- William and Thomas will be used as pickup and 22 drop-off points. 23 I'm a volunteer at the Coconut Grove Crisis Food 24 Pantry, located at historic Christ Episcopal Church on William 25 Avenue. It's two blocks away from the playhouse. It's 125 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 79 to be another stumbling block to a project that will certainly die on the vine by suffocation if we cannot move forward and generate some momentum after 15 years. We were earmarked as the resident theater company for this location in 2011. The garage profits are earmarked for the benefit of our operations. The retail spaces in the record, both the County and the City, are incidental to the primary uses, which are public parking and theatrical education and entertainment. Those are the points that have to be weighed heavily in the matrix when you think about what's going on here. CHAIR: Thank you. MR. ABRAMS: But this cannot go on any longer without some progress. CHAIR: Understood. Thank you. MR. ABRAMS: Thank you so much. CHAIR: Thank you. MR. ABRAMS: Oh, and I also -- one last thing. I launched a petition 10 days ago that has now garnered close to 3,000 signatures for Miami -Date County residents -- 300, I'm sorry. And more will be coming. And there are people in attendance today who are in full support of what we're doing here. CHAIR: Thank you. MR. ABRAMS: Would you please just stand up briefly. CHAIR: Thank you. Page 81 1 years old this year. Our pantry serves 230 households in 2 Coconut Grove, many of wham walk or ride bikes to our doors to 3 collect bags of groceries. Some are elderly, some are unhoused, 4 and all deserve safe streets. During the winter months, our 5 clients who come to our community dinners arrive and depart in 6 the dark with low visibility. 7 So please do not approve these exceptions and waivers 8 allowing the continued work on the playhouse without meaningful 9 community input on this topic and others from residents, 10 property owners, tenants, churches, and community organizations 11 like ours in West Grove. Thank you. 12 CHAIR: Thank you. 13 MS. STUZIN: Good evening. I'm Roz Stuzin. I'm the 14 chair of GableStage. I've been on the board for over 20 years. 15 I've been at every one of these meetings. And we are really 16 trying. I think -- I really feel bad for Miami in the sense 17 that we have a lot of problems with traffic, and we have 18 problems with building, but that doesn't make the GableStage and 19 the County's plan for a historical revival of the grove bad. We 20 are trying to solve these problems. We're looking at brick and 21 mortar, and -- and I'm sorry about that, but what about minds? 22 Think of all the kids we've lost. The West Grove, we would've 23 had programs for these kids. We're opening up our theater to 24 them. We want them to came into the pocket park. We want to do 25 outdoor programs. U.S. Legal Support 1 www.uslegalsupport.com 78 to 81 Planning, Zoning and Appeals Board - May 6th, 2026 Page 82 1 I have grandchildren, none of whom have been at the 2 GableStage -- I mean, I'm sorry, the Coconut Grove Playhouse. I 3 was there as a young girl. And the place -- the extra things 4 we're doing, they're for me, and they're for you, because I'm 5 getting old. I've been here so many years. I can't walk up a 6 bad staircase. I can't walk through a -- a cobblestone street. 7 I have to be able to have -- as my husband's in a wheelchair 8 now, my friends are in walkers, we have to have wide pathways so 9 we can get to the theater. Those are our rights too as -- as 10 human beings who live in a -- aging in a community that we've 11 already grown up in. We want -- we want to have the theater. 12 We need these things. Our children need these things. And I 13 just think we have to look at the big picture. I -- I -- I 14 don't want to hurt anybody, but I want to do the common good, 15 and I want to bring education, and I want to bring theater back 16 to the grove. 17 When I was a young woman in 1975, Equus was at the 18 grove. I walked through the streets. I could see candle shops. 19 I could be -- I could see art. I could see painters. I could 20 smell the paint. It was an excitement. It was a vibe. We 21 weren't -- we're not going to be commercial. We're putting in a 22 few little things that -- 1926, the building was just like this. 23 We're in the same footprint of the 1926, and people are 24 forgetting that. 25 Thank you. I hope you will consider our needs. Page 84 1 and you're going to -- it's going to be competing with the other 2 property owners and the other businesses in Coconut Grove, and I 3 think that's very unfair for a civic property to do that. 4 I think what -- first of all, the County's been a 5 deplorable steward of the property and the playhouse. And it 6 should be a playhouse, it should be educational play -- and it 7 should be a parking garage and green space. And there should be 8 protection for people in the West Grove. And I hope with all my 9 heart that you do protect the people and deny the commercial 10 property for the County. Thank you. 11 MR. MARTIN: Good evening. 12 CLERK: Chair, may -- may I -- may we close online 13 public comment? 14 CHAIR: Yes. 15 CLERK: Thank you. 16 MR. MARTIN: Good evening. Reynold Martin, 3325 17 Percival Avenue. I'm the president of Grove Rights and 18 Community Equity, that's a group of organizations in Coconut 19 Grove, including the churches and some of the other 20 organizations, like Optimist and -- and -- and Homeowners and 21 Tenants Associate, where I am the vice president of that. And I 22 want you to know that there has not been meaningful community 23 engagement. We have sat with the office of Regalado, and we've 24 submitted some of the same things that you have heard here 25 today; we have not gotten a response. Page 83 1 CHAIR: Thank you. Thank you. Let's just -- the 2 clapping takes time. Let's go. Yes. 3 MR. DOLSON: John Dolson, 4205 Lennox Drive, Coconut 4 Grove, Florida. Who are you going to believe, me or your own 5 eyes? This is not just a playhouse; this is a playhouse that is 6 turned into an open mall, and I think what the -- David Winker 7 has talked about in here is absolutely applicable. We're not 8 talking about not having a playhouse; you're getting that. 9 We're talking about accommodating the neighbors who are 10 frustrated with a lack of a traffic plan, with the no-good plan 11 for creating -- keeping a through -street to Charles. At the 12 very least, you should have a wall of trees that separates 13 Village West from this open mall. 14 And thank you, Paul Mann, for having the courtesy and 15 the commonsense to say that the residents within 500 feet here, 16 and David Winker, should have an intervenor status. This is not 17 about denying an opera house; this is about fixing something the 18 community wants. 19 So one last thing I heard, we're going to have the -- 20 the green space slashed by 50 percent so that we can have more 21 green space. I heard that from the county lawyer. Who do you 22 believe, me or own -- your own eyes and your ears? Thank you. 23 MS. LANG: My name is Barbara Lang. I live 3901 24 Braganza Avenue in Coconut Grove. I'm here to urge you not to 25 approve commercial property on that. It's basically a CocoWalk, Page 85 1 No, we're looking for meaningful community engagement 2 so that we can have an environment that's conducive to our kids 3 and our neighborhoods, so that we can have the same thing that 4 you guys want for your families. I -- I would ask that you deny 5 this application and send them back to the community so that we 6 can have some engagement, and we can cane back here as -- as a 7 group of people that support this thing that's going to be 8 something beautiful for our community. Thank you. 9 MS. FENN: Good evening. My name is Shannon Fenn, and 10 I live within 500 feet of the playhouse at 3334 Charles Ave. 11 I'm a Miami native, and I'm particularly concerned about the 12 commercial intrusion and lack of clear traffic plan or study 13 taking place for the playhouse construction. I believe at the 14 minimum, a tree line barrier with a coral wall, closely equating 15 to the coral wall on the east side of Main Highway like for the 16 Abitare neighborhood is what the Village West should also be 17 provided with. This, accompanied with a clear traffic plan are 18 my main concerns. 19 These are not outlandish as of the community -- or of 20 the City, excuse me. And I believe with open communication that 21 has not yet taken place, they could be set in motion for this 22 community. At the end of the day, it is the residents who live 23 in Charles, William, and 'Thomas who will be most closely 24 affected by the commercial development on this civic zone. 25 While I wish the full historic playhouse could be restored, I U.S. Legal Support 1 www.uslegalsupport.com 82 to 85 Planning, Zoning and Appeals Board - May 6th, 2026 Page 86 1 understand a balance must take place, so I hope the City will 2 take our words into consideration and partner with us to ensure 3 a proper development that balances the economic needs of the 4 City with the desires of the West Grove community. I understand 5 this was previously approved, but I hope you'll take the 6 opportunity to slow down and have the City work with the 7 community to -- to -- more to accommodate these rational 8 requests, specifically the traffic study and plan. 9 I'm asking you to vote no on PZ1 until these concerns 10 are met. Please protect the residents of the historic West 11 Coconut Grove. Thank you. 12 MS. MOJSIEJUK: Hello. My name is Margaret Mojsiejuk. 13 I live at 3271 Thomas Avenue. I live within 500 feet of the 14 playhouse and commercial development that will open directly 15 onto Thomas Avenue. There are many risks and downsides to our 16 situation. 17 First, traffic and noise pollution. Increased traffic 18 from customers, delivery trucks, trash trucks will create noise 19 and congestion, disrupting our quiet neighborhood atmosphere. 20 It is likely that our neighborhood will become a popular Uber 21 drop-off and pick up location, as the grove in general is 22 already very congested. The construction phase of the 23 development will involve dust, heavy machinery noise, and many 24 construction vehicles entering, exiting through our 25 neighborhood. Page 88 1 Charles Avenue, so we felt the need to form as a group so that 2 we could work together with the City to try and get contentions 3 to that property to make the residents happy. The reason I 4 bring that up is because we were able to work really well with 5 the City to get things in place that made the residents really 6 happy, diverting traffic towards Main Highway so that it was 7 only a one-way direction, not coming onto Charles Avenue, fair 8 labor for the residents of the West Grove, different contentions 9 that are similar to what we're working for right now. 10 I bring that up again to say that we worked really 11 well with the City, and we're very willing to compromise. We're 12 a group that just has concerns about the neighborhood that we 13 love so much, and we want to work together to make it work, and 14 also to bring theater back. We're not opposed to theater. I 15 think that's seeming to be villainized right now, that we're a 16 group that's saying, like, no education, no playhouse, you know, 17 no theater at all, when that's really not the case. Like, we 18 all want the theater too. One of the things that we're bringing 19 up is that we want the community to be able to participate in 20 the theater. 21 So that's the main point I'm trying to make is, you 22 know, we have all these concerns, and at a very minimum, I think 23 a traffic study is not out of the question. I think community 24 involvement is not out of the question, and our tasks are very 25 reasonable. And if you're willing to compromise with us, we're Page 87 1 My husband and I are very active and walk our dogs 2 multiple times a day. I want to feel safe walking down my 3 street. There needs to be a traffic plan in place. Also, we 4 will most definitely face increased issues with trash, 5 loitering, vandalism, and crime as the commercial space will 6 attract more outsiders to our area. Again, there needs to be a 7 plan in place so the residents of these neighborhoods feel safe 8 and comfortable in our homes. A clear and very fair resolution, 9 in my opinion, is creating a barrier that separates our 10 neighborhood from the commercial space, keeping us safe from 11 additional foot and vehicle traffic. 12 These are my main concerns, and I ask the board 13 members to take into consideration how this commercial 14 development will impact the quality of our daily lives, and I'm 15 asking you to vote no on PZ1 until these concerns are met. 16 Please protect the residents of historic West Grove. Thank you. 17 CHAIR: Thank you. 18 MS. NOTTENKGNPER: Hello. My name is 19 Laura Nottenkamper. Apologies for the baby; it's past his 20 bedtime, so he doesn't want to go to dad. I live on 3300 21 Charles Avenue, that's within 300 feet of the playhouse. You've 22 heard a lot of -- speak from our neighborhood association all 23 about how we have all these concerns. I want to speak a little 24 bit differently, to the fact that an organization was formed a 25 few years ago when there was a proposed hotel property on Page 89 1 very reasonably willing to compromise with you. Thank you. 2 CHAIR: Thank you so much. Thank you. 3 Go ahead. 4 MS. CHORMANSKI: Good evening. Thank you for hearing 5 us. I'm the resident that looks directly at the playhouse at 6 3211 Thomas Avenue. Ole have brought up issues with traffic, 7 with valet drivers driving the wrong way up and down the alley 8 at high speeds. Trash trucks parking in the streets. There's 9 no clear plan as to where and when deliveries should be made. 10 Additionally, there's actually no sidewalk right now that goes 11 from the parking lot. And I've sent multiple emails to 12 commissioners; they said it's a County problem. I've followed 13 up. Children walk along Main Highway, and so we have children 14 that park in the parking lot and walk in the street on Main 15 Highway. I'm just pointing these out as these are our 16 communication over the past year and a half, and that we feel 17 like these could be easily addressed issues, that we could have 18 valets not driving the wrong direction, we could have better 19 assistance with the traffic protocol. So we have a lot of 20 concerns with retail opening up into our properties with noise 21 violations. 22 I had a bar open up illegally in my backyard last 23 year, and the City did come shut that down, but these are -- are 24 situations where they get taken advantage of. We would very 25 much like the theater there. Very much like the open space. U.S. Legal Support 1 www.uslegalsupport.com 86 to 89 Planning, Zoning and Appeals Board - May 6th, 2026 Page 90 1 And I do not think the City of Miami should reduce the 2 requirement for the green space. We've lot of lost -- lost a 3 lot of old trees. I'm an arch- -- I'm a -- I work with a lot of 4 architects, I'm an arborist, and we have a serious decrease in 5 green space in the West Grove. This is an opportunity to 6 rectify some of that loss of green space and to put some of the 7 large trees that may need to be moved into this area. Thank you 8 for your -- for addressing our concerns. 9 MS. SLAYDEN: Good evening. My name is 10 Shelby Slayden, and I live within 500 feet of the Coconut Grove 11 Playhouse at 3334 Charles Avenue. I've lived in Miami my whole 12 life, and I've seen dramatically how much our city has changed 13 in recent years, especially in the grove. I'm here today 14 because I'm concerned about the proposed redevelopment of the 15 playhouse property. As outlined, this plan would introduce 16 significant commercial activity into the Village West. This is 17 a major shift from the civic and cultural designation of the 18 property. 19 My primary concerns are the lack of a clear traffic 20 plan, and the lack of a barrier between the neighborhood and 21 this property. 0n Charles Avenue, every day, I -- there's -- 22 the other side of the street is also completely book ended by 23 construction, and it's really difficult to even get out of the 24 street and go onto Main Avenue or back into the Village West 25 neighborhood. I am in support of a theater in the future, but I Page 92 1 to bring segregation back is deeply offensive, when the members 2 of our community who have lived here for multiple generations 3 have very cl- -- strongly stated that they want these barriers 4 in place in order to make our quality of life better, not to 5 stop us from attending the playhouse. You could literally walk 6 around and get there; I literally walked here today. 7 The fact that there's no traffic study done with a 8 project of this size is just deeply irresponsible. It would 9 stop commercial intrusion from our neighborhood. It would -- it 10 would make a complete change to our neighborhood as it exists 11 right now to go forth with the plans in place, and -- yeah, I'm 12 asking to vote no on PZ1 until our concerns are met. Please 13 protect the residents of historic Coconut Grove. 14 CHAIR: Thank you. 15 MS. ARMBRISTER: Thank you and good evening. My name 16 is Arnie Armbrister. I reside at 3260 Thomas Avenue, and I am a 17 member of Preserve the West Grove. I'm kind of coming to you at 18 a different angle. I'm not going to be redundant. I'm coming 19 to you as a homeowner. 20 When we bought that property, it was a quiet, tranquil 21 community. Don't take it away, please. We live there. 22 Children are on the street. They can't play outside because of 23 the traffic coming in and out it. It is an intrusion of our 24 prop -- of our privacy. I want to sit on the porch. Dust up 25 and down. We have homeowners -- we have rights. Please Page 91 1 think that our concerns should be met, and the residents closest 2 to this development deserve to be heard and informed of the 3 ongoing developments. 4 I'm asking you to vote no on PZ1 until these concerns 5 are met. Please preserve the West Grove. Thank you. 6 CHAIR: Next, please. 7 MS. NASEER: Good evening. My name is 8 Nighat Naseer, and I -- my -- I reside at 3240 Thomas Avenue. 9 After 55 years of life dream, I moved to Coconut Grove, because 10 Coconut Grove is a serene property I have ever heard. And I 11 couldn't move, but now I'm able to move, and I'm here, and I'm 12 decided, but, unfortunately, it's commercial property coming 13 behind my backyard. It should be something else we should build 14 where every community can use it, and we get together instead 15 of, you know, commercial. Thank you. 16 CHAIR: Thank you. 17 MS. NAVARRO: Hi. My name's Alexandra Navarro, and I 18 live on Charles Avenue, within 500 feet of the playhouse. I 19 also dreamed of moving to the grove my whole life. I grew up 20 not far from here in Shenandoah. 21 I love my neighborhood. I walk around here all the 22 time. This issue has really brought my community together over 23 these concerns that we've agreed upon. I think that the idea 24 that the County has brought up of saying that we -- somehow we 25 want to build this wall to separate us as if it's somehow, like, Page 93 1 preserve our rights as homeowners. Do not force the -- the 2 project in our community. 3 We welcome the playhouse. It's beneficial, it -- 4 and -- and the paseo is beautiful, the green space, but do not 5 intrude in our community. That is our home. 90nen we come home 6 from work, we want to sit down and relax, watch the kids go 7 outside and play. And you are forcing, I feel, your 8 community -- your project into our backyard. And so on Thomas 9 Avenue, it's going to be a park or drive -off, more -- more 10 traffic. Increased vandalism; we don't need that. We have 11 young kids. We have elderly on our street. Thank you. 12 CHAIR: Thank you. Thank you. 13 Yes. 14 MS. CALHOUN: My name is Gloria Calhoun. I live 15 nearby at 3665 Park Lane. I hope somebody from the State of 16 Florida is listening, because this project is just plain wrong. 17 No matter how many bandages you put on it, for the neighborhood, 18 it's wrong. It's wrong for the space. It's wrong for the 19 community. It's not inclusive. It doesn't do anything to 20 preserve the history of the West Grove. 21 I urge the State to take the property back. Yes, go 22 back to the drawing board. I know everybody wants something 23 done right now, but it's the wrong thing, and it's wrong for the 24 neighbors. And even if they put up the beautiful coral rock 25 wall, the service entrance is still on Charles. The traffic is U.S. Legal Support 1 www.uslegalsupport.com 90 to 93 Planning, Zoning and Appeals Board - May 6th, 2026 Page 94 1 a problem. The neighborhood does not work well with this 2 project. So, please, State of Florida, take it back. The 3 County has violated every single law, from the illegal 4 demolition, right up to right where we are now. I beg of you, 5 and please vote no, thank you. 6 CHAIR: Thank you. 7 MR. HUDSON: My name is Christopher Hudson. I'm here 8 on behalf of an organization here in the Coconut Grove West 9 area. The organization is the Coconut Grove Minister Alliance. 10 We represent the Coconut Grove residents. We are made up of 11 pastors from various churches in the grove, and we're here to 12 speak against the intrusion into this area. 13 I liked the young man's presentation, but they said a 14 minor; there's nothing minor about this intrusion. It will 15 create noise. It will create traffic. It will create dump 16 trucks coming through, trash trucks coming through early 17 morning. And they don't have a time on when this will be 18 happening, when they will be coming through. You know that 19 trash pickup sometimes is 4:00 a.m., 5:00 a.m., so it will be a 20 great intrusion on the homeowners in this area, particularly on 21 Charles, Williams [sic], and Thomas. 22 I looked -- I looked at the whole neighborhood, and 23 all these residents deserve respect. Now, you have to think 24 about it. What if this was coming into your neighborhood; would 25 you allow it? Would you want these trash trucks coming down 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 96 control -- managerial control over it until 20 13. So we flip open to -- it says that -- this is just -- we were talking about community involvement and lack of participation; they knew almost 20 years ago what -- what the -- and I know about steering committees, as I said, and you're getting involved with the community, and the community said -- and it's written in this very expensive -- probably $100,000 to get this feasibility study done by our tax dollars. And it says -- this was going to be a theater. This was going to be -- and we rec- -- they reco vended -- AMS feasibility consultant, Michelle Walter, calls for the current theater to become a 600 to 900-seat main theater, okay? I know we're past that point now, but just to show you how long this has been going on -- and we can't say that we -- we've lacked -- we -- we haven't heard what the community wants. They -- they steered this, okay? This was supposed to go before the HEPB board before it came to this point. The County is misleading you by saying that the 260 -- 267 review was complied with. Mr. Kirtley is on the record saying that they don't need the State's review, and then he completely did a 180-degree turn, and now he's going to tell you that, absolutely, we complied with the review. It's all on the record. You can see the photos. You go to my -- I created a Facebook page in 2009 called Save the Coconut Grove Playhouse. You go to the top of that scroll of Page 95 1 your street? Would you want these dump trucks coming down your 2 street? Would you want your neighborhood protected from sound, 3 noise, and lights? And as we know, CocoWalk does not close at 4 midnight. I've been there at 3:00 in the morning, and it's 5 party time at 3:00 in the morning. So we don't want party time 6 on our -- I noticed on his slide that he showed the entrance 7 into it, but he never showed the exit to it, which means that -- 8 that walk area will lead right into that neighborhood. I 9 noticed on their slides they never showed the exits, they always 10 shows the entrance, nice entrance, nice wall, nice people 11 sitting on the sidewalk, nice walkway, but never the entrance 12 into the neighborhood. Why is that? Thank you very much. 13 MR. PEARL: Max Pearl, 4000 Towerside Terrace. I was 14 appointed by the Pinecrest mayor to be chairman of the Banyan 15 Bowl Committee at Pinecrest Gardens where we created a theater. 16 I produced and directed plays there, and I was also appointed to 17 be the chairman of the steering committee done by AMS to do a 18 feasibility study to put the theater at Pinecrest Gardens. 19 AMS was also the firm that was used to create this 20 feasibility study. It's voluminous; it's much too large for me 21 to make copies and distribute to you. If there was -- somehow I 22 could enter it into the minutes, I think it would address a lot 23 of the problems. This was 2008 Coconut Grove Playhouse 24 Charrette done by the County. They started to get their paws on 25 this almost 20 years ago. They didn't sign the lease and get Page 97 1 the current postings, you'll see what they claimed to you today 2 was that the architecture elements were going to be preserved. 3 If you go right now to my Facebook page, Save the Coconut Grove 4 Playhouse, the blog that I've had since 2009, you'll see what 5 protection they did to those architecture elements. They're 6 broken, shattered into pieces, and thrown on the top of a 7 mountain of the demolished playhouse. 8 CHAIR: Thank you. 9 MR. JACKSON: Hi. My name's Paul Dean Jackson. I'm a 10 descendent of the Stirrup family, but I'm not representing the 11 Stirrups today, just myself. I'm within 500 feet of the 12 playhouse. And shame on all of you who voted for no intervening 13 status. I mean, what the heck, man? We'll appeal that. 14 Anyway, to give you a little history here of -- of the 15 grove. You know, I mean, the -- the guy from the playhouse, 16 it's not the -- the good of the many outweigh the good of the 17 few; we matter. So I want to thank the parking authority for 18 giving us restrictive residential parking on Williams [sic]. 19 It's changed our lives. We've -- we're -- we, like, don't have 20 all those people, the drunks and the trash. And now you're 21 going to open up this section. 22 But I -- I -- I -- I'm all over the place. Let me 23 just say we all want different things, but the bottom line is, 24 when I moved here, I looked up at the playhouse, and I saw a 25 fence lined with razor wire that looked like a prison. And was U.S. Legal Support 1 www.uslegalsupport.com 94 to 97 Planning, Zoning and Appeals Board - May 6th, 2026 Page 98 1 that razor wire to keep the cars protected? No, it was to keep 2 us, the African Americans, out of your neighborhood. Across the 3 street is a really beautiful pristine wall where you protect 4 that neighborhood. Now, basically, we're asking for the -- 5 basically the same thing. Give us that pristine wall, give us a 6 little protection. We're not -- we know we can't stop the 7 playhouse; we've wanted this for a while. But we just don't 8 want you to intrude on our neighborhood. And we do have 9 intervenous status, and we will get that. 10 But the bottom line is, we want respect. We want 11 exclusivity, like the people across the street. We want 12 liability. We want peace. So we also like that green space. 13 So please reconsider this. Listen to what everyone has to say, 14 and come back with a plan that's going to, like, please us all. 15 I know you can't please all the people all the time, but, you 16 know, intervenor status would be a good start. Thank you. 17 MR. BIERMAN: Thank you. Mitchell Bierman. I 18 actually live within 500 feet of the current GableStage 19 Playhouse, which is in the Biltmore Hotel. I consider it to be 20 a huge enhancement to my residential area of Coral Gables. I 21 also consider the commercial uses of the Biltmore Hotel to be an 22 enhancement and a resource to me and my family, and they have 23 been for more than 20 years. 24 What I think is missing from the conversation is the 25 recognition that what makes Miami special, what attracts the Page 100 1 this plan revised dozens of times in response to the public 2 needs. It's happening, and it needs to happen now. I thank you 3 for your attention. 4 CHAIR: Thank you. 5 MR. CORBEN: Good evening, Chair. I'd like to propose 6 a friendly resolution that we move this meeting to Flanigan's 7 for the rest of the evening. Billy Corben. 8 I have a very long history with this theater. My 9 children will be the fourth generation in my family to hopefully 10 attend theater at the Coconut Grove Playhouse. My grandparents, 11 Jerome and Rita Cohen, attended opening night of Waiting for 12 Godot; that was the American premier of that masterpiece in 1956 13 at the Coconut Grove Playhouse. I spent nearly the first three 14 decades of my life going to theater there, including 40 years 15 after that, the world premier of Jimmy Buffet's Don't Stop the 16 Carnival. And I would love to see theater there. 17 My grandfather in the -- at the turn of this past 18 century was on the board of the Coconut Grove Playhouse the 19 first time that they got control from the State of the property 20 in order to try and reopen the theater, and that was even before 21 it was closed, they were just trying to remodel it. He was a 22 big fan of Joe Adler, the late great Joe Adler, at GableStage. 23 I would love to see theater back there again. So I don't want 24 to participate in the strawman about this is, you know, not 25 about preventing theater from -- from being in the grove; it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 99 most talented and gifted people from around the world to come here and work and start businesses and bring their talents to Miami is that we have something different than every other city in Florida. Every city in Florida -- every coastal city has sunshine and beaches, and every city has low taxes, because Florida has very low taxes, and all that attracts people. But what makes Miami special is that we have this, we have playhouses, we have the Arsht Center, we have the PAWN, we have the Frost. We have culture, culture like the great cities of Europe. And this is the -- the oldest thing, the oldest cultural resource in our community is the Coconut Grove Playhouse. It is -- it plays a -- a very unique role in the history of American theater. The first US premier of Beckett's Waiting for Godot was the first play to open when it became a -- a live playhouse. Albee and -- and Tennessee Williams premiered their plays here before they went to Broadway. My own cousin's husband premiered his play, Miami Lights, here, one of the last plays to -- to play at the playhouse. And we're bringing that back, but the only way we can do that is for you to approve this application now. We can't -- it just can't wait any longer. It's waited too long. That theater has been dark for too long. We -- we have had -- I personally have been to a dozen public meetings where there has been public input shared. I've seen Page 101 1 needs to come back. And the sooner, the better. 2 I would like to say, however, make these three points. 3 I really wish that the -- with the exception of the preserved 4 portion of the building, that it wasn't so ugly. It looks like 5 an office park. I mean, Arquitectonica was not sending their 6 best when they designed this project, but I think that ship's 7 sailed. I believe you are the penultimate stop. I'm taking a 8 pragmatic approach here to the approval of this project, and I'd 9 like to make just three important points. 10 One, I think you should vote no on all of the waivers 11 tonight. Let's start there. Let them -- you know, they have 12 their plan, but these waivers are absurd. I was never -- you 13 know, I never did that there book learning, but the learned 14 counsel here from the County would have you believe that 14.9 15 percent is more green space than 30 percent. That's -- that's 16 not, I don't think, how that works. I didn't bring my iAbacus 17 app, but I'm -- I don't think that that's how that works. So we 18 need more green space, not less green space here. Don't turn 19 the grove into Brickell and Downtown Miami, please, okay? More 20 trees, not more pavement, more cement, and more brick, because 21 that's what these waivers are asking for. 22 Second, I would ask -- I'm seriously concerned about 23 the condition of the facade. We've already had a construction 24 accident. I'm getting carpal tunnel here with these air quotes. 25 A construction accident that led to a partial collapse of the U.S. Legal Support 1 www.uslegalsupport.com 98 to 101 Planning, Zoning and Appeals Board - May 6th, 2026 Page 102 1 existing structure. Right now, it's being held up by 2 chopsticks. I think for those of us who remember Lincoln Road, 3 The Setai, where they've been holding up these facades and walls 4 that have collapsed overnight by accident. I think that there 5 should be some sort of provision or amendment that -- that says 6 that in the event that the -- the facade or the original 7 building falls, they must rebuild it exactly the way it is. 8 It's currently the most beautiful part of the existing design. 9 And, finally, I don't think the neighbors are asking 10 that many unreasonable demands. I think the -- the 11 aesthetically pleasing coral wall, I think a clear traffic 12 mitigation plan, employment and fair wages for Village West, 13 and, most importantly, not just GableStage, but access to the 14 historic Village West churches and organizations to have a -- 15 for them to have access to the theater and the facilities as 16 well. 17 CHAIR: Thank you. 18 MR. CORBEN: And I do want to say that I watched you 19 guys with the density issue a -- a meeting or two ago, and I 20 watched the way you guys handled it; I thought it was 21 outstanding, the communication back and forth with the 22 community. And I think that these are reasonable asks that you 23 guys can probably in a similar fashion to that meeting on -- on 24 that item create a resolution that -- remember, you had a bunch 25 of Grovites leave here happy. I've never seen that many Page 104 1 identity and landmarks of Village West and Little Bahamas. 2 Because once a community loses its identity, once long-time 3 residents are displaced, once history is erased, you can't get 4 it back. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Tonight, you each have the power to choose protection over pressure, partnership over promises, and community over convenience. The step in the right direction is voting no on PZ1 until each of our concerns are met. Thank you. CHAIR: Thank you. UNIDENTIFIED SPEAKER: Hi. I live on 30 -- 3326 Charles Avenue. And I've been hearing a lot about -- about the traffic going down Charles Avenue. And it's real bad now. And right now, from going on traffic is -- it's going to get really -- worse than it is now. And I live in a residential area, sir, and it's 40 miles an hour caning down that street there. And I call the street a drag strip, you know, because haw fast cars be coming down Charles Avenue. Even if we got speed bumps now, look like they measure the speed bumps and still come down the -- Charles Avenue fast. And the -- it says 40 -- 40 miles an hour, and look like they'd be coming down the street 50 or 60 miles an hour. And that's not a safe place for, like, kids or whoever it might be, you know, coming out the yard; you know what I'm saying? And I'd just like to say, thank you, sir. CHAIR: Thank you. Page 103 1 Grovites happy at the same time at the same place, so thank you 2 again. Good night. 3 CHAIR: Thank you. 4 MS. DOR2ZIO: Good evening. My name is Mia Dorazio, 5 and I stand here tonight not just as a resident within 500 feet 6 of the playhouse, but as someone who deeply loves and believes 7 in the future of Coconut Grove. 8 The topic today is not just another development 9 project; it is land that carries history, culture, memory, and 10 identity. Village West and Little Bahamas were built by 11 generations of black Bahamian families who created a vibrant, 12 resilient community long before Coconut Grove became what it is 13 today. We have a responsibility to honor that legacy, not pave 14 over it in the name of progress. Development should uplift a 15 community, not conveniently push it out. 16 Right now, our residents are active victims of 17 gentrification. We are being asked to trust promises without 18 guarantees, but our community deserves more than vague 19 commitments. We deserve protections clearly written into the 20 plan itself. We need firm protections against commercial 21 intrusion into West Grove, real traffic solutions shaped by 22 residents, and economic opportunities that directly benefit our 23 community. We also need guaranteed inclusion for the historic 24 churches and organizations that have held this neighborhood 25 together, along with meaningful preservation of the cultural Page 1 0 S 1 MR. TOLEDO: Hi, how's it going? Aramis Toledo, 3411 2 Charles Avenue, that puts me within 500 feet of the playhouse. 3 I come to you as a simple educator. I come to you as somebody 4 who loves this community. I volunteer every Saturday at the 5 food bank that's on Grand Ave. I'm going to simply ask you guys 6 to just say no to the gentrification that is happening in this 7 neighborhood. 8 Paul Mann, Maria Carolis, thank you guys for your 9 vote. For the rest of the board, please vote no, please stand 10 with us as residents of West Grove. Thank you. 11 CHAIR: Thank you. 12 MR. MARTOS: Good evening, board members. Thank you 13 very much for your time. My name is Edward Martos, offices at 14 2800 Ponce De Leon Boulevard. I'm here on behalf of GableStage, 15 and I want to emphasize some facts. There's a lot of passion 16 going along. I think at the end of the day, you have a hard 17 choice to make. There are good paints on either side. So I 18 just want to bring home to you key points. 19 First, there's been a lot of confusion as to what is 20 being proposed with respect to commercial uses. You've been 21 hearing a lot that this is going to be a commercial mall, that 22 this is going to be huge impact in a commercial sense. The 23 reality is in front of you in your staff reports from Pages 6 to 24 7. The staff has laid out for you the square footage of each 25 use, and what you'll see is that they are -- the proposal is for U.S. Legal Support 1 www.uslegalsupport.com 102 to 105 Planning, Zoning and Appeals Board - May 6th, 2026 Page 106 1 2,636 square feet of retail and 3,780 square feet of food and 2 beverage, for a total of 6,400 square feet -- 6,416 square feet, 3 okay? 4 Earlier in the -- in the evening, you heard a claim 5 that the majority of the space would be commercial. They had -- 6 they generated that number by looking at office space. If you 7 look at the office space provided, it is 28,000 square feet, 8 28,016 square feet to be specific. And you will ask yourself, 9 that sounds commercial, 28,000 square feet. That is going to be 10 occupied almost exclusively by GableStage for its operations. 11 And as you heard from one of our speakers earlier tonight, 12 GableStage has a lot of educational programming. Lots of office 13 needs, frankly. And while classrooms and the like haven't been 14 called out, they've been grouped up as office as well, I would 15 posit that those are not the kind of nonprofit work that 16 GableStage performs, and that is done to pro- -- produce 17 theater, is not the kind of commercial use that you're hearing 18 about, okay? So I want to be very clear on that. There's a 19 very sharp distinction between office space for a nonprofit that 20 brings in the community that works with a lot of children and -- 21 and educates, than commercial use, okay? 22 I'll be very brief on my next points. Miami 21 23 requires an exception for every single use that is zoned civic. 24 You cannot do a single thing in a civic zone without coming to 25 this board. So I want that perspective to be clear. Because Page 108 1 Please approve. 2 CHAIR: Thank you. 3 MR. BURNS: Good evening, members of the board. Mark 4 Burns, executive director of the Coconut Grove Business 5 Improvement District. In the bid, we represent over 200 folios 6 and property owners in Coconut Grove, and countless more 7 business owners and employees and things like that that are -- 8 you know, their welfare is in -- is in Coconut Grove. This -- 9 this property has been blighted for -- I -- I've been with the 10 City and worked in government since 2013, and this has been 11 blighted since I've been here. The -- my -- my company has had 12 $3 million earmarked for a parking garage in this property since 13 about 2013, 2014. 14 But this is -- this is what makes Coconut Grove 15 special, right? The people. They -- they fight. They fight 16 for what -- what they feel is right. And I love it here. This 17 is the greatest neighborhood in the city of Miami. But I think 18 the time to fight is -- is -- is over with. It's -- it's time 19 to see something come here. I'm super excited about what's to 20 come in Coconut Grove, because Coconut Grove is a very special 21 place, and it's on the uptick. And this is one of the blighted 22 areas right here, just this one little square block where 23 this -- where this beautiful historic theater used to be, and -- 24 and we need to bring something back. 25 Again, like the last gentleman reiterated, this isn't Page 107 1 the word exception sounds like they're asking for something 2 special; the truth is, everyone for anything needs an exception 3 if you are zoned civic use. 4 And, finally, I want to bring home a legal point, 5 which is that the standard that controls your review tonight, 6 because this is a quasi-judicial proceeding, is competent, 7 substantial evidence. And under Florida law, competent sub- -- 8 substantial evidence means non -speculative facts and 9 information. You can't simply speculate that traffic will be 10 increased because you think it's going to be increased; you have 11 to base it on some analysis, some facts. You can't assume that 12 noise is going to be a huge burden simply because you feel or 13 you think it's going to be a burden; you have to have some 14 competent substantial basis for that conclusion. 15 So as you make your decision tonight, I want you to 16 keep those key facts and that key law in mind. Everything needs 17 an exception. Competent substantial evidence is your -- is your 18 guide star. And the facts are clear, the commercial space 19 provided is -- is nominal. 20 Finally, with respect to competent substantial 21 evidence, you have it in front of you. The courts have 22 consistently held that a staff report like the one that you have 23 from your competent staff at the City's Planning Department, at 24 the Zoning Department, does serve as competent substantial 25 evidence, and it points in only one direction. Thank you. Page 109 1 a mall, it's a few thousand square feet of retail. It's got an 2 office liner, really so you're not looking at a dis- -- not 3 disgusting, sorry, but a parking garage, right? You're looking 4 at an office building as opposed to a parking garage. And it's 5 ancillary revenue. The -- the playhouse failed in its -- in its 6 original day because it didn't make enough money. Now we've 7 reduced the size of the theater so that it can be more community 8 focused, so that kids that go to elementary school can have 9 their plays there, and -- and you can come and have it be more 10 of a community theater. And people from the West Grove and 11 people from all -- all these playwrights, these new 12 up -and -caning playwrights, up-and-coming directors that want -- 13 that want to get their shot, and they're going to have a theater 14 where they can go and -- and hone their craft. 15 So I implore you vote yes to all these changes today, 16 and -- and thank you very much for your time. 17 CHAIR: Thank you. 18 MS. MIHALIK: Hello. My name is Maria Mihalik. I 19 live at 3250 Charles Avenue. I live across the street from the 20 playhouse. When I moved to the house in 1999, the playhouse was 21 still operating. And at that time, it was an all civic use. I 22 don't remember parking or traffic being such an issue, but as we 23 all know, it's a different world today, and adding a commercial 24 use to that, it would be irresponsible to not do any sort of 25 traffic study to see, you know, how it could be controlled, how U.S. Legal Support 1 www.uslegalsupport.com 106 to 109 Planning, Zoning and Appeals Board - May 6th, 2026 Page 110 1 it could be improved, and to keep the residents of Charles 2 Avenue and the rest of the West Grove area safe. 3 Charles Avenue was always used as a staging area. It 4 already is with the demolition, there's -- you know, as the 5 photographs showed very helpfully, it's always a staging area to 6 offload very heavy equipment. It's a lining area for cement 7 trucks waiting to, you know, work on the site. It's not fair 8 that that's the location of the loading area and the staging 9 area and everything during construction, and I can only imagine 10 it after the commercial and playhouse property is operational. 11 So I think it -- it needs to be studied and needs to 12 be improved and helped so we could preserve the historic West 13 Grove area safely. Thank you. 14 MR. PARRISH: Go evening -- good evening, board 15 members. I'm an alum here some of you may remember. I also was 16 the chair of the HEPB board in 2005, that's 21 years ago, when 17 the playhouse was unanimously voted to be historic. 18 So here we are again. I don't envy you with the 19 decisions coming up. But I do agree that the playhouse -- this 20 is an exception. It's not -- it's -- the playhouse is in the CI 21 zone. CI's part of Miami 21. So the question that I've 22 researched a little bit on, and I handed out to you, is how 23 is -- how is it treated under Miami 21, and who gets to do that, 24 who's on first? And I submit to you that it shouldn't be you 25 guys, it should be the HEPB board. And I -- actually, the -- Page 112 1 are in charge, not the PZAB, even though there is some overlap. 2 And then if you get to Chapter 62 in the -- in the Municode, it 3 says specifically that the HEPB board is authorized to create 4 the certificate of appropriateness for any exceptions or waivers 5 or exclusions. That's their purview, not yours. And they're 6 the ones who have the expertise to come up with a reasonable 7 solution. 8 So let's get to the solutions, which I know the chair 9 is looking for, and I'll be really brief about that. You've 10 already had four or five suggestions from Mr. Vinciguerra on 11 behalf of the homeowners association. I think that should be -- 12 whatever you decide, that should be one of -- those should be 13 some of your conditions for this. The other condition that I 14 strongly suggest to you is that you make it a condition that 15 whatever you decide tonight goes before the HEPB board for their 16 opinion, for their resolution, for their certificate of 17 appropriateness, which is mandated under Section -- under 18 Chapter 62. 19 So those suggestions, plus having the HEPB board 20 finally get involved with this, which they've requested, by the 21 way, they've requested for the final plans for this -- for the 22 County to be presented back to the HEPB board. Once they bless 23 it, with your input, this -- this problem will go away. The 24 court -- the legal -- the legal proceedings that I envision will 25 continue on for another five or 20 years will end. You'll Page 111 1 the beginning presentation that the County made really made my 2 point when they're starting to talk about the -- the color of 3 the tiles and -- and the landscaping. The HEPB board has 4 architects, it has landscape architects, it has all the 5 expert -- and not to say that you guys aren't expert, but that 6 is not your field. 7 And I will point out, though, in what I handed out, 8 you all know Chapter 23 called Historic Preservation, and what I 9 want you particularly -- what I'm going to dwell on right now is 10 where the code says, shall, not may. Because there's lots of 11 mays, you know, in Miami 21; it's always talking about you may 12 do this or may not. But when the code says shall -- on 2361 -- 13 Section 2361 says, designated properties shall be permitted to 14 be prepared. And then later on, it says, such uses as private 15 clubs, restaurants, shall be permissible only within existing 16 structures that are individually designated. It goes on to say, 17 and it shall be permissible in any case where it's been 18 partially or destroyed -- or beyond repair -- repair that what's 19 going to be required is a -- is a certificate of 20 appropriateness. This board does not do certificates of 21 appropriateness; only the HEPB board does certificates of 22 appropriateness, because they consider all the architectural 23 details and the landscaping details. 24 So I'll wrap this up, because I know it's getting 25 late. But if you read Chapter 23, it's really clear that they Page 113 1 finally get a resolution, and this thing can be put to bed 2 forever with the blessing of the -- of the neighborhoods and 3 with the blessings of the County and the City and all the other 4 people who want good theater to return to the city of Miami. 5 It's your solution. Pass it or not with conditions 6 that have already been presented to you and get it back to the 7 HEPB board. They're waiting for it. They asked for it, and the 8 County refused to go. So that's my suggestion to you. Thank 9 you very much. I'm sorry I went over time. 10 CHAIR: No problem. Thank you. 11 MR. BARALOTO: Good evening. Chris Baraloto, 3752 12 Kumquat Avenue, here this evening representing the Coconut Grove 13 Village Council. All of the residents, the constituents with 14 whom we've interacted, love GableStage, love the educational 15 programs, and want to see the theater opened again as soon as 16 possible. However, the residents in the West Grove make 17 extremely reasonable requests that could be dealt with 18 relatively quickly, in my estimation, and should be considered 19 by this board. 20 I would add the green space issue is a hot item in the 21 City of Miami right now. There are chats blowing up. There are 22 letters going to the mayor and the City Commission about the 23 lack of green space. This is an opportunity, as was presented 24 earlier, to rectify the issue of green space. I urge this 25 board, as well as perhaps the HEPB board, as my colleague U.S. Legal Support 1 www.uslegalsupport.com 110 to 113 Planning, Zoning and Appeals Board - May 6th, 2026 Page 114 1 pointed out, to consider this waiver request of reducing down to 2 14.9 percent green space very carefully, and the message that 3 sends. I think there's an opportunity here to increase green 4 space, to plant not just 122 trees, but some large specimen 5 native trees on this property that provide shading. I point out 6 some of the retail space adjacent to the parking garage, this 7 was not retail space that was part of the original playhouse. 8 And perhaps some of that space could be slated as green space. 9 And the pocket park could be improved a little bit more. 10 I think all of this could be accomplished relatively 11 quickly, keep the project on pace, and give us the theater as 12 soon as possible, and get the great educational programs of 13 GableStage into the grove. Thank you. 14 CHAIR: Thank you. 15 MR. DINGLE: Good afternoon, Board. My name 16 is David -- Pastor David Dingle. I'm the pastor of the United 17 Christian Church of Christ, which is at 3288 Charles Avenue, 18 which is about 300 or less feet from the playhouse. And I also 19 stay on 3370 Williams [sic] Avenue, which is a little further 20 down. And you have already heard the concerns of the -- the 21 people from our neighborhood, which is true. We do have -- 22 already have problems with the parking. I know at my house on 23 Williams [sic] Avenue, when I come home in the evening, I can't 24 park right now. So there definitely needs to be a traffic 25 study. As far as the -- church -wise, it's -- it's -- Charles Page 116 1 organization, Preserve the West Groove. And, Charles avenue, 2 it's barely wide enough for two vehicles to pass as it currently 3 is. And it's a shortcut for traffic. And then Thomas Avenue is 4 being bombarded already by the businesses of Commodore Plaza 5 with service trucks and things of that nature. And Williams 6 [sic] Avenue is being bombarded also with people who are willing 7 to take an opportunity to get a ticket to park there. 8 So we don't want -- it's not fair for us. Like, 9 Bay Heights, you know Bay Heights, the community that has the 10 wall as you approach I-95? It used to be -- I've been here long 11 enough to know. See, I didn't have to read about Coconut Grove; 12 I've lived Coconut Road for 75 years. And there used to be a 13 4-foot fence from 27th Avenue all the way down to South Miami 14 Avenue. A 4-foot fence. And so what they did with the 15 Metrorail and all the traffic noise from US-1, they decided to 16 protect that community from all the develop -- the -- the trucks 17 and the traffic and the Metrorail, and they put that -- I think 18 it's a 12, 15-foot wall there to protect that Bay Heights 19 community. And we're asking for identical protection is all 20 we're asking for. 21 We're not saying don't build the playhouse, because 22 anyone with commonsense would go ahead, knock it all down, and 23 build something that this community is deserving of and -- and 24 make it look like the playhouse. And so I'm asking that you do 25 not agree to this PZ1 until they can demonstrate that they care Page 115 1 Avenue is so big; you know, it's a small street and a two-lane 2 highway, so nobody really parks on the side except if you go way 3 down the street. But we definitely, definitely need to do 4 something about the -- with the new construction. 5 The playhouse has been there for a long time. So I 6 have my building -- my church, rather. It used to be the Odd 7 Fellows Hall. They built it over 100-plus years ago, and it 8 still -- we still haven't -- my father purchased it about 1952, 9 and we still have the church there now, which is on Charles. 10 And we just have the concerns of the -- the intrusion and the 11 traffic study. We know that -- we know that you can just do 12 just a -- just a little bit of concern, just a -- just -- 13 just -- you heard the concerns, just -- just push them through, 14 if you can. And if you can't, we know with the grove -- the 15 grove -- I love the grove. I was born and raised in the grove, 16 and I'm going to stay in the grove as long as I can. And it 17 seems like to me everybody here really loves Coconut Grove. 18 So if you would be so kind to just vote no on this 19 issue. Thank you so much. 20 CHAIR: Thank you. 21 NR. ARMBRISTER: Well, praise the Lord, our savior, 22 who is the Christ named Jesus before his birth. My name is 23 William Armbrister. And an amen to every one of his children at 24 the sound of my voice at this time. 25 I'm just going to -- I'm a board member of the -- the Page 117 1 about the community their development will have a negative 2 impact on, with the dump trucks and -- and -- and the dust 3 and -- and all hours of operation. And when they -- if they 4 ever open, they're not going to shut it down at midnight; 5 they're going to have little bands out there, little whatever 6 they will, behind that wall, hopefully. They're doing that now 7 in the -- off of -- like my neighbor said, they opened up a bar 8 behind her house, and I know when they purchased that house, all 9 of that wasn't going on in the neighborhood. 10 So you should not approve this. Demonstrate your 11 level of maturity to understand that you need to know more about 12 what you might agree on before you agree on it. You know, like, 13 my wife and I, we dem- -- demonstrated our level of maturity 14 because we took four years of dating before we now have 48 years 15 of marriage. You know, you want to check these things up for 16 yourself. Before you make a long-term decision on someone 17 else's behalf, make sure you're making a responsible decision on 18 your own behalf. In the name of Jesus, I greet you all, amen. 19 CHAIR: Thank you. 20 MS. BERRIEN: Good evening, Courtney Berrien, 3325 21 Charles Avenue. I think I am the last person from our 22 organization to speak, other than when our attorney gets to 23 speak a second time. So I want to really thank you all for 24 giving us the time and the respect to really be heard tonight. 25 And I think what you've seen here is the reality of our U.S. Legal Support 1 www.uslegalsupport.com 114 to 117 Planning, Zoning and Appeals Board - May 6th, 2026 Page 118 1 community. We're families, we care about what will happen with 2 traffic on our street, with commercial intrusion. We like 3 theater, right? It's -- it's not correct to -- to paint us as 4 an organization that is anti -theater. I think you also see a 5 little bit of -- of how we have felt that this development 6 project has approached our community. We've been called 7 blighted, we've -- it's been implied that we are inconveniently 8 in the way of people that want to go to theater. And I would 9 like to remind everyone that we're really asking just for five 10 reasonable things. 11 I would also like everyone to know that we have read 12 the County's application very, very carefully. We are not here 13 to proffer misinformation or to spread rumors. There is a lot 14 of rental office space in the parking garage that will 15 absolutely lead to increased commercial activity, and that is 16 just one of the things that we've been talking about tonight, 17 that is not just something that we're pulling out of the air. 18 You've heard us talk about how we feel under attack as a 19 community from commercial developments that are all around us. 20 The irony to us is that, in this case, our own government is the 21 developer. And when we have worked with private developers in 22 the area, and when they have been granted permission to develop, 23 we've received a binding community benefits agreement from them 24 that would address many of the similar concerns that we are 25 expressing tonight. And for some reason, when the -- the Page 120 1 of these organizations have cane together in agreement on this 2 issue. So I really thank you again for listening to us tonight, 3 and I'd like to share these with you. Dc I do that over here? 4 CHAIR: Thank you. Yeah. 5 MS. BERRIEN: Okay. Thank you so much. 6 CHAIR: Thank you. 7 Okay. So as promised, we're going to give the County 8 some time and kind of see where that -- that goes. 9 MR. KIRTLEY: Thank you, Mr. Chair, and, you know, 10 thank you to everyone who spoke on both sides tonight. We 11 appreciate, you know, hearing from everyone. I just want to 12 make, like, three points, and then I would like, you know, 13 our -- our staff to -- to elaborate on some more of the 14 technical aspects in response to what -- what has been said. 15 First of all, regarding the ownership of the property 16 that was alluded to by Mr. Winker, this is a State of Florida 17 property. As many of you may know, we are under a long-term 18 lease, a 50-year lease, with, I think, two 25-year term 19 extensions, so up to 100 years. And when that lease was 20 approved, it was pursuant to a business plan, which we were 21 obligated to pursue, and this is -- you know, this is part of 22 that effort, and -- and the City is aware of that. 23 In regards to the green space, I just wanted to make 24 sure that, you know, my statement earlier was clearly 25 understood, which is, yes, I realize that the 30 required -- 30 Page 119 1 developer here is our own County, our own government, we are 2 not -- we are just told just to trust them, go along with it. 3 We're asking for a binding agreement or that this be written 4 into the plans so no commercial intrusion into our communities, 5 please. 6 We would like a beautiful wall, the same as other 7 wealthy communities have surrounding us. We would like a clear 8 traffic study. We are wanting a study to know what happens with 9 traffic and the traffic plan that accompanies that. We're 10 asking for fair employment and wages for Village West. Access 11 to the cultural organizations with our -- in our community to 12 this cultural campus, and that bringing in of the cultural and 13 historic legacy of the community through signage and other means 14 into this property. 15 I have to share with you a position statement that's 16 signed by our organization, Preserve the West Grove, as well as 17 the Grove Ministerial Alliance; they were here tonight 18 representing all of the communities of faith and churches in 19 historic Village West. Also, Homeowners and Tenants 20 Association, HOTA, has signed. You heard before from the Grove 21 Village Council, and also GRACE that is here to argue and 22 protect our community in favorable of -- or in favor of 23 affordable housing. So I'll share this with you. This is the 24 one of the only times, if not the only time, that I know of 25 since I've lived in this community for about 20 years that all Page 121 1 percent required is more than the 14 we're asking for, but my 2 point was simply that, historically on the property, there was 3 not much green space, and what we're endeavoring to put there 4 now is much more green space than has been there. And, yes, it 5 does not meet the requirement of the 30 percent; we recognize 6 that, that's why we're requesting the waiver. But we're trying 7 to accommodate as much green space as we can while also 8 accommodating everything else within this -- within this 9 footprint. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Last thing, on the -- the HEPB board continent, we did get HEPB approval for this project in 2019. That -- that was what we were litigating when we -- when our previous approval here expired. We have that HEPB board approval, and the reason that the plan is so substantially similar to the original one is because it's really important to us that we stay within the scope of that plan. Going back to HEPB is a recipe for the spin cycle. We cannot be going back to this board, back to HEPB, back to this board, back to HEPB. We've got to get this done, and we want to stay within the scope of what we previously had approved, and so that has also guided a lot of the decisions that have been made with this particular application, and we would just ask the board to be sensitive to that. And with that, I would like the director to speak, and then perhaps also our architects to answer some technical questions. U.S. Legal Support 1 www.uslegalsupport.com 118 to 121 Planning, Zoning and Appeals Board - May 6th, 2026 Page 122 1 MS. THOMAS: Hi. Thank you all so much. And thank 2 you to the public, you know, for coming out to voice your 3 concerns. And so we did meet with Commissioner Regalado; we had 4 a webinar to talk about these five community benefits. So I 5 just kind of want to address that. And I also just want to 6 address -- you know, it was said, you know, for civic use; a 7 part of the lease that the State has with the County is that the 8 theater must self -sustain itself. So a part of our requirement 9 with our lease with the State is that the project does not 10 become a burden to the State, and that is in response to, in 11 2004, the Coconut Grove Playhouse fell into bankruptcy, and the 12 property fell into neglect. And the County worked to pay for 13 all the liens that were on the property and to bring the 14 property back to a state that could actually be -- be 15 constructed -- reconstructed and renovated, and worked with the 16 community on this plan. 17 I know that it feels like the County made this plan in 18 a vacuum, but this plan was with community input, hundreds of 19 hours of community input. It's been two decades, just about. 20 So the plan that got approved in 2018 that continues to go 21 forward was made with the community. The community has changed, 22 and you can see maybe some of the people who were in that very 23 beginning of historic West Grove looked very different. That 24 first group said no wall, you know. And I said this in a 25 community meeting with Anthony and Courtney. Another -- if we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 124 whatever you want; we still have to, as we've done over and over, go through rigorous processes of permitting, review, and approvals. But in order for us to build what needs to be billed to support theater revenue to support public parking -- a gentleman spoke about too much parking on his residential street right now; that public parking is -- that garage is going to alleviate some of that. So the close -- the close -- the sooner we get to those permits, the sooner we can help resolve some of those challenges. So to the five points, so it's commercial intrusion, and we'll talk to that. The wall, again, like, we can talk about that. Again, we have HEPB board requirements, so in -- in the event that it does not trigger anything to help, we can talk about what that condition could look like. But I want to reiterate to the board that this plan and the community said they wanted access -- they don't want segregation to continue in the way in which it had. And so that back side of the Coconut Grove Playhouse would not be facing at -- they would have access at -- through the public park and through those public walk spaces. And so to the -- so that speaks to that, that portion of it. Fair business and equal opportunity. So the nonprofit will be managing Gable- -- GableStage is the nonprofit that will be managing the operating space. There's always a -- an imp- -- contemplation about hiring local, that's something that we do in Page 123 1 put that wall there, another 70 people will come out and say, 2 this is not the plan that we approved. And so we have a lot of 3 competing priorities that we have to look at. 4 The architect is going to talk to the traffic that was 5 talked about on Charles Avenue and how we have a curb cut so 6 that it doesn't go into the residential space. The part of 7 Charles Avenue that's impacted, there's a hotel and a bank, and 8 we move into the space. But our architect will show you exactly 9 that; he'll show you exactly how much of the square footage of 10 retail will be there. And I just do want to clarify to the 11 point that the office space is all -- it's rentable space. It's 12 a revenue portion that is needed. So just to clarify, it's not 13 all for Gablestage, and he can speak to that as well. So I just 14 wanted to -- just to clarify that. 15 And then just to those community points, so no 16 commercial intrusion. Again, my architect will show you where 17 that tree lining is and how we've mitigated for commercial 18 intrusion of that service area onto Charles. A clear traffic 19 mitigation plan. So in 2018, we did have a traffic plan 20 completed, and it was approved by the City. So that plan has 21 been completed. If needed as a condition for an update, you 22 know, we're happy to discuss that. These approvals -- and I 23 just remind everyone here in the public that the approval of 24 these exceptions and waivers allows us to go to the permitting 25 process. So this is not a go ahead carte blanche and do 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 125 Miami -Dade County. I'll say it like that -- there will be reasonable effort to promote job openings within the local community. Commissioner Regalado did speak to this at our -- at our webinar last week, but within the extent of we -- what we can do within the law, right? So there's some practices within the law that we have to be permitted about hiring, right? 16e can't exclude anyone from opportunities or make it exclusive to one group or the other, that's -- that's not allowable by law. But we will work with the community, as stated in the webinar, so we did address this. We did address access to the historic Village West churches using the theater. The idea is that the local community will use the theater. The nonprofit is operating this space. They work right now with local schools. When the garage is built, there is a theater education center that's connected to the garage that allows them to take all of that programing that they're taking into the schools and allow the students to utilize the space for those educational programs that are already actively happening in the space. And so the last thing I want to say here is there are many competing priorities, and the County has had to address all of those competing priorities for this project over a long time. The community may feel like the County is not communicating, but the project has been in litigation over and over again with some of the people who spoke to night. So it ties our hands in a way where we want to have community meetings and share, but it's U.S. Legal Support 1 www.uslegalsupport.com 122 to 125 Planning, Zoning and Appeals Board - May 6th, 2026 Page 126 1 used to build a case against the County, even so much so -- the 2 webinar that we had, there are new requests from that group that 3 is outside of the scope of what public benefit is. And the last 4 part I'll say, because it goes -- is the County making a public 5 benefit; we do see that parking as a benefit. I'm happy to hear 6 that people want theater. As a thespian, you know, I'm happy 7 that people want theater to be there, you know. And the food 8 and beverage is for people who are going to the theater. The 9 boutique retail space, which our architect will speak to the 10 amount of space, you'll see that it is not a mall, you know. 11 We'll provide those revenues needed for the theater. And the 12 office -- and the office spaces, again, allow us to can- -- make 13 our commitment to the State, which said, hey, this project 14 cannot become a burden to the taxpayer again. It cannot see 15 bankruptcy again. And so these are the ways that we've been 16 able to really solve some of those challenges and priorities. 17 And so I'll just have Alejandro cane, and we'd like to 18 just show a slide so it'll give you just -- 19 CHAIR: Please. 20 MS. THOMAS: -- an idea of what the project looks like 21 from those spaces. We're willing and open to work with the 22 community, and we continue to be that. So thank you so much. 23 MR. GONZALEZ: Good evening. Alejandro Gonzalez of 24 Arquitectonica. And can we get the -- 2900 Oak Avenue, so we're 25 here in the grove as well, just a few hundred feet away from -- Page 128 1 Going back to this, within the front building, the 2 historic building that's been restored -- or that will be 3 restored, excuse me, we have on the ground floor, being used as 4 those small retail spaces that originally existed, 2,600 square 5 feet of retail space there. And, above, similarly to how it was 6 used before as well, some additional office space there that we 7 understand GableStage may be occupying as well in support of the 8 theater functions. 9 So just to further emphasize this quickly, on the -- 10 on the plan, you'll see here all of this is theater space. This 11 area here is the existing historic building that's being 12 preserved, so those 2,600 square feet. And then along the 13 garage, there's liner both at the ground level and above. So 14 this is the extent of the commercial space in this project. 15 These are those offices that I mentioned as well and community 16 spaces that will be facing the pocket park. 17 Just to speak a little bit about the green space and 18 how we're fronting William Avenue, Abitare Slay, and Thomas, 19 you'll notice that the bulk of the landscape, by no coincidence, 20 by design, is along those frontages with a significant amount of 21 green and trees to be able to have a nice liner against the 22 neighborhood. We've also extended the sidewalk there as well. 23 So you can see how the bulk of that landscape is adjacent to the 24 neighborhood in response to a lot of the feedback that we got 25 originally when we started working on this about 10 years ago. Page 127 1 from the playhouse, so it's -- it's -- this in our neighborhood. 2 So -- we're good. 3 I just wanted to cover a few of the issues we've been 4 hearing this evening and just show you how these have been 5 implemented in the plan and what they actually reflect. So 6 we've been hearing a lot of comment about the areas. So just to 7 be very clear -- and this is what's been submitted to the City 8 and documented and previously approved. So you can see here the 9 theater makes up about 30,000 square feet; I'm rounding these 10 numbers, but 28,172. The parking structure is about 114,000 11 square feet. So these two functions here make the bulk of this 12 project. In addition to that, as a requirement of Miami 21, as 13 we all know, we do have a liner. We have an office liner on the 14 garage. It's a -- it's three stories. That conceals the garage 15 from Main Ave- -- Main Highway, excuse me. And that's about 16 21,000 square feet that's divided in three levels. 17 On the opposite side, facing the West Grove, there is 18 a very small space that supports the theater that some have 19 mentioned will be an opportunity for the community to use for 20 learning spaces, et cetera. That's about 2,600 square feet. 21 That's immediately adjacent to that pocket park, and I'll show 22 you in -- in the plan here in a moment. So that's about a 2,000 23 square foot space here that's going to have classrooms and 24 offices that face this pocket park that's been designed along 25 Thomas and Abitare Way. Page 129 1 As Ms. Thomas already mentioned, there was a strong 2 desire to have a connection from the West Grove back to Main 3 Highway and not close this off at that time. And then through 4 all the work that we've been doing, working with the County, the 5 City, and the residents, and along that connection from the 6 neighborhood to Main Highway, which is pedestrian only, we also 7 have that green space, which buffers between the building 8 facades and those -- and this pedestrian path. So you see that 9 the green space that we do have that we can implement is along 10 those frontages for that purpose. 11 Some of the challenges that we do face here have a lot 12 to do with the existing building, so the impermeable surfaces. 13 If you look at the -- the frontage along Main Highway, which is 14 the area that's -- that's calculated in that, the bulk of that 15 is an existing structure that we cannot change. So, again, 16 that -- that specific exception is a function of that existing 17 historic building that we are restoring as well. 18 And then, lastly, just to cover the issue of vehicular 19 ingress and egress from the project, you'll note that all of the 20 access for the garage is directly off of Main Highway in and 21 out, as is the existing parking lot that's been there and served 22 the site for years. We do have a service -only entry off of this 23 portion of Charles that allows for the service of the playhouse 24 to be able to be accessed from this point off of Main Highway. 25 We very specifically worked with our traffic engineers and the U.S. Legal Support 1 www.uslegalsupport.com 126 to 129 Planning, Zoning and Appeals Board - May 6th, 2026 Page 130 1 engineers at -- for the project to design this in a way so that 2 the trucks can make a right turn in, and would have to turn out. 3 And you'll notice that the curb cuts have been designed 4 specifically to deter anybody from making a turn into the 5 neighborhood. So the two vehicular access points that we do 6 have are off of Main Highway for vehicles to park in and out of 7 the garage, and then for the servicing of the playhouse, it's 8 completely concealed with vegetation, and -- and these buildings 9 that service the playhouse are off of this portion. And all the 10 traffic is intended and designed with the curbing to promote all 11 of that traffic to go back out to Main Highway and not into the 12 residential area. So, hopefully, that's clarified a few of the 13 points that we've heard tonight. 14 CHAIR: Really quick, on the -- the truck access on 15 Charles, how large trucks can get in, and would they have to 16 back out? Because I didn't really see a -- a turn around. 17 MR. GONZALEZ: Yeah, so we -- we actually -- I'll pull 18 it back up on the screen. Ole do have a T-turn here, so these 19 trucks are designed -- these are box trucks that are designed to 20 be able to back -- 21 CHAIR: I see. So it's, like, a -- it wouldn't be, 22 like -- if there was some sort of production, it would have to 23 be a box truck, like, a 26-foot, like, it couldn't be an 24 18-wheeler -- 25 MR. GONZALEZ: No, we can accommodate larger trucks Page 132 1 MS. THOMAS: -- although it's Broadway -- 2 CHAIR: Also a theater -- theater major myself. 3 MS. THOMAS: Yes, yes, I was going to say, it's a top 4 tier theater. I'm happy to hear that. A Broadway theater. The 5 size production and those -- those kind of trucks would not be 6 necessary or needed for the operation of the theater and the 7 size of that space. But we did know that we needed to make the 8 space large enough in -- in the event that we needed an 9 18-wheeler at any time to move in. 10 CHAIR: Thank you. Thank you very much. 11 Okay. Mr. Winker. Absolutely. 12 MR. WINKER: (Inaudible) -- appreciate your time. 13 CHAIR: Yep. 14 MR. WINKER: I wanted to correct a few statements. 15 One, the -- the County has stated that the HEPB board approved 16 the certificate of appropriate -- appropriateness in 2019 -- I'm 17 sorry. The County attorney stated that the HEPB board approved 18 the certificate of appropriateness in 2019; my understanding is 19 that's false, that the -- it was actually disapproved, and they 20 were ordered to came back to the HEPB board. That was appealed; 21 you saw it on their timeline. It was appealed to the City, to 22 the commission, and it was overturned. So the idea that it was 23 ever approved, I just want to be clear that you're not -- you're 24 not -- that that is -- that's not what happened. 25 Two, the idea that the lease somehow exempts the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 131 here. CHAIR: Oh. MR. GONZALEZ: We can accommodate larger trucks, and we have all the maneuver -- maneuverability studies that support that. CHAIR: I see. That's what the -- MR. GONZALEZ: Yeah, that's what this is here as well. CHAIR: Okay. MR. GONZALEZ: So the truck would be able to come in here, back in -- CHAIR: Back in and -- MR. GONZALEZ: -- and turn out. CHAIR: Okay. Thank you. MS. THOMAS: Just to -- just to speak to that question to the Chair, so the 300 seat -theater, when you think about the type of productions that are going to load in there -- because although we do have access for larger trucks in that way, it -- it serves itself to not meeting those types of trucks, because of the size of the theater. CHAIR: Right. MS. THOMAS: -- that's not -- you're not going to have a -- CHAIR: Smaller production. MS. THOMAS: -- Broadway production -- CHAIR: Sure. Page 133 1 County as lessee from the City's own requirements to have the 2 owner, the State of Florida, execute, one, an authorization to 3 act from the State of Florida, and, two, a notarization -- I'm 4 sorry, a notarized hold harmless agreement is -- is -- they've 5 admitted they haven't done it. And I think it's important when 6 you look at the lease, the lease provides at Section 8 that 7 Lessee is to notify Lessor in writing of any changes that alter 8 the original management concept included in the plan. Lessee 9 shall give notice -- Lessee shall give Lessor reasonable notice 10 of the application for and receipt of any state, federal, or 11 local permits, as well as any public hearings or meetings 12 relating to the development or use of the leased premises. It 13 says the opposite of what the County attorney is saying. 14 They're supposed to notify the State. Procedurally, they have 15 not complied with the requirements. It would be like me coming 16 in here and -- and leasing my law office and asking you guys to 17 authorize me to demolish something without having the owner's 18 approval. They have not complied. That's reason enough alone 19 for you to deny this application. 20 The County stated they have met with this community; 21 you heard the community, that is false. Everything that's been 22 asked for today was asked for, as far as I can remember, back in 23 September all of these items were asked for. This is not a 24 moving -- we're not moving the goalpost. We've asked for it; 25 we've received no response. U.S. Legal Support 1 www.uslegalsupport.com 130 to 133 Planning, Zoning and Appeals Board - May 6th, 2026 Page 134 1 Finally, the County did correct the statement by the 2 director of GableStage and his attorney about the commercial 3 space. Our numbers are correct. 37,000 of commercial space, 4 28,000 in theater space. 0f course, their statement that 5 GableStage is somehow going to occupy 37,000 -- 6 CHAIR: Well, we -- we've already -- 7 MR. WINKER: Yeah, I just wanted to make sure. 8 CHAIR: -- heard the correction on that, yeah. 9 MR. WINKER: Thank you, everybody. 10 CHAIR: Yeah. Yeah. 11 Okay. Go ahead. 12 MR. KIRTLEY: Last thing, I promise. 13 CHAIR: Yeah. No, no, no, no, I think -- I mean, if 14 there's anything that he said that you say is different -- 15 MR. KIRTLEY: Thank you. I will let County staff 16 speak to the -- the points about the -- you know, the 17 particulars of what the City may have asked for, required of us, 18 and what -- what our communications have been with the State. 19 They have the most knowledge of that. 20 I -- I will just say that in regards to the -- the 21 certificate of appropriateness, this is in your staff kit. The 22 2019 -- Mr. Winker is correct, it was denied by the HEPB Board. 23 It was appealed to the City Commission. It was approved by the 24 City Commission. The -- the City mayor vetoed that approval, 25 which was not overwritten. We challenged that by certiorari in Page 136 1 CHAIR: -- it was the commission, not HEPB. That 2 technic- -- technically is correct. 3 MR. KIRTLEY: That is correct. That is correct. 4 CHAIR: Right, okay. 5 MR. PARRISH: Since -- since what I said is being 6 questioned, can I just add something? Yes. The certificate of 7 appropriateness for the plan that was submitted to them was 8 approved, and then it went through this veto and everything. 9 But then afterwards -- and Lynn Lewis was the vice chair at that 10 point, she wrote to the State and said, what's going to happen 11 if this happened, and the State wrote back and said, if -- if 12 you go ahead with the County plan, you're going to lose your -- 13 your national historic designation and probably your -- your 14 statement, and -- and that was when the HEPB board specifically 15 asked for the final plans; not the interim plans, not the ones 16 that were submitted, they asked specifically for the final plans 17 to be brought back to them, and that has never happened. 18 CHAIR: Is there anything you -- you could speak on 19 that? 20 MR. KIRTLEY: We -- we don't believe that is accurate. 21 We have gotten the approval for the final plans, and that was 22 what I spoke to earlier just a moment ago, and that is why we're 23 trying to stay within the scope of that approval. 24 CHAIR: Understood. So -- 25 MR. KIRTLEY: Those were the final plans. Page 135 1 court and prevailed. And the veto was thereby quashed, 2 reinstating the City Commission's approval of the certificate of 3 appropriateness. .And that was detailed as well by your staff. 4 I just want to make sure that -- that everyone's clear on that, 5 that point of history. 6 CHAIR: Right. 7 MR. KIRTLEY: And so I would just like Ms. Thomas to 8 speak to the -- 9 CHAIR: So it is -- sorry, but just to clarify, it is 10 fair to say that, ultimately, HEPB was not the approving body, 11 it was the City Commission? 12 MR. KIRTLEY: That is correct, but it was the approval 13 of the certificate of appropriateness -- 14 CHAIR: Right, no, I mean, it's -- 15 MR. KIRTLEY: -- under the -- 16 CHAIR: -- it is the certificate of appropriateness, 17 but it wasn't actually done by HEPB. It was definitely not done 18 by HEPB; it was done by the commission. 19 MR. KIRTLEY: Right, pursuant to the appellate 20 process -- 21 CHAIR: Right, right. 22 MR. KIRTLEY: -- it -- yes -- 23 CHAIR: Legally found to be sufficient by the 24 appellate court, but -- 25 MR. KIRTLEY: Correct, yes. Page 137 1 CHAIR: -- the -- the -- what you referenced as being 2 not wanting to -- you want to make sure that these are minor -- 3 or what you are presenting as minor changes is to keep it within 4 the scope that was already approved by the commission. 5 MR. KIRTLEY: That is correct. And -- and that was 6 our final -- 7 CHAIR: Under that certificate of appropriateness. 8 MR. KIRTLEY: Right, the -- the previous approval that 9 we had before that was called the master plan approval, and that 10 was the 2017 approval. 11 CHAIR: Got it. 12 MR. VINCIGUERRA: I'll -- I'll be very brief. I just 13 wanted to respond to -- 14 MS. THOMAS: I just -- I needed to address one other 15 thing -- 16 CHAIR: Please. 17 MS. THOMAS: -- Mr. Winker said. I'm so sorry, 18 Anthony. 19 CHAIR: Yeah, yeah, yeah. We'll -- 20 MS. THOMAS: So, the State, they have been notified. 21 Each year, the County is required to provide a progress -- an 22 annual progress report of everything that has happened. We've 23 already had a meeting with the State. They know who our 24 partners are. They're looking forward to meeting our parking 25 authority partner. So they're notified each step of the way. U.S. Legal Support 1 www.uslegalsupport.com 134 to 137 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 138 We've gotten no denials from the State from any of our progress reports that have been provided. So I just want to put on the record that the State is aware of all the plans. CHAIR: Okay. Thank you. Thank you for clarifying that -- MR. VINCIGUERRA: Just very quick -- CHAIR: -- those -- those points -- important -- thank you. MR. VINCIGUERRA: Thanks again. And, I'm sorry, I don't want to belabor this at all. I just wanted to clarify, it is possible that 20 years ago, someone mentioned that they didn't want this development to be cut off, but for at least five years, since 2021, when Commissioner Regalado gave her new presentation after election of this proposal, we've been meeting with every single individual within 500 feet of the playhouse, and there is not a single individual that does not want -- that does -- that wants it to be open. Every single individual within 500 feet of the playhouse, for the last five years -- and we've been expressing this, we can give the documentation. We've been telling the County this for five years, that that's -- the community's totally in union in -- CHAIR: It's -- I think it's definitely been -- MR. VINCIGUERRA: Yeah. CHAIR: -- been clear from who has showed up today -- MR. VINCIGUERRA: Sure. Page 140 1 with a cutout only to go right. That does not stop anyone; our 2 street is full of people going the wrong way. During 3 construction, it's been full of dump trucks, as you saw the 4 photos of. A little cutout is not going to stop during 5 construction. It's also not going to stop traffic for ongoing 6 activities. We've also worked with the City before on local 7 hiring processes that can be in place. 8 Again, we think all of these things are totally 9 reasonable. We've reached out to the County, as Ms. Thomas 10 knows -- 11 CHAIR: Can I -- 12 MR. VINCIGUERRA: Yes. I'll just say that, 13 repeatedly, repeatedly since September of last year, and have 14 not been able to engage in meaningful dialogue. So we hope the 15 County's serious, and that they'd be willing to put this in a 16 binding agreement. 17 CHAIR: Un- -- understood. 18 I just want to say one thing at the start of when -- 19 when we start now deliberating. There's one thing that's really 20 clear, just from physically being in the grove in that area, and 21 seeing your presentation, I think is -- is helpful, but, I mean, 22 you only have to be there to see it, is that I think there 23 probably were a lot of missed opportunities to set a tone once 24 the demolition plan was -- you know, once that was going to 25 happen. And just even myself walking with my kids and -- and, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 139 CHAIR: -- that that is the will of the current -- MR. VINCIGUERRA: Community. CHAIR: -- general residential makeup -- MR. VINCIGUERRA: I'm just saying it's -- it's been at least five years. CHAIR: -- but I think it's fair to -- I think it was a fair -- just -- if you want to talk about it. I mean, it was a fair point, because in my head, I'm thinking, well, I'm sure someone at some point was like, we need to open this up to the entire community and not cut it off. So I think that's a totally reasonable response in a person's head to say -- MR. VINCIGUERRA: Uh-huh. CHAIR: -- why -- why -- why would you want something cut off? MR. VINCIGUERRA: Sure. Although the plans at that point were not -- there was litigation happening about demolition. The plans of what was going to be built were not clearly conveyed to the community. And so when those plans were clear, and we saw the amount of commercial activity that was going to happen, that's when we began meeting with people in 2021, and, uniformly, everyone said, if there's going to be commercial like that, we need to be protected from it. The other quick item I want to mention about traffic, we appreciate a little cutout, but if any of you after the meeting want to go to Charles Avenue, it's currently one way Page 141 1 you know, no wayfinding about where the sidewalks going to cut 2 off, and -- there's a sort of -- and it's not the only place, 3 right? It's not the only place that us as -- as residents deal 4 with the lack of uniform application of -- of what you're -- how 5 you're supposed to treat construction sites and -- and 6 construction vehicles, and when they can shut down a road, or 7 shut down a road by, you know, just making it impossible to 8 pass, even though they don't actually -- necessarily that they 9 have the right to shut down the road. There's all those types 10 of things, and -- and so I think that it sets a tone for 11 conversations like this to kind of go -- to get a little -- veer 12 away from the hard facts, you know, because it's also very 13 helpful that we get to see the architectural detail, and to 14 understand, I would say that, you know, the size of this 15 commercial space, you know -- when you're talking about 2,000 16 square feet of ground floor, 2,500, 3,500, you can barely do 17 anything, you know, in a 1,200 square foot space; you could 18 maybe do something in a -- you know, and if they're divided up 19 into these small spaces, these are consistent with a more -- 20 it's almost -- what's the -- the building in Center Grove where, 21 like, Chug's and all the -- the little square super old retail 22 building, those tiny little retail spots -- 23 MR. VINCIGUERRA: But the total commercial is over 24 35,000 square feet, though. 25 CHAIR: Right, but we're talking about ground floor, U.S. Legal Support 1 www.uslegalsupport.com 138 to 141 Planning, Zoning and Appeals Board - May 6th, 2026 Page 142 1 and I think there was a valid concern that if this was going to 2 be CocoWalk opening up to a neighborhood with all sorts of 3 revelry and that kind of thing, but it's -- it's -- it's not big 4 enough. It's not big enough. The commercial spaces on the 5 ground floor are too small to -- to -- to kind of create that 6 kind of -- it's -- it's not -- it's just not going to -- you 7 can't fit that many people. 8 MR. VINCIGUERRA: We don't believe that -- 9 CHAIR: Well, you -- believe it -- 10 MR. VINCIGUERRA: -- because we know -- 11 CHAIR: -- from a person who opens restaurants and 12 bars that you need back of house, you need bathrooms, you need 13 storage, you need a kitchen. And by the time you have the 14 bathrooms, the storage, and the kitchen and all that stuff, 15 there's barely any space left. 16 MR. VINCIGUERRA: Just to be clear, Preserve the West 17 Grove, we would like to be more civic oriented; however, we 18 understand if there is going to be this amount of commercial on 19 it, including all of the office space, including the restaurant, 20 including the retail, and the facade, we just want to make sure 21 we're protected from it, and we do feel like that's reasonable. 22 CHAIR: It's a reasonable -- that's what I'm saying, 23 that is reasonable, but let's be reasonable about what -- what 24 you are protecting yourself from, and -- and -- and I think 25 describe it -- describe it accurately and to -- to use facts -- Page 144 1 community engagement here can be enhanced. I think the County 2 has resources for that, and you can hold those forums, and you 3 can hear from the neighbors, and you can hear from other 4 participants in the community outside of these -- these -- this 5 forum, and -- and -- and take those -- that input into your 6 plans a little bit more concretely. 7 My sense is that there's another -- a number of 8 conditions that we would want to have if we were to move forward 9 with this. And just to add a few -- and I'll -- I'll pass it, 10 because I'm sure I -- I want to hear from the rest of the board, 11 but a traffic study seems very reasonable here. I'll let those 12 experts opine on what's necessary, what roads to block, a new 13 light wall, a barrier. But that's absolutely necessary here. 14 I happen to be a historic developer; that is, I buy 15 landmark buildings and -- and rehab them, and so I can speak 16 with a little bit of -- on the technicality. My -- my sense is 17 that this project, it's historic integrity, can be enhanced. 18 And I would like to see HEPB weigh on -- weigh in on this. I 19 understand it's another regulatory body, it slows the process 20 down, that would be unfortunate, but I -- I do think that 21 there's -- there's items here that can be enhanced. It probably 22 wouldn't cost that much. I think the statement piece of the 23 restored primary theater facade is just so wonderful that 24 you've -- you're most of the way there already, and just a 25 few -- maybe not a full review from HEPB, but some -- some light 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 143 the same that you want facts in terms of traffic, you have to be factual about what it takes to even legally open a place in the city of Miami. Even a bookstore with a bathroom is going to be -- MR. VINCIGUERRA: No, again -- CHAIR: -- you know, it's just all the things -- MR. VINCIGUERRA: And in the same way being realistic, we do feel like -- just to be honest, we all know how people drive in Miami; a little curve out is not going to stop the construction trucks. I mean, that's just -- a -- a traffic plan is -- is reasonable. CHAIR: Sure. Again, I think a bunch of folks have intimated -- MR. VINCIGUERRA: Thank you. CHAIR: -- that a lot of the things that are being asked for, there's got to be some give, and there's probably some way to get there, so -- but I'm going to stop talking. I'm sorry. I'm going to start on the right over here, and -- and -- MR. PATINKIN: Okay. Well, based on the input tonight, I can -- I think we can all admit that the civic process is working, so that's good. Look, I think it's a great project, and I'm -- I'm really thankful for all the people that came out tonight and gave their perspective and their input. It was helpful for us to hear. And I -- I think the main takeaway there is that the Page 145 1 interaction with them is necessary here. 2 And I -- I do think that the green space waiver is 3 legitimate to go down below 30 percent. Seems like we're still 4 getting more than we're -- we have right now. I would -- I 5 would -- the grove is its canopy, right? Let's -- let's get 6 some large tree specimens, some native trees, old oaks, banyans; 7 I think that's a commitment that can be made here. 8 And then fair wages for the local community is 9 something that you guys have said is already in the plan, so it 10 might as well be a condition here too. 11 But I'll -- I'll pass it there. That's a lot of stuff 12 I just added, so -- 13 CHAIR: Thank you very much. 14 MR. MANN: Yeah, this is a little more complicated 15 than I thought at first. I have -- I agree with my -- my board 16 member who just spoke that -- that there's good -- so some good 17 elements in this plan, but it does not -- it's not a good plan. 18 It does not look like the grove, it doesn't feel like the grove, 19 and it's not going to work for the grove. 20 I have some questions for -- for everybody here, and 21 I'll try to be as -- as brief as I can. I see that there's 22 rooftop parking, and that's on the third or the fourth floor; 23 can somebody from the architect answer that question? Rooftop 24 parking, is that going to be the fourth floor, technically, or 25 the third floor? You've got underground, and then you've got U.S. Legal Support 1 www.uslegalsupport.com 142 to 145 Planning, Zoning and Appeals Board - May 6th, 2026 Page 146 1 three floors, and it says typical on top of that, then you've 2 got a rooftop on top of that. 3 MR. GONZALEZ: Well, the -- the garage is open roof, 4 so you're parking on the last -- 5 NR. MANN: You're going to have -- and that's how high 6 off the ground now? It's -- 7 MR. GONZALEZ: It's got the data -- 8 MR. MANN: -- 50 feet off the ground. So you're going 9 to have cars on the roof 50 feet over the ground in a T3 10 neighborhood. That does not sound like the grove to me. That's 11 just Point Number 1. 12 Point Number 2, originally, somebody -- I'm -- I'm 13 sorry, I'm not as good with names as I used to be, but the 14 gentleman with the blue suit there mentioned that -- that there 15 was going to be a significant -- a significant amount of office 16 for the playhouse itself, for the theater itself. I thought 17 that was, oh, okay, well, they need 28,000 square feet of 18 office, oh, that's -- that's -- that's a big production. But it 19 turns out that they're just taking a little corner off the 20 north, which means that this project is a commercial project. 21 Then representative from the County then says, well, we have to 22 follow the rules that were given to us by the State. One of 23 them is that this has to pay for itself. So, obviously, the 24 commercial element is to pay for the playhouse. 25 Now, the point here is to get the playhouse back Page 148 1 commercial. But I don't have the numbers in front of me, so 2 that probably wouldn't fly. If you really do need the 3 commercial aspect to make the playhouse fly, we got a problem 4 here. At least what you can do is make that development look 5 like the grove, because it does not look like the grove now. 6 And I've seen a lot of renderings in the -- in the 12 or so 7 years that I've been on this board over two different sections, 8 and -- and I don't think I've ever seen a development that looks 9 more out of place than this one. 10 So I -- I -- I'd love to see -- as my fellow board 11 members suggested, I -- I don't want to see this -- I mean, it's 12 been how many, 20-some years, 23 years, 22 years, that this has 13 been going on, but I think another two to four weeks is 14 reasonable to have a look at this and see, how can we make it 15 look more like the grove, how can we scale it down somehow so 16 that we don't have rooftop parking 50 feet over the -- over -- 17 over the street. That's over the trees. And that -- that just 18 doesn't belong in the grove, unless you're intending to change 19 the grove. And we know that in this city, changes happen 20 without due process sometimes. I mean, the -- the -- this city 21 has -- it -- it has a habit of going in the direction it wants 22 to go without really showing their hand, so -- but I don't think 23 that's going on here. But this will change the character of the 24 grove. And I understand exactly why all the Grovites are so 25 upset about it. But everybody wants the playhouse, and Page 147 1 working. Everybody wants the playhouse. I think everybody 2 wants parking. Only the County wants the commercial aspect. 3 Only the County wants the restaurants and the boutiques and 4 three floors of offices abutting T3 in the middle of the grove. 5 Now, since when does this board approve that? And I know that 6 if this goes back to the HEPB board -- please, please, please -- 7 I know the HEPB board, and I know some of the members of the 8 HEPB board; I know they would love to get their teeth back into 9 this, because I think that they would insist that this looks 10 more like the grove, because the renderings you have here looks 11 like it belongs Brickell, anywhere else, but not in the heart of 12 the grove. And those streets cannot take three more stories of 13 office spaces. It -- they -- it just can't do it. 14 Now, if you've got 300 seats in your -- in your 15 theater, how many parking spots do you think you need there? 16 Maybe 150. How many people go to the theater alone in their 17 car; they usually go with a group. And if they're local, 18 there's other ways they can get there. So for the -- for the -- 19 the playhouse itself probably only needs 100 parking spots, 20 maybe even less. So the bulk of this project is commercial to 21 be able to afford the playhouse, and that is the problem we have 22 here, that you -- you got to take the bad in order to get the 23 good. So how are you going to balance that? 24 To me, it would be super easy if you could just say, 25 okay, yes to the playhouse, yes to the parking, no to the Page 149 1 everybody wants parking. 2 So I 'sill vote for anything -- and I think that Mr. -- 3 Mr. Corben had a -- had -- had some good points there. Anybody 4 who was recently quoted in The Economist probably has some good 5 points to listen to -- to be listened to. I think that if you 6 reduced the office and didn't need the fourth floor, the rooftop 7 parking, if you -- if you reduce the parking and you reduce 8 the -- the -- and the public -- I mean, I think our -- our -- 9 our Chair is absolutely right, you -- you -- this is not a whole 10 lot of retail, and you can't fit a whole lot of retail in this. 11 So I -- I think that -- that that's nowhere near as onerous as 12 the commercial is. I think that you're squeezing commercial 13 into this project in order to be able to afford the playhouse. 14 So it's a real problem here, and -- and -- and 15 somebody's going to end up very unhappy. A -- a -- usually, the 16 gorilla in the room wins these battles, but -- but I would 17 listen -- I would -- I -- I would listen to any motion that -- 18 that addresses what I think is an excessively large parking and 19 office facility for this location, and -- and find some other 20 way to finance the -- the playhouse, because that's what 21 everybody wants, the playhouse and the parking. 22 So I think that in -- in the next two, three, four 23 weeks, I would say defer it until the -- the -- the HEPB board 24 can weigh in, even if it's not a formal process, and see -- 25 and -- and it's not -- I mean, maybe staff can -- can clarify U.S. Legal Support 1 www.uslegalsupport.com 146 to 149 Planning, Zoning and Appeals Board - May 6th, 2026 Page 150 1 this, it's not our business whether they're going to make money 2 or not, is it. 'That's -- that's not for us to be looking at the 3 numbers to see, do they really need a huge office structure in 4 the middle of a T3 neighborhood in order to make the playhouse 5 work. But somebody's got to know those numbers. And if it 6 absolutely cannot happen without the office space, then I think 7 that your team needs to make that really clear to the public; 8 you can get the playhouse, but you got to have the office space, 9 and you got to have the parking at this scale, otherwise, you 10 won't get the playhouse. So I don't think that's been made 11 clear to the public. 12 CHAIR: Thank you. 13 MR. COLLINS: I've been on this board about 12 years 14 now, and when I first became a board member, this was just 15 coming to this board, I believe, for the first time. And I 16 remember a representative of the County had individual meetings 17 with each board member on site. And the representative of the 18 County walked -- walked me through all the difficulties with 19 this building, from the elevation of the floor to the elevation 20 of the building, the slope of the floor, the quality and -- and 21 current status of the building. And I've seen it year over -- 22 year after year of the efforts that they tried to do to -- to 23 develop this. And there's a lot of moving pieces between the 24 historic component, the neighborhood, and I think that they have 25 given a valiant effort to try to come up with something that Page 152 1 MS. THOMAS: Yes, we can absolutely consider that as a 2 condition. If it's a condition of approval, we're happy to have 3 that, I think I'm supposed to say, within the existing 4 confinements that we have in our certificate of appropriateness. 5 So it would just have to stay in line of what has been approved 6 by that certificate of appropriateness, but we can. 7 MR. COLLINS: Yeah. And I think looking at the 8 landscape plan, I mean, there is a tremendous amount that you 9 guys are adding on the west side, and I can see the west and 10 north side that I -- I think is -- I'm not sure everyone is 11 aware of, but I think maybe some sort of natural element or 4 to 12 6-foot wall would go a long way. And I really did not hear 13 anyone in support of that pedestrian corridor, and I could see 14 that being problematic at certain hours of the day. So from a 15 safety perspective, that might be -- 16 MS. THOMAS: Okay. 17 MR. COLLINS: -- might be in everyone's best interest. 18 Those are my thoughts. 19 CHAIR: Thank you. 20 We'll take a break right after -- yeah, right, one 21 more person, and then we'll -- (inaudible). 22 MR. METOYER: So I do a lot of P3s with the County, 23 and I guess my take on it -- you know, I'm probably going to 24 either vote no or ask for you guys to do a deferral. And the 25 reason why I bring this up, because I have -- when I do projects Page 151 1 appeases everyone. 2 I don't think anyone -- I don't think a project like 3 this is ever going to have everyone on board, but I think the 4 effort has been there. And I think -- I think that this would 5 only be done by a -- a government entity, because any private 6 entity would, I'm sure, would not probably find this project 7 economically viable. I respect that they have an obligation to 8 the State to, essentially, at least break even. And at the end 9 of the day, we're all taxpayers of this property. So I 10 appreciate that the neighborhood has concerns. 11 I can say from a -- with a background in civil 12 engineering and traffic engineering that I do think, given all 13 the factors, that the site has been laid out and designed 14 appropriately, especially from a traffic perspective, with the 15 access coming off Main Highway. I don't really see much -- much 16 happening in the neighborhood. I am a little concerned about 17 the construction phase, but I'm sure that the City Public Works 18 will -- will review that. 19 I think hearing from the neighborhood, there was two 20 items that seemed really resounding to me that I think could be 21 added. One would be the closure of the pedestrian corridor, 22 and, number two, some sort of natural wall or feature along -- I 23 believe it would be the west and north sides. So I'm just 24 curious if that's something that the County would consider as -- 25 as a condition? It is a question, yes. Page 153 1 on County land, I have multiple, you know, meetings. I think on 2 my last project, it had over 22 with the community to get their 3 buy -in. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then, also, you know, just to keep it brief because it's late, you know, we're always required to do a community benefit program, so I'm a little bit amazed or perplexed that there's not one here when you guys require us to do community benefit, you know, program and agreements. So I would recommend that that happen, and, you know, have more community meetings with the -- with the community. I know this is frustrating. It's frustrating for me all the time, but it's -- you know, it's part of the job, it's what we have to do. So that would be my recommendation, that that happen. CHAIR: Thank you. Sir, you had a -- MR. ARMBRISTER: I didn't give my address. My name's William Armbrister. I didn't give me address before; it's 3260 Thomas Avenue -- !inaudible). But would it be asking too much, do you think, if we did not care to have the commercial traffic and pedestrian traffic roaming our streets? We -- we had -- on the next street over on Williams [sic], we had a guy wake up and go out to his car, and there was someone sleeping in his car in his yard, you know. But I think we -- but we're trying to avoid the -- the pedestrian traffic and the delivery and commercial traffic -- U.S. Legal Support 1 www.uslegalsupport.com 150 to 153 Planning, Zoning and Appeals Board - May 6th, 2026 Page 154 1 CHAIR: Sure. 2 NR. ARMBRISTER: -- going in the communities. And I 3 think that's -- that's respectable -- re- -- a respectable 4 request. 5 CHAIR: Thank you. 6 MR. ARMBRISTER: And I thank you all for contributing 7 your time here. And I thank God -- it's been nearly a decade 8 since I've been here before, because in times past when I was 9 living here, the -- the -- this board had a deaf ear to 10 listening. They would hear you, but they were not listening, 11 and that's why we have all the abutting traffic. All the 12 abutting real estate on Grand Avenue on both sides has turned 13 from residential to commercial. 14 CHAIR: Thank you. 15 MR. ARMBRISTER: Because even though we asked them not 16 to approve the zoning changes, they did it anyhow. And I 17 thought I'd just say amen -- just focus on being a full-time 18 husband. Amen. Bless you all. 19 CHAIR: Thank you. Thank you. 20 NR. ARMBRISTER: And neighbor. 21 CHAIR: And neighbor. All right. 22 NR. FERNANDEZ: So I've been on this board for one 23 day, so I apologize; it's been a very long day for me. But I 24 will say that I -- I've been a member of this city -- or of this 25 community since I was born here. I was born in Miami, and I can 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 156 MS. THOMAS: And just to -- to the parking height, the height of that matches -- what was required of the County was to make sure that the parking lot wasn't higher than any of the buildings surrounding, so it's actually equal height -- to the gentleman -- I think he stepped out -- equal height to the -- the -- the building that's adjacent to -- you. MS. MS. MS. MS. CAROLIS: Yes, I'm familiar with that. THOMAS: -- the property, yeah. CAROLIS: That -- that's not a concern. Thank THOMAS: Uh-huh. MS. CAROLIS: And I would like to ask staff or whomever can answer it, was this property ever thought through its process to be rezoned to fit the uses instead of doing five exceptions? Has this been contemplated? MR. NUNEZ: Efren Nunez again. What was the question? MS. CAROLIS: If -- if the City ever contemplated as -- instead of doing five exceptions to rezone the property to fit the uses that -- that are being claimed or requested. NR. NUNEZ: All I can say is that any development in any CI would require an exception. All development requires an exception. This property -- as previously stated in the presentation, the project has been before this board and to -- before the City Commission. The project is pretty much similar in scale. The project -- the property has not been considered 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 155 appreciate the civic process that has taken place today, and it's very interesting to see this from my point of view. So I'll keep this brief and defer to the rest of the board. I think one of the most prevailing things that stuck out to me, obviously, was the barrier. I understand that a study was done or -- or a different decision was made in 2018, from my notes here, but it seems like the general public would like that revisited, so I don't see anything wrong with that. Other than that, the -- the traffic study is not really unreasonable as well, to sit down with community members and talk with them about that. But those are the two things that pretty much stuck out to me. CHAIR: Thank you. MS. CAROLIS: Okay. So I'll start with a question. I see that we have 289 parking spaces now; what were originally on the historic property? What was the number of parking spaces on the historic site? MS. THOMAS: It's a -- it's a surface lot that's there now -- MS. CAROLIS: Yes. MS. THOMAS: -- so I would need to actually get that number for the historic space, but -- and the surface lot -- and I'm going to ask -- I'm sorry -- there's 160. There's 160 on the surface lot. Thank you. MS. CAROLIS: Okay. So -- Page 157 1 for rezoning. As with any development in CI, it's typically -- 2 MS. CAROLIS: Yes. 3 MR. NUNEZ: -- developed with a -- in accordance with 4 the most restrictive abutting transect zone -- 5 MS. CAROLIS: Okay. 6 MR. NUNEZ: -- which is what triggers the waivers and 7 whatnot. 8 MS. CAROLIS: Yes. Okay. 9 MS. STEINER: I think also -- if I can just add to 10 that, I think that it's important to remember, we think of 11 exceptions as something that's not already entitled, but to a 12 certain extent, exceptions are entitled. They're here so that 13 you guys can give ex- -- extra scrutiny and provide any extra 14 conditions that may be needed for those exceptions so that it is 15 contextual to its surroundings. 16 So when you think -- 17 MS. CAROLIS: Yes -- 18 MS. STEINER: -- about it that way -- 19 MS. CAROLIS: -- but we have an application today with 20 five exceptions, so -- but I understand that through the zoning 21 classification, anything would trigger an exception. The 22 question is five. Typically, we see a hospital, and it's for 23 that specific purpose, and then the parking is typically 24 ancillary to that use. So we don't have five standalone 25 exceptions in -- like we have in this case, which is a little U.S. Legal Support 1 www.uslegalsupport.com 154 to 157 Planning, Zoning and Appeals Board - May 6th, 2026 Page 158 1 bit concerning. And I think it has emerged all of these 2 questions about commercial and if it really belongs in the -- in 3 the application. 4 Because when I look at it, I see -- at the definition 5 of CI, it's -- it's a zone with uses pri- -- primarily dedicated 6 to functioning for community purposes, such as cultural, 7 education -- educational, environmental, government, public 8 transit -- transit, public facility, and religious facilities. 9 So we have -- we do have in the app- -- in this application 10 cultural uses, educational uses, and public parking, so those 11 would be governed under the CI definition. So what concerns me 12 is the uses that typically -- typically are not, and they fall 13 under different -- different -- 14 MR. NUNEZ: So for -- so, for example, some of the 15 retail might be considered an ancillary use to the principal 16 use. The principle use here is the theater, right? So you have 17 the theater that encompasses the largest percentage of your 18 square footage. The commercial component is anc- -- could be 19 ancillary to the principal use. 20 Also, as -- as we know in Article 4, Table 2, all 21 these -- any -- any development is -- is triggered by -- by an 22 exception. And other uses in any CI -- there are uses that 23 could be more intense uses, for example, you know, a major 24 facility or infrastructure and utilities or places of assembly, 25 as you mentioned. So there -- there could be greater, more Page 160 1 classification -- and this is my personal deviation from, you 2 know, an opinion, is that the zoning class- -- classifications 3 exist for a reason. And when we deviate, we know that we are -- 4 it's not the best path. And in terms of ancillary uses, yes, 5 but, you know, a -- a kitchen is an ancillary use to the 6 residence; you cannot have a residence without -- without a 7 kitchen. Parking is an ancillary use to a restaurant, because 8 the code requires parking for that restaurant to operate. Now, 9 other uses can be contemplated, not necessarily as an ancillary, 10 so I think there's a -- there's room there for us to have a -- a 11 deviation. Now, if this site, which was originally considered a 12 legal non -conforming structure -- and historic designated 13 structures are allowed to continue, right? Because they're 14 legally non -conforming structures. And the use is allowed to 15 expand by right for 20 percent or more -- 20 percent or less, 16 pursuant to 5725. 17 There would have been an opportunity to treat this 18 project differently. And I'm not discuss -- I'm not saying it's 19 your effort, I'm saying the process -- I think we can say that 20 -- we can agree that it suffered, that it -- it has been 21 excruciating. We have 20 years litigation, vetoes, HEPB 22 resolutions, City Commission squashes; I mean, you name it, we 23 had it. And the cost and time that this has incurred in 24 taxpayers is catastrophic. It is really a loss for the 25 community, for everyone. I think this project is a historic Page 159 1 intense uses. 2 I guarantee that staff in reviewing this project and 3 looking at the architectural and the scale of the project, and 4 keeping in mind that this project has gone -- I mean, as I went 5 through the timeline, this -- this is a lengthy process and 6 review of this process. And I can actually speak on -- on 7 having brought this project through the HEPB board, one of my 8 first projects in working in the City for the past 13-plus 9 years, this project has gone through a very thorough review. As 10 my colleagues have mentioned, there's been questions about 11 traffic studies. This -- there was a traffic study that was 12 originally submitted in the first phase of this project, when it 13 came through the multiple cycles. The board can request an 14 additional traffic study to be reviewed and approved as part of 15 an additional condition, should the board consider. 16 But as regards to the rezoning, there hasn't been a 17 request to or contemplation to rezone, because there is a 18 greater purview and a greater sense of -- of quality control 19 when we go through the exception process to review these 20 projects in CI to ensure that we have the appropriate level of 21 review and the appropriate conditions to ensure that we mitigate 22 any adverse impacts that we would consider when bringing these 23 projects forward to you for your consideration. 24 MS. CAROLIS: Okay. Thank you. I still -- I still 25 have -- you know, when they don't fall under the -- the Page 161 1 designated side, and if this has not been preserved as it 2 should, then I wonder what will be. 3 I think that this sets a poor standard on historic 4 preservation. I think that government is the most physically 5 resourceful -- resourceful entity to restore, and -- and they 6 have an obligation with taxpayers and cul- -- and for the 7 culture and the well-being of -- of everyone. And I think that 8 this application has failed in that regard. 9 I also think that as a board, and I want to bring 10 awareness to our duties here, that we will not be remembered by 11 how efficient we are with our vote. If we do this quickly, if 12 we -- if we move on, you know. I think that we -- we have a 13 responsibility to represent the voice of the local community, 14 the welfare of taxpayers, and if the honor -- if the code has 15 been honored, that is what we're here to do. These buildings 16 that will be built, they will postdate us, like any building 17 does, which is the beauty of architecture. And they will carry 18 history, regardless of how this application moves. But, 19 ironically, that same history that these buildings are going to 20 car- -- carry have been destroyed in this application, because 21 we lost heritage. 22 I also want to bring, since there were facts discussed 23 during this application, that -- I understand that the 24 development capacity of this project is 183,000 square feet, so 25 I want to -- U.S. Legal Support 1 www.uslegalsupport.com 158 to 161 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 162 CHAIR: I'm sorry. MS. CAROLIS: Yes. CHAIR: I think we have to extend -- MS. CAROLIS: I -- yes -- CHAIR: No, no, no, I'm saying for the meeting, I think we have a cut -- don't we have to -- MS. STEINER: You do have an 11:00 p.m. cutoff. You do have to make a motion to continue, so -- MR. MANN: Move to continue. CHAIR: Is there a second? MR. BAILEY: Second. MR. NIANN: Till 11:30? MS. STEINER: You have -- you have -- I -- I would -- I mean, so you can do it on a case -by -case basis, and you can make another motion at 11:30 -- CHAIR: How many more -- I'm sorry, how many more items have to be heard? MS. STEINER: So we have two private applications and two City applications after this item. CHAIR: Right. I mean, at least 12 o'clock. Well -- right. I -- all right. We'll do a half hour for now. Okay. There's a motion, and there's a second. All in favor? MULTIPLE SPEAKERS: Aye. CHAIR: Any opposed? Page 164 1 ideal. Community input has not been re- -- reasonably taken 2 into account, and -- 3 CHAIR: So you would vote no today? 4 MS. CAROLIS: -- the -- the fact that -- the fact that 5 the residents -- and I understand that they -- they -- they're 6 reacting, it's an inmate reaction. Let's say -- let's -- let's 7 put a fence, that's -- that's, like, a very innate reaction to 8 separate yourself from something that you don't want noise, too 9 much traffic, but if we have to build a wall, clearly, this is 10 not the right use for the property. A wall is not a proper- -- 11 a properly used planning tool. We don't -- we don't do walls 12 anymore; we have more efficient, more -- better -- better tools 13 in our -- in our planning toolbox than walls. So if we're 14 trying to separate from something that it's -- I think the -- 15 the project is out of scale. It's too large for the community. 16 That's what they're -- what they're -- what the community is 17 telling us. 18 So I -- I hear things from, like, the -- the -- the 19 waivers, the waivers that are -- the property and -- they -- 20 they cannot do this much greenway because -- okay, the historic 21 property did not have this much greenway, but where is the 22 historic property? Only 6 percent remains. So why are we 23 picking and choosing that we're improving a situation that was 24 prior there, but that situation is no longer there. This is a 25 new application, in my view. And the only thing that we -- that Page 163 1 MS. CAROLIS: Okay. So following -- you know, we were 2 discussing facts. So 183,000 is the development capacity. 3 6.5 -- 6.55 percent of this project is historic remaining, and 4 15 percent is the theater. Those are the numbers, as I 5 understand them. 6 So I'm concerned. The auditorium in my -- in my 7 children's school, I think it's bigger than this theater, and it 8 doesn't fit the entire school, so parents have to choose which 9 relative we take to the event. So I wonder -- you know, I -- 10 I -- it's difficult for me to understand how this application 11 will impact our community. 12 CHAIR: Member -- 13 MS. CAROLIS: And I think it's a very difficult 14 application. I'm going to wrap up. 15 CHAIR: Well, I have a question, though. 16 MS. CAROLIS: Yes, go ahead. 17 CHAIR: It seems like the gist of what you're saying, 18 though, is that the entire -- this entire process is wrong, and 19 that the entire project is not correct, like, that there's not 20 really anything to work with here; is that the gist of what 21 you're saying? 22 MS. CAROLIS: I think that the process has been 23 rigged. I think the process is -- is -- not rigged; I don't 24 know if I'm using the right word, my first language is something 25 else. But -- but I think the -- the process is -- is less than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 165 remains is 6 percent on the front, and the rest is new. So, now, I think that's -- I think that's the conversation. To me, this is very convoluted. It's not very clear. It's not -- I understand that staff and -- and -- and a number of hours have been spent, and I -- you know, my heart goes out to that, but I would -- I would -- I would be -- I would be of an agreement of -- of ask for HEPB to -- to participate, to give us their feedback, since they were here since the inception; we just inherited this. Now, if I have to weigh these based on the five exceptions on the uses, well, I have comments about their commercial use, that it's not pursue -- that it's not in regard -- that it's not part of a CI -- CHAIR: But that -- that is what we are here for today. MS. CAROLIS: Yes, and that's -- and that's why -- then I don't know why we were presented so many plans. I mean, you know, the colors, and the application had a number of information -- I understand. I think we need to see these holistically, entirely. We cannot just look something -- that's -- that's what -- that's -- that's what they want us to do, but we need to see it entirely. So if we want to look at it on the merits of the application -- CHAIR: Yes. U.S. Legal Support 1 www.uslegalsupport.com 162 to 165 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 166 MS. CAROLIS: -- the fact that this is -- has five exceptions and commercial is not part of a CI us, I can clearly say -- if I have to look at it on the -- on the -- on the merits of the waivers, they are -- they are over developing based on what the more re -- stringent, abutting use permits. CHAIR: Got it. Thank you. Member -- Member Bailey. So I just have a few questions. The first question is for County staff. I wanted to know, the 2018 traffic study, did that include the -- the new commercial; was that already included? MS. THOMAS: So the plan that was approved did include commercial, and that traffic study did include that. MR. BAILEY: Okay. MS. THOMAS: So the -- it was with the 2018 plan that was approved, and as you can see, this plan that comes before you is very close to the 2018 plan, with those minor adjustments and the waivers that we discussed. MR. BAILEY: And I wanted to know, like, your timeframe. If we defer the item tonight so you can get with the residents about their five things, does that meet your -- is there a problem in the future with that? MS. THOMAS: So -- so -- and I just go back to this part is a part of a regulatory process, so there's many more permitting processes that have to occur after this portion. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 168 people, and probably 200,000 more cars? MS. THOMAS: Understood. So happy to -- as a condition, if a traffic needs to be updated, as stated, we're happy to do that. CHAIR: Member Mann, we did -- we -- we did already get that answered. That's already been asked, and they said yes, so -- yes. MR. BAILEY: So that answered, I think, all the questions I have. Tonight, I will actually still like to defer, only because it possibly changes the -- CHAIR: Okay. MR. BAILEY: -- the character of the neighborhood -- CHAIR: So you're for deferral? MR. BAILEY: Yes, and there's some things that I would like to take in account, like, do we add the wall when you connect with the residents that closely abuts, and so things of that nature. And, also, the updated traffic study. So I would like defer the item tonight, give you time to cane back what -- what you feel is possibly more palatable to the board. MS. THOMAS: Thank you, sir. MS. CARDOCH: So, first of all, I'm really grateful to -- that we had the opportunity to hear all of the concerns. So I'll just go -- I'll just get really granular on some of the issues, because I think the -- the board has -- has really done Page 167 1 This is just for the exception and waivers. It does hold up 2 that process. And so I hear people, I know construction is 3 inconvenient, you know. We want to move forward and complete 4 the project, and, of course, we want to do it sensitively, as 5 Maria is requesting, that -- I can hear what you're saying, 6 Madam Board Chair -- hear -- hearing, so -- I'm sorry, I don't 7 know how to say that correctly. 8 But, yes, there's a construction timeline in place, 9 and this approval, taking it back to HEPB is not something that 10 the County is interested in doing. We have our certificate of 11 appropriateness there already approved, and the -- and -- and 12 doing that will slow down this process. 13 MR. MANN: If I could -- if I can interject, just a 14 quick question on -- on -- on when -- you said you did have a 15 traffic study? 16 MS. THOMAS: Yes, in 20 -- 17 MR. MANN: Back in 2018? 18 MS. THOMAS: Yes. 19 MR. MANN: When the traffic was half of what it is 20 now. Don't you -- don't you -- 21 MS. THOMAS: So it's fore- -- it's a forecasting. 22 MR. MANN: -- so don't you think you need a new 23 traffic study -- 24 MS. THOMAS: So I -- 25 MR. MANN: -- considering that we have 100,000 more Page 169 1 a great job of covering sane of the items. 2 I am -- the back and forth about the path -- this is 3 how granular I'm getting on these comments -- I am really 4 concerned about closing it off, because I think years -- several 5 years from now, we're going to have the population say, I wish 6 my kids could just ride their bike right into the park. So I 7 don't know what the answer is, but I do definitely think that -- 8 we did hear before to not close it off, now we're asking to 9 close it off. There's -- I don't know what the answer is, but 10 closing it off at -- sometimes just makes me feel uncomfortable; 11 I don't have a better word other than that. 12 The one area that I -- I -- I think we're all in 13 vociferous agreement here is the issue of understanding a little 14 bit more of traffic implications. I think that one does -- 15 obviously, we've agreed to, you know, the -- the updated traffic 16 study, but even just understanding a little bit more about 17 traffic rotation and -- and -- and the uses that are going to 18 allow the community to say, I won't have the garbage can beeping 19 as it backs up at 4:00 a.m. Sure, you know, you have the place 20 to do the T-stop and backup and all that, but -- but I think the 21 conniunity does deserve a little bit more of an outreach. 22 I feel like I was hearing very clearly we do need a 23 source of revenue. So I think someone asked about that, you 24 know, is it -- is -- is it you get the playhouse with this or 25 you get nothing, right? And I think I heard we -- we need the U.S. Legal Support 1 www.uslegalsupport.com 166 to 169 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 170 source of revenue. And that -- I think that's -- that's fair. I mean, we -- we got to have the -- a viable site. I welcome understanding a little bit more of the process. This is a -- this project has been long in the making, and I think part of the reason that some of the historic properties -- the historic elements of the property are gone is it's taken so long. The -- the -- the time -- there's -- there's time -- there's a value of time to this community to have something in place. So I don't have any pithy arguments either way other than, yes, I'd love to see more green space, but I'm loathe to see this project slow down and -- and end up with getting nothing to the community. But I -- I -- I think that there can -- I think the County is able to come with some additional information that would allow this project to continue to move forward in the manner that it's being contemplated holistically with SOME of the nuances just tweaked. But I -- I'd hate to see this go back to the drawing board, we -- I think we're doing a disservice. Thank you. CHAIR: Okay. Thanks. All right. So we had the five notes. One was no commercial intrusion into the neighborhood, using trees and the coral to protect it; is there a possibility of doing a hybrid and -- and making it a gate? So, like, on certain festival times or something like that -- there's going to be times where Page 172 1 maybe we don't have today -- 2 MS. CARDOCH: Yeah. 3 CHAIR: -- but I think to just say we will make best 4 efforts is not enough. 5 MS. THOMAS: Under- -- understood. Chair, may I 6 address just those last two -- 7 CHAIR: Sure. 8 MS. THOMAS: -- as far as the employment and -- 9 CHAIR: Uh-huh. 10 MS. THOMAS: -- the lease or exclusions or benefits or 11 contracts. There's legal limitations that we have. You cannot 12 make it exclusive to one group -- 13 CHAIR: That's -- 14 MS. THOMAS: -- in that sense, so there's are -- there 15 are some legal limitations or -- so what I'm saying, to the 16 extent that we are allowable to the law -- 17 CHAIR: Right. 18 MS. THOMAS: -- do those things -- 19 CHAIR: That's what I referenced. 20 MS. THOMAS: -- that -- that is not -- 21 CHAIR: Yeah. 22 MS. THOMAS: -- an issue. 23 CHAIR: Yeah, yeah, yeah. But that's what I was 24 saying, I don't know if distance and radius gets around all of 25 those restrictions instead of who or whatever. Page 171 1 people are going to want to have -- to be able to walk through, 2 but we could use coral to make a gate. We have a lot of really 3 cool remnants of coral gates around different neighborhoods; 4 let's do something that is historically appropriate, you know, 5 uses some form of oolitic something or other. And it could be 6 open and closed, say, for, like, whatever on a calendar that the 7 neighborhood agrees to. Just let me -- we're -- we got to -- 8 yeah. Okay. Great. So we solved that. 9 Clear -- the traffic, we already agree, you guys are 10 going to update the traffic plan. Okay. 11 Benefits and hiring priorities and things like that, I 12 think it's -- it's -- I understand that we're in a dynamic time, 13 where I don't know what is allowed anymore or not, but to the 14 extent that anything can be -- pass some form of legal muster, I 15 think it'd be absurd to not have some carveout for -- just use a 16 radius, if we can do that. I know that they do that, and that 17 makes it not -- whatever. Won't anger somebody in Tallahassee 18 or something; I don't know. 19 And then the same with the -- the build into the 20 leases, I think, or something. The discounts, same thing, 21 residence, the cultural entities that exist in the neighborhood, 22 those are things that can be contracted, right? You want to 23 sign a lease here, you have to offer a discount or whatever, you 24 know, something like that. That could just be a lease term. I 25 don't know -- you know, the -- the details of that, I think 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 173 A11 right. But in terms of the discounts and stuff like that, I think -- like I said, saying that it -- it -- yeah, we'll try, is not good enough. I think we just do it, right? Like, it's not that big of a deal. People can build in a 10 percent discount or something into their pricing or whatever. MS. THOMAS: So just for a -- MS. STEINER: So Mr. -- Mr. Chair, if we can make sure that the conditions that you guys are considering are within the purview of this board and items that are terms within the lease are not part of your purview. CHAIR: No. I understand. But we're just -- I think this is -- MS. STEINER: Unless that was further proffered by the County -- CHAIR: We're just talking about ideas as to how this could satisfy some of the things that were brought up; it's not really going to be up to us to -- I hear you. All right. I'll stop giving the ideas. But historic landmarks and -- and -- and the archeological or -- or anything similar, I mean, it just seems crazy that -- again, this goes back to my original point, though, the -- the start of this whole process, once things were underway, it just gave the air, you know, of -- of -- of not caring. So even if there are folks involved in the project that do care, whether it's at the County, City, whatever, more care U.S. Legal Support 1 www.uslegalsupport.com 170 to 173 Planning, Zoning and Appeals Board - May 6th, 2026 Page 174 1 to be taken and updates on things like historical signage, you 2 know, things like that, there's no excuse to -- to have those 3 things, you know, out of place or people not understand where 4 they're going or whatever, and -- yeah. 5 So I thought it was an interesting -- the only other 6 piece, you know, was the -- as far as the way the -- the place 7 looks, that's not for us to -- you know, we're not -- I mean, I 8 know you guys presented what it's supposed to look like, and 9 there's this enormous 15, 20-year history of -- of litigation 10 where all of this is now part of the record, so it's a little 11 different than our normal exception applications. So we do have 12 pictures and things because there's such a tight site plan 13 that's required and -- and the old app stuff, so -- 14 MR. MANN: I'm -- I'm -- I'm still totally 15 uncomfortable voting for anything that has a 40-foot parking lot 16 abutting T3 with rooftop parking. That just does not seem 17 appropriate for the grove to me at all. And I -- I don't 18 know -- the City probably -- I don't know if -- if they've ever 19 heard from the public -- I don't know if they've ever seen this 20 level of detail, not that we have very much detail here -- 21 CHAIR: I'm sorry, on that note, do we -- do we 22 have -- in the grove, are there open roof -- 23 MR. MANN: Do they know that there's going to be 24 rooftop parking 40 feet over their heads? Are they aware of 25 this? Page 176 1 adjacent building on Main Highway. So we have an office liner 2 adjacent an office building that matches that height, and we 3 have a garage behind it that's four stories. So we do park on 4 the deck, which is the -- the -- the last deck of that garage. 5 And this section here shows it. So you can see we 6 have four stories in the garage. You do park on the last deck, 7 and there is an office liner in line with the adjacent building 8 right on the same side of Main Highway. And I'll show you on a 9 site plan -- 10 MR. MANN: That -- that's all I -- 11 MR. GONZALEZ: -- that conceals that garage from Main 12 Highway, and then we have a facade on the other end that 13 conceals the garage from the neighborhood. So we -- we do have 14 a -- 15 MR. MANN: How do you conceal a 40-foot wall that's 16 across the street from a T3? 17 MR. GONZALEZ: Yeah, it -- it -- 18 MR. MANN: How do you conceal that? 19 MR. GONZALEZ: -- you can see by the -- by the way 20 that the -- the facade's been designed -- let me -- let me just 21 go to that perspective, which you all have as well. 22 So that facade here, that's adjacent to the new pocket 23 park, because right now, that's just asphalt. So we have a new 24 pocket park here facing the neighborhood, and the building 25 behind is designed to conceal that. So we're activating that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 175 MR. GONZALEZ: Let me just clar- -- yeah, let me -- let me pull up the section that's -- (inaudible). MR. MANN: I -- I would -- MR. GONZALEZ: So I'm going to pull up the section -- MR. MANN: -- I mean, to say -- to do this correctly, because rather than -- I would just say, let's defer this. This has been 22 years already; I don't think deferring for a week or until our next meeting in two weeks is -- is -- is going to bomb this -- CHAIR: But, I mean, you know, what -- what -- MR. MANN: Yes, we have to figure out what we're going to achieve in the two weeks, but I -- I just -- I can't approve -- CHAIR: I mean, are they going to re- -- re- -- redesign the -- NR. MANN: I approve a four-story -- a three or four-story parking lot abutting T3, I just can't do it. MR. GONZALEZ: Yeah, so -- MR. BAILEY: Mr. Chair -- sorry, go ahead. MR. GONZALEZ: Do we want a clarification? CHAIR: Yeah. Sure. MR. GONZALEZ: Yeah? Okay. Great. So a few things were -- we have a four-story garage, at which the -- the -- the top deck you do park on. So we do have a four-story garage before -- behind a four-story liner, which lines up with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 177 space, making it accessible to the res- -- I mean, this is the proposal, right? Accessible to the residents of this area, lining that entire street with -- with greenscape that does not exist, with trees along the entire frontage, a lot of what you've heard the residents requesting. So that's the objective there. I just wanted to -- we're not parking on the roof, we're parking on the last deck of the garage. It's a four-story garage, and it's concealed by a liner, which is a requirement. So we're just meeting the requirements. MR. MANN: Just back up, you said that -- that there's no parking on the roof here? MR. GONZALEZ: I didn't say that; I said we're parking on the deck, on the top deck. That's not the roof, it's the top floor of the garage. MR. MANN: Which if it wasn't a garage would be the roof. MR. GONZALEZ: It's the top floor of the garage. Yeah, it's an open air garage at the top level. MR. VINCIGUERRA: If I could just clarify, though, the adjacent building that it's going to be equal to does not abut T3R; this does abut T3R. 5o they're saying it's going to match the building next to it -- CHAIR: I'm sorry, just so -- really quick for everybody, if the theater was still there, how high is -- how U.S. Legal Support 1 www.uslegalsupport.com 174 to 177 Planning, Zoning and Appeals Board - May 6th, 2026 Page 178 1 high is the theater? 2 MR. GONZALEZ: It's the same height. 3 CHAIR: Right, it's the same height. 4 MR. GONZALEZ: It's the same height. 5 CHAIR: So is the theater not abutting a T3 6 neighborhood, or was it not? 7 MR. VINCIGUERRA: No, the theater was, but there was 8 no three or four-story garage there -- 9 CHAIR: But how high was the theater? 10 MR. VINCIGUERRA: And the theater was not abutting; 11 there was a parking lot behind the theater. 12 CHAIR: A parking lot. 13 MR. VINCIGUERRA: Parking lot. There's parking -- the 14 theater doesn't -- I mean, but no -- but no building, one story, 15 it was flat. 16 CHAIR: Uh-huh. 17 MR. VINCIGUERRA: So there was no three-story garage 18 directly above, as you can see in the map, the neighborhood. 19 Like Mr. Mann is pointing out, this would be towering over T3R. 20 MR. GONZALEZ: But the theater house was that height. 21 MR. VINCIGUERRA: Certainly, but the T -- theater 22 house, as you know -- 23 CHAIR: But I'm looking at a T3 -- 24 81?. VINCIGUERRA: -- had significant space between it. 25 CHAIR: -- I'm looking at a T3 neighborhood, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 180 use it. CHAIR: Okay. So -- so is -- is there a motion on the exceptions and waivers? MR. BAILEY: Mr. Chair, I would like to defer -- make a motion to defer this. I think the County needs to show their willingness to work with the residents. And so I'd like to defer this to our next meeting, and then after they've had conversation, they come back to us with possible solutions. MR. COLLINS: Respectfully, I feel like a deferral after a five -hour discussion where, you know, all the players are here, we've heard from everyone -- I don't know how many times this meeting's been rescheduled. I think we have the County willing to agree to a number of the things that were requested in terms of the traffic study, a natural buffer, restricting the corridor during certain times. I feel like all the information is here to make a decision yes or no, but -- everything is here. MR. BAILEY: Well, if there's no second, you can just vote -- MR. MANN: Well, the problem -- the problem is, Mr. Collins, that nobody wants to say no to it; we just want to say yes, but we need -- MR. COLLINS: If you say no, then they have to come back with a new design. MR. MANN: -- it in its best form, and this is not its Page 179 1 there's a corner -- the corner houses were by the theater. 2 81?. VINCIGUERRA: Right, behind there, behind that 3 building, that -- this is the new design -- 4 CHAIR: Yeah. 5 MR. VINCIGUERRA: -- not in the original design. The 6 theater had a parking lot behind it as well -- 7 CHAIR: Yeah. 8 MR. VINCIGUERRA: -- that had space, a service parking 9 lot, behind the theater. So it was -- it's scaled down, the 10 back of the theater was smaller, and then there was nothing 11 until you got to the houses next to it, right? Whereas now it's 12 directly on top of it. If you walk over there now, you can see 13 it; it was down to -- there was a large amount of space, I'm not 14 sure how many feet, with nothing there. 15 CHAIR: Right. Okay. 16 MS. CAROLIS: Through the Chair, may I? When you -- 17 when you have a new application, what hap- -- what happened 18 before should not apply. We need to see this in the light of 19 the new building. And what -- that's how -- when we look at 20 buildings in the city, if there's something that's been 21 demolished and it's no longer there, it's gone. So what we're 22 building new is new fabric and a new situation, and we need to 23 look at it on its merits. And we just spoke about this being an 24 exception that provides that layer of design, or at least 25 scrutiny, through the exception process. So I suggest we -- we Page 181 1 best form. I'd love to say yes to this. 2 RR. METOYER: I second the current motion, so if we 3 want to vote or not vote -- 4 CHAIR: The current motion was -- 5 MS. STEINER: So the motion is to defer to the May 6 20th meeting, and that is to give the -- the applicant 7 additional time to work with the community. 8 CHAIR: I'm going to ask the one question we always 9 ask at -- at this moment, which is, the meetings that you have 10 had so far, is it fair to say that some of these things could 11 still be -- there's still some ground to -- to -- 12 MS. THOMAS: So we've addressed -- thank you so much, 13 Chair, because I wanted to get to that. We have addressed these 14 five community points. The two that you all bring up is -- is 15 the wall, because there was a real resistance to the County on 16 the plan. As -- as I said, community input from before -- 17 CHAIR: Sure. 18 MS. THOMAS: -- did not want the wall, and -- 19 CHAIR: Right. 20 MS. THOMAS: -- you know, the commissioner has also, 21 you know, stated, you know, no wall, you know, so that we can 22 rectify historical segregation by walls. So I think you made a 23 good point to what could be possible. What we would love to see 24 happen is, you know, approval with conditions, you know. If you 25 want the traffic plan updated, absolutely, we can work through U.S. Legal Support 1 www.uslegalsupport.com 178 to 181 Planning, Zoning and Appeals Board - May 6th, 2026 Page 182 1 that. If you want us to explore how we can meet the residents' 2 need for further noise barriers, we're doing a lush landscape. 3 If a coral wall wants to be contemplated, you know, within the 4 limits or existence and conditions that we can, you know, we'd 5 be happy to discuss that with an approval and a condition, that 6 is what the request of the County is. A deferral to the next 7 meeting, which I think is next month, we would probably be 8 coming back with something extremely similar, because those 9 other items, to your point, from exclusive use, discounted use, 10 how do you hire, those things are -- 11 CHAIR: Kind of outside of -- 12 MS. THOMAS: Yeah. 13 CHAIR: -- what we're doing here. Yeah, I understand. 14 And I think that's fair too. I think everyone comes to these 15 meetings with everything, and, you know, we have to parse out 16 what -- what we can and can't do, but -- 17 MS. BERRIEN: May I -- 18 MS. THOMAS: Which doesn't mean we won't be working 19 with the community through those things outside of this. It was 20 litigation that caused us not to have many of the conversations 21 that we're looking forward to having now that all of those 22 things have been resolved. 23 MS. BERRIEN: It might be -- 24 MS. STEINER: So there is a -- there is a motion and a 25 second on the floor -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 184 MR. COLLINS: No. CLERK: Thank you. Calling Member Maria Paula De Carolis. MS. CAROLIS: Yes. CLERK: Thank you. Calling Member Eduardo Fernandez. MR. FERNANDEZ: No. CLERK: Thank you. Calling Member Paul Mann. MR. MANN: Yes. CLERK: Thank you. Calling Member Joshua Patinkin. MR. PATINKIN: No. CLERK: Thank you. Calling Member -- I'm sorry, Calling Member -- I'm sorry, Calling Chair Adam Gersten. CHAIR: No. CLERK: Okay. Thank you. So that fails. MS. STEINER: So that motion fails four to -- four to five. MS. CARDOCH: So I think what I was hearing was potentially a motion to approve with the conditions of the additional traffic study, the consideration of -- I'm not -- I don't wish to say insert a wall in the plan as much as explore 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 183 CHAIR: Yes, for deferral. MS. STEINER: -- and so any discussion on that motion should be directed by the Chair only. CHAIR: Yeah. MS. STEINER: So there is no public comment open at this time -- CHAIR: Right. MS. STEINER: -- unless it is at the Chair -- unless the Chair wishes to allow that. CHAIR: No, I don't, not -- not at this time. MR. MANN: Is there a motion on the floor? CHAIR: Yes, there's a motion for deferral and a second. MS. STEINER: And -- and it is to May 20th. CHAIR: Roll call, please. CLERK: Calling Member Mario Bailey. MR. BAILEY: Yes. CLERK: Thank you. Calling member Elan Metoyer. MR. METOYER: Yes. CLERK: Thank you. Calling Member Lynette Cardoch. MS. CARDOCH: No. CLERK: Thank you. Calling Member Chris Collins. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 185 the opportunity for what to do with the -- the feedback you've gotten. Was there another condition that we were requesting? I think those were the two primary ones. CHAIR: I would -- MS. CARDOCH: Knowing the others were out of are purview -- CHAIR: I think the only one that might not -- might actually be something that we can do, though, was the sort of -- because it -- it speaks to the issue that I thought was kind of persuasive about, like, public benefits and things like that. I think that the idea that there is set aside for historical -- you know, something of neighborhood awareness kind of stuff built into the project -- I think especially there's this huge educational component; that's basically all we've heard, you know, other than the parking is that -- educational. So I think that there should be, and that did come up, and that was one of the asks. So I don't know to what extent that can be a condition, but, again, that needs to be -- MS. STEINER: So I -- Chair, I would recommend exploring through cultural resource management. The County also has a public art component that I -- I believe they're going to have to do anyways -- CHAIR: Sure. MS. STEINER: -- because it is a public -- because it U.S. Legal Support 1 www.uslegalsupport.com 182 to 185 Planning, Zoning and Appeals Board - May 6th, 2026 Page 186 1 is a public building and -- and part of their -- their funding 2 will have to go to that. I would recommend doing something 3 that's educational and art related in teens of program 4 outreach -- 5 CHAIR: And historical. And historical. 6 MS. STEINER: -- and appropriate sign- -- signage. 7 Signage a lot of times is just a simple copout, and it's an easy 8 solution of what we really -- 9 CHAIR: Well, no, there was an issue, though -- 10 MS. STEINER: No, no, but what we really need is true 11 educational cultural resource management, and there's -- there's 12 a way to do that. So I would -- I would recommend -- and we're 13 happy to work -- we're happy to work with the County on that as 14 well. 15 CHAIR: Is the maker of the motion okay with that? 16 MS. CARDOCH: Yeah, so I think what I'm hearing, 17 the -- the motion would be motion to approve with the request 18 for consideration on the updated traf- -- well, not 19 consideration, an updated traffic study, consideration of the 20 connectivity, neighborhood connectivity or not, whatever that 21 would look like, and enhancement of the -- or coordination with 22 the City, I think, is more appropriate -- 23 MS. STEINER: In terms of a cultural educational 24 programming, we can do that. 25 MS. CARDOCH: Yeah, coordination with the City on Page 188 1 required at building permit, and so there is a way that we can 2 enforce some of those mit- -- enforce those mitigations 3 time. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at that CHAIR: Thank you. We're -- we're at a -- at a vote here, we're at a roll call. CLERK: Calling Member Lynette Cardoch. MS. CARDOCH: Yes. CLERK: Thank you. Calling Member Joshua Patinkin. MR. PATINKIN: Yes. CLERK: Thank you. Calling Member Chris Collins. MR. COLLINS: Yes. CLERK: Thank you. Calling Member Mario Bailey. MR. BAILEY: No. CLERK: Thank you. Calling Member Maria Paula De Carolis. MS. CAROLIS: No. CLERK: Thank you. Calling member Eduardo Fernandez. MR. FERNANDEZ: Yes. CLERK: Thank you. Calling Member Paul Mann. MR. MANN: No. Page 187 1 cultural education programming. I think that's the -- those are 2 the -- what we've been hearing today. 3 MR. COLLINS: I'll second that. 4 MR. PATINKIN: Could we -- could we add one additional 5 item to that, which is large tree specimens? 6 MS. CARDOCH: Friendly amendment accepted. 7 MS. STEINER: And, I'm sorry, who was the second? 8 MR. COLLINS: Me. 9 MS. STEINER: Thank you. 10 MR. COLLINS: Collins. 11 MS. STEINER: Yes. 12 CHAIR: All right. Are we -- 13 MS. KETTERER: Just a reminder for the board that this 14 exception does require a supermajority vote, which in this case, 15 would be six members in favor. 16 MR. MANN: Through the Chair, could I have just a -- a 17 tech- -- a clarification from staff question? 18 CHAIR: Sure. 19 MR. MANN: What happens if a traffic study comes back 20 and says, yeah, this is a little too much traffic for this 21 area -- 22 MS. STEINER: So -- 23 MR. MANN: -- and we've already approved it, what 24 happens then? 25 MS. STEINER: -- so a traffic study is always -- is 1 2 3 4 5 6 7 Page 189 CLERK: Thank you. Calling member Elon Metoyer. MR. METOYER: No. CLERK: Thank you. Calling -- I'm sorry, calling Chair Adam Gersten. CHAIR: Yes. MS. STEINER: The motion failed to reach a 8 supennajority and therefore fails. So unless there is an 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 alternative motion, which at this point, considering the last two votes have been the same, it -- it essentially moves forward as a denial. CHAIR: Member Collins? MR. COLLINS: For the votes that were no, was there any additional conditions that would -- MR. METOYER: You know, this is a historical black community, and I didn't see one person from this community support this, so until I see that happen, it will be a no for me. MR. MANN: I MR. BAILEY: MR. MANN: I recognition of Charles think it's -- But these are -- think it's really sad that -- that Street is -- is vanishing. MR. BAILEY: My issue is that we had another large group came, and we allowed them to work with the applicant, and so we had a group tonight that we were denying it, and we didn't U.S. Legal Support 1 www.uslegalsupport.com 186 to 189 Planning, Zoning and Appeals Board - May 6th, 2026 Page 190 1 allow them to work with the County, and so that's why I voted 2 against it. 3 CHAIR: Just -- just to be clear, you know, I think 4 that the history of this particular project, which is -- is what 5 I'm a little confused -- just because I -- I kind of -- we've 6 heard from everyone that's on both sides of this for -- for 7 years, and I was just surprised that I -- that's why I was 8 asking, you know, there's some people saying no, there's been no 9 input, and then there are people saying, well, we -- we had 10 meetings, and so -- 11 MR. METOYER: I mean, historically -- this place was 12 historic, and it was supposed to be preserved, and the County's 13 been tremendously derelict in their duties. Then we have the 14 community coming out here saying they don't want it. So I just 15 think there needs to be a compromise. I mean, I'm -- I'm -- I 16 have a hard time rewarding the County for what they did, 17 personally. 18 MR. BAILEY: And, also, Mr. Chair, like, we have the 19 residents saying what they want, and we're saying, like, we 20 think this is better for you, and that's my issue. 21 CHAIR: I see what you're saying. I -- I -- I took it 22 as -- when -- when we -- when we say, give us a list of the 23 things that you would like, and we address those directly over 24 and over again that we're trying to reach -- get something to 25 happen, because we've often sent people back on a deferral, say, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 192 MS. THOMAS: It was a webinar, yeah. Everyone was able to ask questions, and we answered all the questions that were -- MR. METOYER: MS. THOMAS: MR. METOYER: Okay. -- placed in the -- And do we know how many people from that 500 area was on that call? MS. THOMAS: It's -- probably the 50 people who are here. MS. BERRIEN: If I can -- I can answer this. This is what I wanted to say before. The County has offered a series of webinars. They're the kind of Zoom where you can't interact. You're allowed to submit questions ahead of time. The last time we submitted questions, and out of all the meetings that we've had so far, it was the only time that our questions were read. They were misinterpreted, and we were talked at. And so there has not been a dialogue. And it's stated that we're in litigation; we are not in litigation. Ole haven't been for a long time. And we've tried to say that over and over again. our attorney has sent letters to the County saying that we are not currently involved in any litigation. And so there has not been a dialogue. CHAIR: We've got -- we -- MR. ARMBRISTER: What the County is saying -- CHAIR: We -- we -- Page 191 1 go meet, and they cane back, and they're like, well -- and so 2 the point was made a few times that when you have everyone in 3 the room at the same time, and this has continued to cost all of 4 us tremendous amounts of our taxpayer dollars 20 years -- or 15, 5 20 years on here, and we're all here much closer to the end than 6 the beginning, and everyone can talk about it out in the open, 7 it's also an amazing opportunity, versus, hey, here's two weeks, 8 come back, and let's see what happens. And then we're back here 9 again, and every -- you know, because this is the meeting, this 10 is -- this is as public and open with the most, you know, 11 invested neighbors, the ones that are here till midnight to talk 12 about this. So that's -- it's -- it's just a different 13 perspective on the same thing, and I -- I think there's weight 14 to both of them. I'm not saying you guys are wrong, but I'm 15 also saying, like, these are the people. 16 MR. NETOYER: Let me ask one question -- 17 MR. BAILEY: Mr. Chair, we -- 18 MR. NETOYER: Let me ask one more question. 19 CHAIR: I'm sorry. 20 MR. NETOYER: When was the last community meeting, 21 when was that held? 22 MS. THOMAS: Last Thursday, we -- 23 MR. NETOYER: But that was virtual, that was not 24 MS. THOMAS: It was a virtual meeting. 25 MR. NETOYER: That is -- Page 193 1 MR. ARMERISTER: -- we want to get married, I want to 2 marry you, but I won't be faithful -- 3 CHAIR: I appreciate the -- 4 MR. ARMERISTER: -- that's what they're saying. 5 CHAIR: I appreciate that. Thank you. 6 A11 right. So, listen -- 7 MS. THOMAS: Chair, for the record, the legal 8 complaint that she discussed, it was dismissed last week and 9 appealed -- 10 CHAIR: Last week? 11 MS. THOMAS: Yeah, and -- I'm sorry -- I'm sorry, 12 within the last month and appealed by their attorney, just to be 13 clear and on the record. He sought rehearing. He sought 14 rehearing for that, so -- 15 CHAIR: Is that correct? 16 MS. THOMAS: It -- it's accurate. And what -- what 17 happens is the County -- 18 CHAIR: Did you seek a rehearing? Come on. Come on. 19 MS. THOMAS: The County -- the County is saying 20 everything that we can, and people can get up and say what they 21 want, but we have to state the facts, and they can alter the 22 information. I just -- I know we're -- I -- I don't have a 23 closing argument. I'm not an attorney, you know, I'm a public 24 administrator. And the neighborhood is changing, and there are 25 new requests, and we're asking -- is there still a motion? I U.S. Legal Support 1 www.uslegalsupport.com 190 to 193 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 194 don't know. Is there still a motion? CHAIR: There's not -- I don't think there's -- there's no motion, there's just -- MS. THOMAS: It's no more motion -- CHAIR: -- we're just freewheeling. MS. THOMAS: It's just having a fun time. I'm going to stop there. Thank you so much. CHAIR: Yeah, I think it's a good -- MR. VINCIGUERRA: If I could just -- just for the record, the last meeting we had -- CHAIR: We -- we have enough -- MR. VINCIGUERRA: -- with the County was September 4th. CHAIR: -- we have all that information now, and you guys get to -- whatever happens next, happens next. We need -- we have a lot more to do. MS. STEINER: So at -- so at this point, because the board was not able to reach a majority on a motion, there is no agreement, and so, therefore, it does act as a denial -- MR. COLLINS: Can I ask one question -- MS. STEINER: -- and we can move on to the next -- MR. COLLINS: -- Chair? CLERK: I just want to advise that this decision is final. CHAIR: Hang on -- Page 196 1 pass -- this passing with recommendations that a traffic study 2 plan is done or something might be addressed, that's why we've 3 asked -- so the last -- on the letter that was signed by every 4 West Village -- West Coconut Grove Organization, the final line 5 is, and we ask that all of these items be addressed in a binding 6 community benefits agreement that the community agrees to. 7 So that's why we're not comfortable with it passing 8 with these recommendations. We'd like to see a binding 9 agreement that we can support, and hopefully come back with our 10 support for the project. 11 MR. COLLINS: So if there was -- so if there was a 12 binding agreement with everything with the exception of the 13 commercial, is that something that you -- 14 MR. VINCIGUERRA: Yeah -- 15 MR. COLLINS: -- think worthy of a discussion? 16 MR. VINCIGUERRA: Our group has said we'd like to see 17 primarily cultural use, but not -- we've never said that there 18 cannot be any commercial use in the property, yes. 19 MR. COLLINS: Okay. 20 MR. VINCIGUERRA: Uh-huh. 21 MR. COLLINS: I mean, with that side, I don't know if 22 we want to take another vote for deferral, and -- I don't know. 23 Perhaps you can discuss or -- if you're not even willing to do 24 that -- 25 CHAIR: I mean, the deferral idea isn't the issue. I Page 195 1 CLERK: -- unless appealed to -- 2 CHAIR: -- hang on one second. 3 CLERK: -- (inaudible) -- 15 days. 4 CHAIR: Hang on one second. 5 MR. COLLINS: Chair, can I ask one question? 6 CHAIR: Yes. 7 MR. COLLINS: Can I ask the gentleman -- I'm sorry, I 8 didn't catch your last name. I had one question for you. So I 9 was just curious your opinion, I -- I know you -- 10 MR. VINCIGUERRA: Vinciguerra, uh-huh. 11 MR. COLLINS: Thank you. I know you had shared your 12 five concerns at the beginning of the meeting. I think you -- 13 my -- my feelings are you speak for a majority of the -- the 14 residents who are against this. Of the conditions that you 15 heard in the motion that failed, how did you feel about them? I 16 understand you don't want any commercial component; I think the 17 County's made that very clear that's not going to happen. You 18 know, they have their own obligations, so there's an impasse on 19 that item. But with the exception of that, I was just curious 20 how you felt about the other conditions. 21 NE. VINCIGUERRA: Sure. Thank you so much. We really 22 appreciated what Mr. -- Board Member Metoyer said, that what 23 we've asked for, and perhaps this hasn't been clear, is a 24 concrete community benefits agreement that's binding that 25 addresses these concerns. We have serious concerns about Page 197 1 mean, it -- it -- it's only -- I think the people that are 2 against deferral is only because you want to make sure that 3 something happens during the deferral, and so -- 4 MR. COLLINS: Well, that's the agreement. 5 CHAIR: Oh, it is, it is. No, no, no, no, no. Yeah, 6 but what I'm saying is if -- if -- if the -- if there's a 7 question as to whether they can or cannot talk about certain 8 things because of litigation ongoing, that's the only -- 9 MR. COLLINS: There isn't a litigation, they just -- 10 CHAIR: No, they said they're -- they're -- it just 11 got dismissed, but -- 12 MR. VINCIGUERRA: There's no current -- there's no 13 litigation with anyone in our board or organization with the 14 County, and that's been true for a while. 15 CHAIR: But that's -- but -- but -- but Mr. Winker 16 just said that he filed for rehearing, which is litigation. 17 MR. VINCIGUERRA: Not with members of our group. 18 CHAIR: But an behalf of the group. 19 MR. VINCIGUERRA: Not -- not on behalf of our group. 20 That litigation is not on behalf of our group and does not 21 represent none of our board members or represent -- we've made 22 this clear to the County many times. 23 CHAIR: Can I let Mr. Winker answer this question? 24 MR. WINKER: Yes. 25 MR. VINCIGUERRA: We've made this clear many times. U.S. Legal Support 1 www.uslegalsupport.com 194 to 197 Planning, Zoning and Appeals Board - May 6th, 2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 198 CHAIR: Please. MR. WINKER: Yes, there's a motion for rehearing. I'll be motioning to dismiss. The case is dismissed as of right now. NR. COLLINS: So my point is this, I -- I have been -- we have been meeting about this project for 12 years, and meeting after meeting after meeting, all the taxpayers in this roan keep paying for this property, all the kids in this community keep not -- continue to not have a program, a facility that they can go to, and we just keep delaying, delaying, delaying. And everyone in this room wants a theater. So why can't we just come together and knock out these couple design items, et cetera? CHAIR: Is there a motion to defer? MS. KETTERER: Well, Chair, there was a motion to deny -- CHAIR: Would anyone like -- what is it called, a motion to -- MS. KETTERER: -- and there would have to be a motion to reconsider -- CHAIR: Reconsider. MS. KETTERER: -- and that's typically done -- required to be done by a person that voted -- well, in this case -- MS. CARDOCH: In the prevailing -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 199 M5. KETTERER: -- it would be -- it's late. MS. CARDOCH: It's the prevailing party, right? MS. KETTERER: Right, so it would be everybody that voted no. MS. NR. you now? here MR. CARDOCH: Yes. COLLINS: Can I ask -- I'm sorry, a question for PARRISH: Nobody wants to ask me a question? CHAIR: No. MR. COLLINS: CHAIR: No. MR. PARRISH: CHAIR: No. MR. PARRISH: CHAIR: I've I'm sorry. No. No. About the solution to your problem? No. No, no, no. We're -- we're just -- There is a solution. got four -- we have four other applicants right now, and we're trying to see if there's -- if there's a way to get a motion to do, so -- MR. MANN: If I were to make a motion, it'd be to send this back to the HEPE board. CHAIR: No, no, no. Okay. A11 right. All right. It was only -- I was only asking if there was a motion to reconsider by somebody who was a no on the motion to defer, correct, the original motion to defer, or the most -- MS. KETTERER: No, on -- CHAIR: -- recent motion -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 200 MS. KETTERER: -- on the motion to approve. CHAIR: Motion to approve. MS. KETTERER: So there were four no votes that could reconsider that vote, and then there could be a motion to defer. WR. COLLINS: From your -- I just have one question, and then I'm -- I'm done. From your perspective, is there any value in deferring to meet with the neighborhood and come up with some sort of agreement where you address those items with the exception of the commercial or is that a waste of time? MS. THOMAS: Thank you so much, Counsel Collins. Ole've communicated with the organization, and the preference would be as -- which -- which is past that was approval on conditions with the two that we discussed, the traffic study and the wall for the noise intrusion or commercial intrusion. The other ones we've addressed in the best way that we could. I don't see that changing from now until deferral. So if the denial is needed, we totally understand, we'll take the next step necessary. CHAIR: Okay. MR. COLLINS: Okay. That's it. CHAIR: Thank you. 1 CERTIFICATE OF TRANSCRIBER Page 201 2 3 I, AUSTIN GOODRICH, do hereby certify that I was authorized 4 to transcribe the foregoing recorded proceeding; and that the 5 transcript is a true and accurate transcription, to the best of 6 my ability, taken while listening to the provided recording. 7 8 I FURTHER CERTIFY that I am not of counsel or attorney for 9 either or any of the parties to said proceedings, nor in any way 10 interested in the events of this cause, and that I am not 11 related to any of the parties thereto. 12 13 Dated this 18th day of May, 2025. 14 15 16 17 18 19 20 21 22 23 24 25 AUSTIN GOODRICH U.S. Legal Support 1 www.uslegalsupport.com 198 to 201 Planning, Zoning and Appeals Board - May 6th, 2026 loth 9:19 11 17:19 19:10 11.7 15 55:7 79:3 163:4 174:9 191:4 195:3 15,000 1956 100:12 1975 82:17 1980 $ $100 75:14 $100,000 17:20 78:4 7:22 96:7 111 15-foot 1999 $3 21:13 25:14 116:18 109:20 108:12 114,000 150 19th $500 127:10 147:16 8:21 10:13 75:15 11:00 15th 1st 50:23 162:7 11:7 26:1 9:2 21:13 0 11:30 160 25:14 34:7 162:12, 155:23 02/06/2026 15 16th 2 16:25 llth 9:6 10:11 1723 2 12 8:22 18:11 25:23 1 16:4 19:16 17th 26:23,24 116:18 148:6 10:17,21 27:8 61:13 1 150:13 34:5 146:12 17:24 25:25 162:20 198:6 18-month 158:20 26:23 146:11 12,000 10:1 2,000 1,200 7:13 18-wheeler 127:22 141:17 122 130:24 132:9 141:15 1.5 7:23 30:2 114:4 180-degree 2,500 10 125 80:25 96:20 183,000 141:16 2,600 5:20 13:6 12th 161:24 163:2 127:20 18:11,17,20 19:5 30:14 11:14 18th 128:4,12 62:13 79:18 13 10:13 11:15 2,622 128:25 173:4 96:1 19010 12:17 10-foot 13-plus 10:12 2,636 18:20 159:8 190169 12:15 106:1 100 13114 10:15 2-11.15 5:23 13:8 5:6 19077 17:21 19:3 30:24 13656 5:2 2.39 62:15 120:19 17:18 1926 6:11 147:19 14 7:15 82:22, 20 100,000 5:18 121:1 23 8:4 11:22 167:25 14.9 1927 45:14 55:7 100-plus 5:19 13:5 12:11 74:24 81:14 115:7 29:21 62:12 1952 95:25 96:1,4 101:14 114:2 115:8 98:23 112:25 10:00 50:24 14th 1955 119:25 8:23 11:4,7 7:19 138:11 160:15,21 U.S. Legal Support 1 www.uslegalsupport.com 1 Planning, Zoning and Appeals Board - May 6th, 2026 167:16 191:4,5 20-some 148:12 20-year 174:9 200 108:5 200,000 168:1 2004 8:1 122:11 2005 8:4 110:16 2008 95:23 2009 96:24 97:4 2010 8:7 2011 79:4 2013 8:12 108:10, 13 2014 108:13 2017 8:17,21,23 137:10 2018 9:2,8,11,19, 23 21:22 22:6 27:16 122:20 123:19 155:6 166:9,15,17 167:17 2018000032AP0 1 9:3 2019 9:6 10:7,11, 13,17,20,21 121:11 132:16,18 134:22 2019000167AP0 1 10:22 11:20 2020 10:6 2021 10:25 138:13 139:21 2022 11:14 2023 11:10 75:1 2024 11:4 2025 11:7,15,22 26:2 2030 11:7 20th 181:6 183:14 21 5:7 16:3,15 17:20 18:8 19:10 22:12, 23 28:7 29:9 32:12 39:6 64:8 71:10 106:22 110:16,21,23 111:11 127:12 21,000 71:7 127:16 21,000- square-foot 71:6 21,390 12 : 16 21st 9:8 22 148:12 153:2 175:7 2222 34:5 22nd 10:25 23 111:8,25 148:12 230 81:1 2361 111:12,13 23rd 10:20 24 17:15 25 18:4,8 45:14 25-foot 18:7 25-year 120:18 26-foot 130:23 260 96:18 267 28:3 96:18 27,203 13:23 27th 11:10 116:13 28,000 106:7,9 134:4 146:17 28,016 106:8 28,172 127:10 28,172- square-foot 12:12 2800 105:14 2811 74 : 13 289 12:12 155:15 2900 126:24 3 3 5:10,11,12, 14 17:4,19 18:1 75:7 3,000 79:19 3,500 141:16 3,700 12 : 14 3,780 106:1 3-story 7:12 3.16 17:19 3.8.4.1 18:2 30 5:18,20,23 13:5,6,8 29:21 30:14 62:12,14,15 101:15 104:10 120:25 121:5 145:3 30,000 7:10 127:9 30-foot 30:20 300 46:16 47:8 79:19 87:21 114:18 131:15 147:14 300-foot 19:1 310-seat 12:12 3211 89:6 U.S. Legal Support 1 www.uslegalsupport.com 2 Planning, Zoning and Appeals Board - May 6th, 2026 3240 91:8 3250 109:19 3260 92:16 153:17 3271 86:13 3288 114:17 33,114 13:22 3300 87:20 33127 25:15 33128 21:14 25:15 33133 78:7 3325 40:14 66:7 84:16 117:20 3326 104:10 3334 85:10 90:11 3370 114:19 34,238 13 : 21 3411 105:1 3498 5:25 35,000 71:5,6 141 : 24 3500 5:24 36 47:15,18 3665 93:15 37,000 134:3,5 3752 113:11 3901 83:23 3:00 95:4,5 3rd 11:22 4 4 5:9,11,12,13 16:4 17:11 18:7 75:7 152:11 158:20 4,750 13 : 24 4-foot 116:13,14 4/10 5:17 40 100:14 104:15,20 174:24 40-foot 174:15 176:15 4000 95:13 4205 80:11 83:3 48 117:14 4:00 94:19 169:19 4G5 10:18 4th 8:17 194:13 5 5 5:5,15 16:14 5.7.2.4 5:5,15 16:14 50 5:16 13:3 29:15 47:14 62:11 83:20 104:21 146:8,9 148:16 192:8 50-year 120:18 500 35:14,22 37:23 39:3, 11 40:16,19, 20,21 41:24 45:10,12 46:12,13,16, 17,19,24 47:8,15 66:10 72:18 83:15 85:10 86:13 90:10 91:18 97:11 98:18 103:5 105:2 138:15,18 192:7 500-foot 78:25 55 91:9 5725 160:16 57th 65:9 5:00 94:19 5th 8:4 9:11 10:5,7 6 6 17:17 105:23 164:22 165:1 6,400 106:2 6,416 106:2 6,500 78:2 6-foot 152:12 6.5 163:3 6.55 163:3 60 104:21 600 96:11 62 5:17 62:11 112:2,18 62.4 5:17 13:4 63 29:15 631 65:9 65 30:2 7 7 9:16 10:1 16:15 18:1 19:9 32:12 62:25 105:24 7.1.1.4D4 9:16 7.1.2.4D 16:15 7.1.2.5D 16:15 7.1.2.6 19:11 7.1.2.6B4 62:25 63:12 U.S. Legal Support 1 www.uslegalsupport.com 3 Planning, Zoning and Appeals Board - May 6th, 2026 70 123:1 70s 7:20 75 116:12 7:46 36:8 7:51 36:9 7th 9:23 8 8 18:7,21 133:6 80 12:14 8th 8:12 9 9 18:25 9/10 5:19 900-seat 96:12 A A.1.1.1 18:22 a.m. 94:19 169:19 abandon 44:3 abatement 26:3 ability 52:2 54:1 57:3 Abitare 12:21 71:24 73:2 85:16 127:25 128:18 Abrams 66:5 74:12 75:22,25 76:5,7,11 77:13,16,20 78:18 79:12, 15,17,24 80:1,3,5 absolutely 28:6 43:9 71:21 83:7 96:21 118:15 132:11 144:13 149:9 150:6 152:1 181:25 absurd 101:12 171:15 abut 177:21,22 abuts 70:24 168:16 abutting 47:22,23,24 58:18 68:17 147:4 154:11,12 157:4 166:5 174:16 175:17 178:5,10 accept 56:16 accepted 59:15 187:6 access 30:15 41:13 73:10,11 102:13,15 119:10 124:16,18 125:10 129:20 130:5,14 131:17 151:15 accessed 129:24 accessibility 27:9 accessible 177:1,2 accident 101:24,25 102:4 accommodate 7:20 23:9 78:4 86:7 121:7 130:25 131:3 accommodates 29:17 accommodating 23:18 24:2 83:9 121:8 accompanied 85:17 accompanies 119:9 accompanying 22:21 accomplished 114:10 accordance 16:23 18:23 19:9 157:3 account 51:24 164:2 168:15 accountable 38:5 accurate 62:4 136:20 193:16 accurately 142:25 achieve 175:12 acquired 7:23 acquisition 17:24 acres 6:11 act 24:9 38:8 61:24 133:3 194:19 action 9:17 39:12 activating 176:25 active 87:1 103:16 actively 26:20 65:21 125:18 activities 17:11,13 63:24 140:6 activity 39:18 41:15 63:18,20 64:4 90:16 118:15 139:19 actual 29:14 48:17 49:10 52:18 Adam 36:25 60:17 184:16 189:5 adapting 55:5 add 27:3 51:20 56:6 113:20 136:6 144:9 157:9 168:15 187:4 added 9:1 15:14,18 145:12 151:21 U.S. Legal Support 1 www.uslegalsupport.com 4 Planning, Zoning and Appeals Board - May 6th, 2026 adding 23:25 27:3 29:5 109:23 152:9 addition 18:8 127:12 additional 14:8 19:15 22:20 26:18 53:14 54:7 59:13 87:11 128:6 159:14,15 170:14 181:7 184:24 187:4 189:14 Additionally 89:10 address 19:23 25:14 34:13,14 70:12 71:21 95:22 118:24 122:5,6 125:10,20 13 7 : 14 153:16,17 172:6 190:23 200:8 addressed 16:7 28:9,11 42:2 72:22 89:17 181:12,13 196:2,5 200:15 addresses 6:16 149:18 195:25 addressing 72:14 90:8 adjacent 28:12 114:6 127:21 128:23 156:6 176:1,2,7,22 177:21 adjust 30:22 adjustments 166:17 Adler 100:22 administrator 193:24 admit 143:20 admitted 133:5 adopted 55:8,23 advantage 89:24 adverse 39:15 41:22 42:24 45:11 62:20 159:22 adversely 32:14,24 39:7 41:7 45:10 advise 194:23 advised 11:17 aerial 6:13 aesthetically 102:11 Affairs 21:2 25:14 affect 39:21 63:2 64:20 affected 32:14,24 33:12 35:22 39:7 40:7 41:7 45:10, 21 49:12 62:6 85:24 affecting 64:4 affects 38:23 affirmative 11:20 afford 147:21 149:13 affordable 119:23 African 66:22 68:22 69:19 98:2 Afro-bahamian 67:6 afternoon 6:4 66:6 114:15 agencies 17:3 19:7 agenda 21:3 agent 17:3 aggrieved 39:10 49:3, 5,18,19 aging 82:10 agree 48:3,25 53:13 57:16 59:17 110:19 116:25 117:12 145:15 160:20 171:9 180:13 agreed 91:23 169:15 agreeing 17:8 agreement 8:13 17:8,11 38:10 42:3 118:23 119:3 120:1 133:4 140:16 165:7 169:13 194:19 195:24 196:6,9,12 197:4 200:8 agreements 153:8 agrees 171:7 196:6 ahead 34:13 42:10 52:3 53:11 58:25 61:2 68:13 71:16 73:4 80:9 89:3 116:22 123:25 134:11 136:12 163:16 175:19 192:13 aims 43:8 air 101:24 118:17 173:23 177:19 Albee 99:16 Alejandro 126:17,23 Alexandra 91:17 Alfred 7:19 alleviate 124:7 alley 12:21 89:7 Alliance 94:9 119:17 allocate 8:2 allotting 8:3 U.S. Legal Support 1 www.uslegalsupport.com 5 Planning, Zoning and Appeals Board - May 6th, 2026 allowable 29:13 125:8 172:16 allowed 9:13 11:25 26:2 67:19, 21 160:13,14 171:13 189:24 192:13 allowing 30:24 81:8 alluded 42:22 120:16 alter 133:7 193:21 alter- 8:11 alternative 189:9 alternatives 8:11 Altogether 27:8 alum 110:15 amazed 153:6 amazing 191:7 amen 115:23 117:18 154:17,18 amended 5:7 16:15 amendment 59:10,17 102:5 187:6 amendment's 59:15 amenities 78:15 American 75:13 99:14 100:12 Americans 98:2 Amie 92 : 16 amount 23:21 55:12 64:19 76:10 126:10 128:20 139:19 142:18 146:15 152:8 179:13 amounts 191:4 AMS 95:17,19 96:10 analysis 6:10 15:25 107:11 anc- 158:18 ancillary 109:5 157:24 158:15,19 160:4,5,7,9 and/or 17:21 anew 57:14 anger 171:17 angle 92:18 annual 137:22 Anthony 66:6,19 122:25 137:18 anti -theater 118:4 anymore 164:12 171:13 anyone's 73:18 Apologies 87:19 apologize 60:20 154:23 app 101:17 174:13 app- 158:9 appeal 8:21,24,25 9:4 10:11, 12,14,23,24 11:16 57:5, 13,17 62:6 97:13 appealable 52:25 53:6 appealed 57:17 132:20,21 134:23 193:9,12 195:1 Appeals 5:3 9:12 25:24 appeases 151:1 appellate 9:3 10:22 11:19 135:19,24 applicable 17:2,14 83:7 applicant 9:2 10:22 11:15,17,23 12:2 16:7 17:2,7,14 19:1 32:21 181:6 189:24 applicant's 9:9,25 15:23 19:7 applicants 55:22 199:15 application 15:25 16:6 22:5 25:24 27:15,17,19 29:5,12 31:9 35:1 62:3 85:5 99:21 118:12 121:21 133:10,19 141:4 157:19 158:3,9 161:8,18,20, 23 163:10,14 164:25 165:18,24 179:17 applications 162:18,19 174:11 applied 17:10 apply 64:10,11 179:18 applying 55:15 appointed 77:16 95:14, 16 appreciated 195:22 approach 101:8 116:10 approached 118:6 appropriately 24:16 151:14 appropriatene ss 8:18 10:8,16 11:3,7 28:1 111:20,21,22 112:4,17 132:16,18 U.S. Legal Support 1 www.uslegalsupport.com 6 Planning, Zoning and Appeals Board - May 6th, 2026 134:21 135:3,13,16 136:7 137:7 152:4,6 167:11 approval 9:9 10:5 11:21 15:22 16:16 19:8 21:22 22:16 27:25 62:7 101:8 121:11,12,13 123:23 133:18 134:24 135:2,12 136:21,23 137:8,9,10 152:2 167:9 181:24 182:5 200:12 approvals 22:5,17 123:22 124:3 approve 9:12,17 10:2 11:23 80:12 81:7 83:25 99:20 108:1 117:10 147:5 154:16 175:13,16 184:23 186:17 200:1,2 approved 8:17 9:24 10:16 11:2, 5,9,10 12:2 13:11 14:2, 22 19:6,15 22:6,13 26:17 27:15 86:5 120:20 121:20 122:20 123:2,20 127:8 132:15,17,23 134:23 136:8 137:4 152:5 159:14 166:12,16 167:11 187:23 approving 5:4 62:23 135:10 approximately 6:11 7:10,12 12 : 14 April 8:17,21 11:7 26:1 Aramis 105:1 arborist 90:4 Arch 11:13 arch- 90:3 archeological 17:5,8 26:6 173:20 archeologist 17:8 architect 123:4,8,16 126:9 145:23 architects 31:19 56:4 90:4 111:4 121 : 24 architectural 7:17,18 14:25 26:4 67:8 111:22 141:13 159:3 architectural ly 12:10 architecture 7:17 11:12 65:18 97:2,5 161:17 area 14:1 17:6 18:4,16,23 26:12 29:1, 2,23 30:4,5 31:1 66:21 77:23 87:6 90:7 94:9, 12,20 95:8 98:20 104:15 110:2,3,5,6, 8,9,13 118:22 123:18 128:11 12 9 : 14 130:12 140:20 169:12 177:2 187:21 192:7 areas 27:8 31:2 108:22 127:6 argue 119:21 arguing 33:24 argument 42:23 59:4 193:23 arguments 32:20 37:15 170:10 Armbrister 92:15,16 115:21,23 153:16,17 154:2,6,15, 20 192:24 193:1,4 Arquitectonic a 16:25 101:5 126:24 arrive 81:5 Arsht 99:8 art 16:11 17:18, 20,22,24 82:19 185:22 186:3 Article 5:5,9,11,12, 13,15 9:16, 25 16:4,14 17:19 18:1,7 19:9 32:12 62:25 158:20 asbestos 26:3 Ashlee 20:25 25:5, 12 asks 102:22 185:17 aspect 147:2 148:3 aspects 120:14 asphalt 176:23 assembly 158:24 assess 32:10 assistance 89:19 Assistant 21:9,12 asso- 16:19 49:18 Associate 84:21 association 42:20 46:4 48:5,7,18,20 49:2,3,6,8, 11,14,17,19, 23 52:8 87:22 112:11 U.S. Legal Support 1 www.uslegalsupport.com 7 Planning, Zoning and Appeals Board - May 6th, 2026 119:20 associational 48:16 associations 49:1 assume 107:11 assuming 7:23 assurance 18:10 assure 29:25 atmosphere 86:19 attached 6:1 attachments 5:3 attack 118:18 attend 100:10 attendance 79:21 attended 31:14 51:3 100:11 attending 21:4 92:5 attention 26:15 38:12 100:3 attorney 21:9,12 25:19 27:1 29:22 41:8 46:6,7,8 61:21 117:22 132:17 133:13 134:2 192:20 193:12,23 attorneys 31:19 attract 87:6 attractive 23:5 attracts 98:25 99:6 auction 7:22 auditorium 163:6 authority 31:17 97:17 137:25 authorization 38:8 61:23 62:2 133:2 authorize 38:8 133:17 authorized 112:3 automatic 11:20 automatically 65:23 Ave 69:18,21 85:10 105:5 Ave- 127:15 avenue 5:22 6:24 12:20 13:8 15:2 40:14 63:20 66:7, 19,23 67:20 68:5,22 69:1 70:5,8 73:15 80:17,25 83:24 84:17 86:13,15 87:21 88:1,7 89:6 90:11, 21,24 91:8, 18 92:16 93:9 104:11, 12,17,19 105:2 109:19 110:2,3 113:12 114:17,19,23 115:1 116:1, 3,6,13,14 117:21 123:5,7 126:24 128:18 139:25 153:18 154:12 avoid 153:23 award -winning 77:24 aware 120:22 138:3 152:11 174:24 awareness 161:10 185:12 Aye 162:24 B baby 87:19 back 7:15 21:8 22:3 24:19, 22 25:1,20 27:8 30:4,9 42:6 44:1 45:13 51:7 56:4 63:16, 21 64:21 70:19 74:19 76:18 77:18 82:15 85:5,6 88:14 90:24 92:1 93:21, 22 94 : 2 98:14 99:20 100:23 101:1 102:21 104:4 108:24 112:22 113:6 121:16,17,18 122:14 124:17 128:1 129:2 130:11,16, 18,20 131:10,11 132:20 133:22 136:11,17 142:12 146:25 147:6,8 166:23 167:9,17 168:19 169:2 170:18 173:21 177:11 179:10 180:8,24 182:8 187:19 190:25 191:1,8 196:9 199:19 background 7:7 12:4 19:23 52:10 151:11 backs 169:19 backup 169:20 backyard 39:20 89:22 91:13 93:8 bad 81:16,19 82:6 104:12 147:22 bags 81:3 Bahamas 103:10 104:1 Bahamian 66:25 103:11 Bailey 47:6,11 U.S. Legal Support 1 www.uslegalsupport.com 8 Planning, Zoning and Appeals Board - May 6th, 2026 48:2,8 52:14 53:21,23 54:18 59:10 60:20,21 162:11 166:7,14,19 168:8,12,14 175:19 180:4,18 183:16,17 188:15,16 189:20,23 190:18 191:17 balance 86:1 147:23 balances 86:3 balancing 24:9 bandages 93:17 bands 117:5 bank 105:5 123:7 bankruptcy 122:11 126:15 Banyan 95:14 banyans 145:6 bar 89:22 117:7 Baraloto 113:11 Barbara 83:23 barbed 69:11 barely 116:2 141:16 142:15 barrier 41:15,17 63:22 71:23 72:25 85:14 87:9 90:20 144:13 155:5 barriers 92:3 182:2 bars 64:19 142:12 base 18:17 78:13 107:11 based 12:3 13:16 15:25 27:20 28:19 47:14 51:5 143:19 165:10 166:4 baseline 18:5 basic- 39:25 basically 29:14 57:14 58:12 83:25 98:4,5 185:14 basis 33:12 107:14 162:14 batch 16:25 bathroom 143:3 bathrooms 142:12,14 battles 149:16 Bay 116:9,18 Bayshore 74 : 13 beaches 99:5 beautiful 72:1 73:19 85:8 93:4,24 98:3 102:8 108:23 119:6 beauty 161:17 Beckett's 99:14 bed 113:1 bedtime 87:20 beeping 169:18 beg 94:4 began 139:20 begin 26:2 beginning 35:2 38:1 55:9 111:1 122:23 191:6 195:12 behalf 48:4 49:22 52:11 94:8 105:14 112:11 117:17,18 197:18,19,20 beige 14:14 15:6,7 beings 82:10 belabor 43:3 71:3 138:10 believes 42:25 103:6 bell 75:20 belong 148:18 belongs 147:11 158:2 bend 65:11 beneficial 93:3 benefit 56:23 57:2, 25 75:14 77:20 79:5 103:22 126:3,5 153:6,8 benefits 57:9 72:9 73:6 118:23 122:4 171:11 172:10 185:10 195:24 196:6 Berrien 40:13,20,24 41:2,4,6,8 42:8 47:14, 18 117:20 120:5 182:17,23 192:10 beverage 12:15 27:5 29:1 106:2 126:8 bid 31:17 108:5 Bierman 98:17 big 39:21 58:19 82:13 100:22 115:1 142:3, 4 146:18 173:4 bigger 24:5,6 163:7 bike 169:6 bikes 81:2 billed 124:3 Billy 100:7 U.S. Legal Support 1 www.uslegalsupport.com 9 Planning, Zoning and Appeals Board - May 6th, 2026 Biltmore 98:19,21 binding 42:3 118:23 119:3 140:16 195:24 196:5,8,12 birth 115:22 Biscayne 71:24,25 73 : 2 bit 29:16 32:17 33:1 37:7 47:20 48:19 49:1,6 51:12 66:10 87:24 110:22 114:9 115:12 118:5 128:17 144:6,16 153:6 158:1 169:14,16,21 170:3 black 70:9 73:20 103:11 189:15 blanche 123:25 bless 112:22 154:18 blessing 113:2 blessings 113:3 blighted 108:9,11,21 118:7 block 41:15 79:1 108:22 144:12 blocks 80:25 blog 97:4 blowing 70:1 113:21 blue 29:1 146:14 board 5:3 6:4 8:5 9:9,12,18 12:8 13:3 14:3 20:1,13 21:2,6,12 22:4 25:24 27:12 28:1,2 31:10 32:11 34:7,16,22 43:17 53:2, 14,15,18 54:10 55:3 56:2,14,25 59:7 64:22 65:8 66:7 74:16 77:14 81:14 87:12 93:22 96:17 100:18 105:9,12 106:25 108:3 110:14,16,25 111:3,20,21 112:3,15,19, 22 113:7,19, 25 114:15 115:25 121:10,13, 17,18,22 124:12,15 132:15,17,20 134:22 136:14 144:10 145:15 147:5,6,7,8 148:7,10 149:23 150:13,14, 15,17 151:3 154:9,22 155:3 156:23 159:7,13,15 161:9 167:6 168:20,25 170:18 173:9 187:13 194:18 195:22 197:13,21 199:19 boards 30:24 body 32:22 74:21, 25 135:10 144:19 bog 53:18 bomb 175:8 bombarded 116:4,6 bond 8:2 book 90:22 101:13 bookstore 143:3 born 115:15 154:25 bottom 97:23 98:10 bought 92:20 Boulevard 105:14 bounded 18:4,16 boutique 27:2 126:9 boutiques 50:22 147:3 Bowl 95:15 box 130:19,23 boxitecture 65:17 bracing 26:18 Braganza 83:24 brand 27:3 break 35:6 151:8 152:20 brick 81:20 101:20 Brickell 101:19 147:11 briefly 66:12 79:24 bring 6:6 21:7 25:20 27:8 40:4 77:17 78:23 82:15 88:4,10,14 92:1 99:2 101:16 105:18 107:4 108:24 122:13 152:25 161:9,22 181:14 bringing 38:12 63:21 88:18 99:19 119:12 159:22 brings 106:20 Broadway 99:17 131:24 132:1,4 broken 97:6 brought 46:23 71:15 89:6 91:22, U.S. Legal Support 1 www.uslegalsupport.com 10 Planning, Zoning and Appeals Board - May 6th, 2026 24 136:17 159:7 173:16 Broward 73:17 Browning 7:19 buffer 180:14 buffers 129:7 Buffet's 100:15 build 24:5 67:1,2 91:13,25 116:21,23 124:3 126:1 164:9 171:19 173:4 build- 78:22 building 6:21 7:1,4, 11 12:11,19 17:4,7 18:3, 13,15,17,21 19:12 23:1, 24 26:11,21, 25 29:7,14, 16 31:5 73:5 75:13 81:18 82:22 101:4 102:7 109:4 115:6 128:1, 2,11 129:7, 12,17 141:20,22 150:19,20,21 156:6 161:16 176:1,2,7,24 177:21,23 178:14 179:3,19,22 186:1 188:1 building's 26:22 55:10 buildings 12:20 130:8 144:15 156:4 161:15,19 179:20 built 27:4 67:13 78:9 103:10 115:7 125:14 139:17 161:16 185:13 bulk 127:11 128:19,23 129:14 147:20 bumps 104:18 bunch 102:24 143:12 burden 107:12,13 122:10 126:14 bureaucracy 53:19 Burns 108:3,4 business 108:4,7 120:20 124:22 150:1 businesses 73:9 84:2 99:2 116:4 buy 50:9 144:14 buy -in 153:3 calculated 129:14 calendar 171:6 Calhoun 93:14 call 27:9 61:13, 20 104:16 183:15 188:5 192:7 called 41:18 96:24 106:14 111:8 118:6 137:9 198:17 calling 5:2 59:20,24 60:2,5,8,11, 14,17,20 72:21 183:16,19, 22,25 184:3, 6,9,12,15,16 188:6,9,12, 15,18,21,24 189:2,5 calls 96:11 Camp 71:24,25 73:1 campus 29:4 119:12 candle 82:18 canopies 14:8 15:18 canopy 15:12,14 17:12 145:5 capacity 161:24 163:2 car 147:17 153:22 car- 161:20 Cardoch 51:17 53:7 56:8,11 59:21,22 168:22 172:2 183:22,23 184:22 185:5 186:16,25 187:6 188:6, 7 198:25 199:2,5 cards 75:2 care 116:25 118:1 153:19 173:25 carefully 26:4 114:2 118:12 caring 173:24 Carnival 100:16 Carolis 52:4,6 60:5, 6 105:8 155:14,20,25 156:7,9,12, 17 157:2,5, 8,17,19 159:24 162:2,4 163:1,13,16, 22 164:4 165:16 166:1 179:16 184:3,4 188:18,19 carpal 101:24 carried 26:5 carries 103:9 carry 52:23 57:6,9 161:17,20 carrying 58:1 U.S. Legal Support 1 www.uslegalsupport.com 11 Planning, Zoning and Appeals Board - May 6th, 2026 cars 50:19 80:19 98:1 104:17 146:9 168:1 carte 123:25 carveout 171:15 case 9:3 10:22 11:19 33:2, 16,21,23 34:18 37:3,7 38:2 39:9 45:21 46:5, 12,13,18 49:17 51:1 77:10 88:17 111:17 118:20 126:1 157:25 187:14 198:3,24 case -by -case 33:12 162:14 cases 47:3 54:15 catastrophic 160:24 catch 195:8 caused 182:20 cement 101:20 110:6 center 68:7,10 99:8 125:14 141:20 central 30:21 77:21 century 100:18 certificate 8:18 10:8,16 11:2,6 17:6 19:12 28:1 111:19 112:4,16 132:16,18 134:21 135:2,13,16 136:6 137:7 152:4,6 167:10 certificates 111:20,21 certiorari 134:25 cetera 33:19 127:20 198:13 chair 19:25 20:3, 7,11,14,16, 20,22 21:11 17 24:24 31:21,24 32:3,6,8,10 21 33:16,22 34:12,24 35:4,10,12 36:1,4,10, 19,23 37:3, 6,10,18,21 38:14,17,19 22,24 39:1 40:9,19,23 41:1,3,5,7 42:6,9 43:7 13,15,18 44:5,10,15, 18,24 45:3, 5,23 46:1,6 10,21,23 47:1,2,13, 17,19,25 48:15,24 49:7,16,20, 24 50:2,5 51:16 52:4, 5,14,17,21 53:12,13,20 21,22 54:3 56:9,10,18, , , , , , 20,22 58:2, 150:12 3,21,24 152:19 59:2,9,14,19 153:14 60:17,18,24 154:1,5,14, 61:2,7 65:3 19,21 155:13 66:14,17 162:1,3,5, 74:10,15 10,16,20,25 75:21,23 163:12,15,17 76:1,6,8,9, 164:3 13 77:11 165:14,25 78:17 79:11, 166:6 167:6 14,16,23,25 168:5,11,13 80:2,4,6,7,9 170:20 81:12,14 172:3,5,7,9, 83:1 84:12, 13,17,19,21, 14 87:17 23 173:7,11, 89:2 91:6,16 15 174:21 92:14 93:12 175:10,14, 94:6 97:8 19,21 177:24 100:4,5 178:3,5,9, 102:17 103:3 12,16,23,25 104:9,25 179:4,7,15, 105:11 108:2 16 180:2,4 109:17 181:4,8,13, 110:16 112:8 17,19 113:10 182:11,13 114:14 183:1,3,4,7, 115:20 8,9,10,12,15 117:19 184:16,17 120:4,6,9 185:4,7,20, 126:19 24 186:5,9, 130:14,21 15 187:12, 131:2,6,8, 16,18 188:4 11,13,15,20, 189:5,6,12 23,25 132:2, 190:3,18,21 10,13 134:6, 191:17,19 8,10,13 192:23,25 135:6,9,14, 193:3,5,7, 16,21,23 10,15,18 136:1,4,9, 194:2,5,8, 18,24 137:1, 11,14,22,25 7,11,16,19 195:2,4,5,6 138:4,7,22, 196:25 24 139:1,3, 197:5,10,15, 6,13 140:11, 18,23 198:1, 17 141:25 14,15,17,21 142:9,11,22 199:9,11,13, 143:6,12,15 15,20,25 145:13 149:9 200:2,19,21 U.S. Legal Support 1 www.uslegalsupport.com 12 Planning, Zoning and Appeals Board - May 6th, 2026 Chair's 42:14 chairman 77:13 95:14, 17 challenge 39:12 62:7 68:16 challenged 57:7,8 134:25 challenges 124:9 126:16 129:11 change 14:6,10 15:15 33:8 39:21 41:9, 17 42:2 54:15 56:5 92:10 129:15 148:18,23 changed 15:8 90:12 97:19 122:21 changing 193:24 200:16 Chapter 17:15 28:3 111:8,25 112:2,18 character 12:2 25:21 33:7 64:1 148:23 168:12 charge 78:12 112:1 Charles 5:22 6:24 13:8 15:1 31:2 40:14 63:20 66:7, 19,23 67:20 68:22 69:18, 21 70:5,8 73:15 80:17 83:11 85:10 23 87:21 88:1,7 90:11,21 91:18 93:25 94:21 104:11,12, 17,19 105:2 109:19 110:1,3 114:17,25 115:9 116:1 117:21 123:5,7,18 129:23 130:15 139:25 189:22 charm 25:11 Charrette 95:24 charter 10:18 chats 113:21 check 117:15 child 31:15 children 41:25 78:2, 23 82:12 89:13 92:22 100:9 106:20 115:23 children's 78:19 163:7 choice 105:17 choose 104:5 163:8 choosing 164:23 chopsticks 102:2 CHORMANSKI 89:4 Chris 60:2 113:11 183:25 188:12 Christ 80:24 114:17 115:22 Christian 114:17 Christopher 94:7 Chug's 141:21 church 80:24 114:17 115:6,9 church -wise 114:25 churches 72:18 73:12 81:10 84:19 94:11 102:14 103:24 119:18 125:11 CI 5:24 6:15 22:12 28:18 110:20 156:21 157:1 158:5,11,22 159:20 165:13 166:2 CI's 110:21 Circuit 9:4,5 10:23, 24 11:16,19 circulation 13:17 15:20 30:20 circumstance 61:10 cited 8:7 cities 99:9 citizens 33:5 city 5:6 7:9 8:10,22,24 9:4,6,24 10:11,15,17, 18,20,21,23 11:1,17 17:1,3 18:12 19:19 21:25 22:4,7 26:17 27:25 28:19 34:5 38:4,12 39:9 52:23, 25 53:6 57:6,7,12,13 59:5 61:9, 11,20,25 62:8,23 63:16 64:10 65:21 66:24 67:2,3,5 68:23 69:3, 21 70:12,17 71:4,18,20 72:10,13 75:6,16 76:23 77:22 79:6 85:20 86:1,4,6 88:2,5,11 89:23 90:1, 12 99:3,4,5 108:10,17 113:3,4,21, 22 120:22 123:20 127:7 129:5 132:21 134:17,23,24 135:2,11 140:6 143:3 148:19,20 151:17 154:24 156:17,24 U.S. Legal Support 1 www.uslegalsupport.com 13 Planning, Zoning and Appeals Board - May 6th, 2026 159:8 160:22 162:19 173:25 174:18 179:20 186:22,25 City's 27:20 29:6 107:23 133:1 civic 5:10,24 12:25 16:22 28:4,22 35:23 37:24 39:21 41:10 62:16,18 69:15 84:3 85:24 90:17 106:23,24 107:3 109:21 122:6 142:17 143:20 155:1 civic -owned 71:11 civic -zoned 70:24 civil 151:11 cl- 92:3 claim 72:10 106:4 claimed 97:1 156:19 claims 71:20 clapping 83:2 clar- 49:25 175:1 clarification 37:12 52:14 53:7 76:19 175:20 187:17 clarified 130:12 clarify 37:11 46:23 123:10,12,14 135:9 138:10 149:25 177:20 clarifying 37:17 138:4 clarity 22:20 class- 160:2 classificatio n 157:21 160:1 classificatio ns 160:2 classrooms 106:13 127:23 clause 6:2 clear 47:3 55:14 69:23 71:22 73:2 76:14, 21 85:12,17 87:8 89:9 90:19 102:11 106:18,25 107:18 111:25 119:7 123:18 127:7 132:23 135:4 138:24 139:19 140:20 142:16 150:7,11 165:4 171:9 190:3 193:13 195:17,23 197:22,25 clerk 5:2 22:2 59:15,20,23 60:1,4,7,10, 13,16,19,22 76:8,10 84:12,15 183:16,18, 21,24 184:2, 5,8,11,14,18 188:6,8,11, 14,17,20,23 189:1,4 194:23 195:1,3 client 33:17 clients 39:13,14 43:11 62:19 81:5 clog 80:20 close 40:12 79:18 84:12 95:3 124:7 129:3 166:17 169:8,9 closed 100:21 171:6 closely 50:13 85:14, 23 168:16 closer 191:5 closest 40:11 91:1 closing 169:4,10 193:23 closure 151:21 club 50:21 clubs 111:15 coastal 99:4 cobblestone 82:6 Coconut 5:9 6:8,12 7:15,24 12:24 16:18, 24 25:17 31:14,17 66:20 67:1,3 72:16 74:13, 24 75:11 77:17 78:1 80:11,23 81:2 82:2 83:3,24 84:2,18 86:11 90:10 91:9,10 92:13 94:8, 9,10 95:23 96:25 97:3 99:11 100:10,13,18 103:7,12 108:4,6,8, 14,20 113:12 115:17 116:11,12 122:11 124:17 196:4 Cocowalk 61:13 83:25 95:3 142:2 code 5:6,7 8:7 16:3,15 17:15,20,21 18:8 19:8, 10,19 22:8, 12,23 23:5, 10 28:7 29:9,19,20 30:2 46:13, 18 111:10,12 160:8 161:14 code -required 23:20 24:1 Cohen 100:11 U.S. Legal Support 1 www.uslegalsupport.com 14 Planning, Zoning and Appeals Board - May 6th, 2026 coincidence 128:19 collapse 101:25 collapsed 102:4 colleague 113:25 colleagues 159:10 collect 81:3 collection 27:6 collectively 48:3 Collins 36:25 37:5, 17 44:20 45:1,4,24 60:2,3 77:11,15,19 150:13 152:7,17 180:9,21,23 183:25 184:1 187:3,8,10 188:12,13 189:12,13 194:20,22 195:5,7,11 196:11,15, 19,21 197:4, 9 198:5 199:6,10 200:5,10,20 color 14:11,14 15:7,15 28:22 111:2 color -coded 28:15 colors 28:24 165:18 Columns 11:14 com- 8:14 126:12 combined 13:22 comfortable 87:8 196:7 comment 35:6 36:11 37:8,13 42:7 43:24 44:9 51:20 52:18 53:24,25 61:6 84:13 121:10 127:6 183:5 comments 16:5,6,8 17:9 53:16 56:16 57:10 59:12 65:6 165:11 169:3 commercial 5:13 13:1 22:25 29:6 38:4 39:18 41:11,12,15, 17 50:15 61:12 62:17 63:18,20,24 64:4 68:1,3, 4,5,6,7,8, 16,21,25 69:2,5,12,13 70:23 71:5, 6,7,8,12 72:23,25 73:10 75:9, 16 82:21 83:25 84:9 85:12,24 86:14 87:5, 10,13 90:16 91:12,15 92:9 98:21 103:20 105:20,21,22 106:5,9,17, 21 107:18 109 110 118 119 123 124 128 134 139 141 142 146 147 148 149 153 154 158 165 166 170 195 196 200 :23 :10 :2,15,19 :4 :16,17 :10 :14 :2,3 :19,22 :15,23 :4,18 :20,24 :2,20 :1,3 :12 :19,24 :13 :2,18 :12 :2,10,13 :22 :16 :13,18 :9,14 commercializa tion 68:17 69:8 72 : 2 commercialize d 68:12 commission 7:9 8:22,24 9:4,6 10:11, 15,19,21,24 11:1 52:23 53:1,6 57:6, 7,12,13,17, 19 58:7,9 59:5 113:22 132:22 134:23,24 135:11,18 136:1 137:4 156:24 160:22 Commission' s 135:2 commissioner 122:3 125:3 138:13 181:20 commissioners 58:4 89:12 commitment 126:13 145:7 commitments 103:19 committed 24:16 committee 95:15,17 committees 96:5 Commodore 116:4 common 75:5 82:14 commonsense 83:15 116:22 communicated 200:11 communicating 125:22 communication 85:20 89:16 102:21 communication s 34:16,17,23 134:18 communities 66:20 70:9 119:4,7,18 154:2 community 5:10 8:14 12:3,25 13:15 22:14, 18 23:13 27:7 30:6,7, 11 33:4 40:3 50:13 51:2, 10,14 52:12 56:17 64:25 U.S. Legal Support 1 www.uslegalsupport.com 15 Planning, Zoning and Appeals Board - May 6th, 2026 67:7,10,14, 23 68:2,7,12 69:1,8,12, 14,23,25 70:25 71:21, 22 72:5,7,8, 9,11,19 73:19,20 74:5 78:6 81:5,9,10 82:10 83:18 84:18,22 85:1,5,8,19, 22 86:4,7 88:19,23 91:14,22 92:2,21 93:2,5,8,19 96:3,6,15 99:11 102:22 103:12,15, 18,23 104:2, 6 105:4 106:20 109:7,10 116:9,16,19, 23 117:1 118:1,6,19, 23 119:11, 13,22,25 122:4,16,18, 19,21,25 123:15 124:15 125:3,9,12, 22,25 126:22 127:19 128:15 133:20,21 139:2,10,18 144:1,4 145:8 153:2, 6,8,10 154:25 155:10 158:6 160:25 161:13 163:11 164:1,15,16 169:18,21 170:8,13 181:7,14,16 182:19 189:16 190:14 191:20 195:24 196:6 198:9 community's 138:21 community - serving 29:4 company 79:4 108:11 comparison 13:20 competent 62:21 107:6, 7,14,17,20, 23,24 competing 84:1 123:3 125:20,21 complaint 193:8 complete 51:13 92:10 167:3 completed 26:3 123:20, 21 completely 90:22 96:20 130:8 compliance 16:2 19:7,20 22:23 compliant 24:15 complicated 145:14 complied 62:1 96:18, 22 133:15,18 complies 23:5 comply 17:2,14,18 19:1,16 complying 65:16 component 13:1,21,23 15:4,6 150:24 158:18 185:14,22 195:16 compounded 64:8 comprehensive 16:5 compromise 23:19 88:11, 25 89:1 190:15 con- 80:14 conceal 176:15,18,25 concealed 130:8 177:8 conceals 127:14 176:11,13 concept 133:8 conceptually 8:18 concern 48:10 53:23 69:22 115:12 142:1 156:9 concerned 41:9,13,19, 24,25 85:11 90:14 101:22 151:16 163:6 169:4 concerns 22:22 53:9, 10 61:14,16 65:1 66:12, 13 70:21 71:2,21 72:14 74:6, 8,20,23 80:15 85:18 86:9 87:12, 15,23 88:12, 22 89:20 90:8,19 91:1,4,23 92:12 104:8 114:20 115:10,13 118:24 122:3 151:10 158:11 168:23 195:12,25 conch 67:15 concise 43:20 44:22 conclude 62:23 concluded 39:25 concludes 19:22 63:16 conclusion 59:11 107:14 conclusory 62:23 concrete 11:14 23:24 26:14 195:24 concretely 144:6 concurring 9:18 condition 17:4,11,17 18:1,14,21, 25 19:10,16, 19 63:7 101:23 U.S. Legal Support 1 www.uslegalsupport.com 16 Planning, Zoning and Appeals Board - May 6th, 2026 112:13,14 123:21 124:14 145:10 151:25 152:2 159:15 168:3 182:5 185:2, 19 conditions 5:4 6:25 8:17 9:1 15:23 16:16, 21 17:10 19:17,21 112:13 113:5 144:8 157:14 159:21 173:8 181:24 182:4 184:23 189:14 195:14,20 200:13 condominium 75:15 conducive 85:2 conduct 32:19 confinements 152:4 confirmation 19:8 confused 190:5 confusion 105:19 congest- 39:16 congested 50:19 86:22 congestion 30:18,19 86:19 connect 77:25 168:16 connected 30:8 73:18 125:15 connecting 18:6,20 73:17 connection 129:2,5 connections 19:3 connectivity 186:20 consequences 19:6 conservation 6:12 17:6 67:4 consideration 11:19 33:10 61:4 74:21 86:2 87:13 159:23 184:24 186:18,19 consideration s 22:22 considered 16:9 54:12 57:5 113:18 156:25 158:15 160:11 consistent 141:19 consistently 107:22 consisting 7:12 consists 6:15 40:21 constituents 80:14 113:13 constrained 29:24 constraints 23:7,25 construct 12:11 constructed 7:16 122:15 construction 12:23 26:1 70:7 71:17 74:14 80:13 85:13 86:22, 24 90:23 101:23,25 110:9 115:4 140:3,5 141:5,6 143:10 151:17 167:2,8 construction' s 55:10 consultant 96:10 consultation 28:19 contained 7:10 contemplated 156:15,17 160:9 170:16 182:3 contemplation 124:25 159:17 contentions 88:2,8 contesting 66:13 context 6:19 35:18 61:9 67:16, 24,25 68:9 69:16 contextual 157:15 continue 25:25 31:18 51:14 52:2 53:11 112:25 124:16 126:22 160:13 162:8,9 170:15 198:9 continued 81:8 191:3 continues 26:23 122:20 contracted 7:24 171:22 contracts 172:11 contribute 49:5 contributing 154:6 control 96:1 100:19 159:18 controlled 109:25 controls 107:5 convenience 104:7 conveniently 103:15 conversation 55:8 76:1 98:24 165:3 180:8 conversations 55:18 77:24 141:11 182:20 conversion 37:24 convert 61:12 converting 35:23 conveyed 139:18 convoluted 165:3 cool 171:3 U.S. Legal Support 1 www.uslegalsupport.com 17 Planning, Zoning and Appeals Board - May 6th, 2026 coordination 186:21,25 copies 95:21 copout 186:7 copy 22:1 coral 72:1,24 77:17 85:14, 15 93:24 98:20 102:11 170:23 171:2,3 182:3 coral -lined 71:23 Corben 100:5,7 102:18 149:3 core 73 : 21 corner 12:20 13:18 146:19 179:1 corners 38:15 correct 40:20 48:5 118:3 132:14 134:1,3,22 135:12,25 136:2,3 137:5 163:19 193:15 199:23 correction 134:8 correctly 167:7 175:5 corridor 151:21 152:13 180:15 corroded 26:14 cost 17:25 78:11 144:22 160:23 191:3 costs 78:11 Council 113:13 119:21 counsel 42:18 48:16 101:14 200:10 count 47:14 counter 52:2 54:9 countless 108:6 county 7:22 8:1,2, 10,12,14 17:15,21 20:5,7 21:1 9,12 23:11 25:13,18 27:1 29:21 33:2,20 34:17 35:23 38:1,3,5,13 48:13 51:18 23 61:11,17 62:3,10 63:10,21 65:15,20 70:19,20 75:7 76:23 77:23 78:14, 19,23 79:6, 19 83:21 84:10 89:12 91:24 94:3 95:24 96:17 101:14 111:1 112:22 113:3,8 119:1 120:7 122:7,12,17 125 126 129 132 133 134 136 137 138 144 147 150 151 152 156 167 170 173 180 181 185 186 190 192 193 194 197 :1,20,22 :1,4 :4 :15,17 :1,13,20 :1,15 :12 :21 :20 140:9 :1 146:21 :2,3 :16,18 :24 :22 153:1 :2 166:9 :10 :14 :14,25 :5,13 :15 182:6 :21 :13 :1,16 :11,20,24 :17,19 :12 :14,22 County's 42:2 81:19 84:4 118:12 140:15 190:12 195:17 County -run 73:8 couple 31:25 47:6 198:12 court 9:4,5 10:23, 24,25 11:16, 19 39:24 52:24 57:7,8 59:5 112:24 135:1,24 courtesy 83:14 Courthouse 7:22 Courtney 40:13 117:20 122:25 courts 33:5 107:21 cousin's 99:17 covenants 33:7 cover 25:22 127:3 129:18 coverage 5:16 13:4 29:14 62:11 64:13 covering 169:1 covers 51:7 craft 109:14 crated 26:4 crazy 173:21 create 86:18 94:15 95:19 102:24 112:3 142:5 created 95:15 96:24 103:11 creating 30:6 83:11 87:9 crime 87:5 Crisis 80:23 criteria 16:2 33:5 45:9 46:22 54:14 64:11 65:23 72:6 U.S. Legal Support 1 www.uslegalsupport.com 18 Planning, Zoning and Appeals Board - May 6th, 2026 critical 27:13 cross- examination 32:20 cross-examine 43:14 57:4 Cruz 65:8 cubes 67:19 cul- 161:6 cultural 8:3 21:2 25:13 29:4 71:11 72:24 74:24 78:15 90:17 99:11 103:25 119:11,12 158:6,10 171:21 185:21 186:11,23 187:1 196:17 culture 25:21 99:9 103:9 161:7 curb 123:5 130:3 curbing 130:10 curious 151:24 195:9,19 current 13:3,5 29:5 41:23 96:11 97:1 98:18 139:1 150:21 181:2,4 197:12 curve 143:9 customers 86:18 cut 123:5 138:12 139:10,14 141:1 162:6 cut -through 80:18 cutoff 162:7 cutout 139:24 140:1,4 cuts 130:3 cutting 62:12 cycle 121:17 cycles 159:13 D dad 87:20 Dade 33:2 daily 87:14 dark 81:6 99:23 data 18:22 146:7 date 6:3 25:22 70:15 dated 9:5 10:25 dating 117:14 David 34:5 35:9 37:22 83:6, 16 114:16 day 85:22 87:2 90:21 105:16 109:6 151:9 152:14 154:23 days 79:18 195:3 de 53:6 57:5, 13,23 58:8 60:5 105:14 184:3 188:18 deaf 154:9 deal 70:1 141:3 173:4 dealing 38:12 75:3 dealt 113:17 Dean 97:9 Debbie 80:11 decade 154:7 decades 41:17 100:14 122:19 December 8:23 11:22 decide 37:12 52:17 77:6 112:12, 15 decided 32:20 91:12 116:15 decision 9:1 16:10 52:24,25 53:2,5 57:11,12,23 62:8 65:25 107:15 117:16,17 155:6 180:16 194:23 decisions 110:19 121:20 deck 175:24 176:4,6 177:7,14 decrease 5:18 29:20 90:4 decreasing 29:19 dedicated 158:5 deeply 65:20 92:1,8 103:6 defer 48:13 149:23 155:3 166:20 168:9,18 175:6 180:4, 5,7 181:5 198:14 199:22,23 200:4 deferral 152:24 168:13 180:9 182:6 183:1, 12 190:25 196:22,25 197:2,3 200:16 deferred 45:12 deferring 175:7 200:7 define 47:4 defined 39:25 defines 33:2 definite 33:3 U.S. Legal Support 1 www.uslegalsupport.com 19 Planning, Zoning and Appeals Board - May 6th, 2026 definition 32:16 158:4, 11 delaying 198:10,11 deliberate 44:1 deliberating 140:19 delicate 23:19 deliveries 89:9 delivery 86:18 153:24 dem- 70:3 117:13 demands 102:10 demolish 133:17 demolished 7:3 55:10 67:17 97:7 179:21 demolition 6:22 7:4 8:19 10:9 11:8,10 19:13 26:6 70:3,10,16 94 : 4 110 : 4 139:17 140:24 demonstrate 116:25 117:10 demonstrated 117:13 demonstrates 16:2 denial 10:16,19 59:25 66:1 189:11 194:19 200:17 denials 138:1 denied 10:4,7 21:25 134:22 density 74:14 102:19 deny 56:15,21 64:21 66:2 84:9 85:4 133:19 198:16 denying 65:25 83:17 189:25 depart 81:5 department 6:5 15:22 16:1,16 19:2 21:1 25:13 107:23,24 departments 16:8 17:3 19:7 depending 50:24 deplorable 84:5 derelict 190:13 DERM 28:8 descendent 97:10 descent 66:22 68:23 69:19 describe 142:25 desert 74 : 24 deserve 74:21 81:4 91:2 94:23 103:19 169:21 deserves 103:18 deserving 116:23 design 12:11 13:21 14:3,4,7,8, 10,19 15:11, 16,19 51:4 63:8 65:10 67:11 102:8 128:20 130:1 179:3,5,24 180:24 198:12 designated 5:8,23 6:7, 23 7:14 8:6, 20 9:11,15, 20 10:4,10 12:1 16:18 28:18 66:23 67:3 70:8 111:13,16 160:12 161:1 designation 42:12 90:17 136:13 designed 7:17 23:9 101:6 127:24 130:3,10,19 151:13 176:20,25 designing 29:23 designs 68:19,25 desire 129:2 desires 86:4 destroyed 111:18 161:20 destruction 67:23 detail 13:19 141:13 174:20 detailed 26:16 135:3 details 111:23 171:25 deter 130:4 deterioration 26:12 determination 15:24 determined 65:23 develop 116:16 118:22 150:23 developed 157:3 developer 65:11 118:21 119:1 144:14 developers 118:21 developing 38:3 166:4 development 9:9 16:22 17:17,23,25 28:1 41:23 49:19 63:8 65:13 67:9 68:8 70:22, 25 71:1 74:17 75:10, 16 85:24 86:3,14,23 87:14 91:2 103:8,14 117:1 118:5 133:12 138:12 U.S. Legal Support 1 www.uslegalsupport.com 20 Planning, Zoning and Appeals Board - May 6th, 2026 148:4,8 156:20,21 157:1 158:21 161:24 163:2 developments 91:3 118:19 deviate 160:3 deviation 160:1,11 deviations 64:9 dialogue 80:14 140:14 192:17,22 die 79:2 difference 57:20 differently 87:24 160:18 difficult 90:23 163:10,13 difficulties 150:18 dig 17:6 Dingle 114:15,16 dining 15:12 dinners 81:5 direct 30:10 directed 95:16 183:3 direction 88:7 89:18 104:7 107:25 148:21 directly 47:25 49:12 54:11 68:17, 21 69:1,3,9 86:14 89:5 103:22 129:20 178:18 179:12 190:23 director 11:5 19:9,16 21:1 25:13 63:1,4 108:4 121:23 134:2 directors 109:12 dis- 109:2 disappeared 14:23 disapproved 132:19 disclose 34:19,23 disclosures 34:14 discount 73:12 171:23 173:5 discounted 182:9 discounts 171:20 173:1 discretion 42:15 discretionary 65:24 discuss 8:10,15 42:7 76:24 123:22 160:18 182:5 196:23 discussed 161:22 166:18 193:8 200:13 discussing 54:6 163:2 discussion 66:9 67:24 180:10 183:2 196:15 disgusting 109:3 dismiss 198:3 dismissed 193:8 197:11 198:3 displaced 104:3 disrepair 8:9 disrupting 86:19 disservice 170:19 distance 172:24 distancing 19:2 distinction 106:19 distribute 95:21 district 6:13 18:25 67:4 108:5 disturbance 17:5 39:17 64:3 disturbing 65:20 diverting 88:6 divided 127:16 141:18 Division 9:22 divisions 16:11 documentation 138:19 documented 127:8 documents 33:19 67:5 dogs 87:1 dollars 96:8 191:4 Dolson 80:10,11 83:3 donor 78:13 door 40:1 49:9 doors 81:2 Dorazio 103:4 double 27:22 downsides 86:15 Downtown 101:19 dozen 99:24 dozens 100:1 drag 104:16 drainage 28:8,11 31:6 dramatically 90:12 drawing 64:22 93:22 170:18 drawings 69:7 dream 91:9 dreamed 91:19 drive 26:19 74:13 75:13 80:11 83:3 143:9 drive -off U.S. Legal Support 1 www.uslegalsupport.com 21 Planning, Zoning and Appeals Board - May 6th, 2026 93:9 driven 22:21 23:7 drivers 89:7 driveway 5:20 13:6 18:18 30:12, 13 62 : 13 64:14 driveways 18:15 driving 89:7,18 drop-off 80:22 86:21 drowned 80:1 drug 75:17 drunks 97:20 due 11:16 66:1 148:20 dump 94:15 95:1 117:2 140:3 dust 86:23 92:24 117:2 duties 161:10 190:13 dwell 111:9 dynamic 171:12 E ear 154:9 earlier 72:1 106:4, 11 113:24 120:24 136:22 early 45:14 94:16 earmarked 79:3,5 108:12 ears 83:22 earth 14 : 14 easier 50:4,6 easily 42:1 89:17 east 6:17 15:1 85:15 easy 66:2 77:6 147:24 186:7 eat 23:14 economic 39:18 64:5 86:3 103:22 economically 23:11 151:7 Economist 149:4 Eddie 21:9,13 24:25 edge 30:5 edges 18:5,17 edition 65:16 Eduardo 60:8 184:6 188:21 educates 106:21 education 77:25 78:6 79:8 82:15 88:16 125:14 158:7 187:1 educational 78:5 84:6 106:12 113:14 114:12 125:17 158:7,10 185:14,15 186:3,11,23 educator 105:3 Edward 105:13 effect 35:24 42:24 effective 6:3 effects 39:15,18 40:1,5 41:22 45:11 62:20 64:5 efficient 30:14 161:11 164:12 effort 64:25 120:22 125:2 150:25 151:4 160:19 efforts 150:22 172:4 Efren 6:5 21:4 25:19 28:13 156:16 egress 129:19 elaborate 120:13 elderly 81:3 93:11 election 138:14 element 146:24 152:11 elementary 109:8 elements 14:10 26:4 72:8 97:2,5 145:17 170:6 elevation 15:5 150:19 elevations 14:6 Eleventh 9:3 eliminate 10:1 Elliott 7:18 Elon 60:14 183:19 189:2 else's 66:3 117:17 Elvis 65:8 emails 70:19 89:11 emerged 158:1 emphasize 21:20 22:10 105:15 128:9 employees 108:7 employment 102:12 119:10 172:8 enabling 80:13 encompasses 158:17 encroachment 68:1,8,16 69:14 end 31:22 37:14 51:12 55:9 59:11 72:15 85:22 105:16 U.S. Legal Support 1 www.uslegalsupport.com 22 Planning, Zoning and Appeals Board - May 6th, 2026 112:25 149:15 151:8 170:12 176:12 191:5 endeavoring 121:3 ended 90:22 ends 18:7,20 enforce 188:2 Enforcement 8:7 engage 70:18 140:14 engaged 54:19 engagement 51:22 70:20 84:23 85:1,6 144:1 engaging 61:12 engineering 26:16 151:12 engineers 129:25 130:1 enhanced 144:1,17,21 enhancement 98:20,22 186:21 enjoy 23:15 enormous 174:9 ensure 19:20 86:2 159:20,21 ensuring 23:15 enter 95:22 entered 8:13 entering 86:24 entertain 58:8 entertainment 79:8 enthusiastic 56:12 entire 31:2,12 41:21 57:15 77:9 139:10 163:8,18,19 177:3,4 entities 171:21 entitle 33:11 entitled 16:24 17:15 32:22 33:17 157:11,12 entity 6:18 50:3 61:11 74:18 151:5,6 161:5 entrance 50:16 69:21 93:25 95:6, 10,11 entry 129:22 environment 85:2 environmental 8:5 16:11,12 17:16 28:2 39:17 64:3 158:7 envision 112:24 envy 110:18 Episcopal 80:24 eplan 16:5,7 equal 124:22 156:4,5 177:21 equating 85:14 equipment 110:6 Equity 84:18 equivalent 17:24 Equus 82:17 erased 104:3 essential 26:22 29:3 essentially 21:24 66:1 151:8 189:10 established 59:3 estate 154:12 estimation 113:18 Europe 99:10 evening 20:1 21:11 25:16 43:4 65:8 74:12 81:13 84:11, 16 85:9 89:4 90:9 91:7 92:15 100:5, 7 103:4 105:12 106:4 108:3 110:14 113:11,12 114:23 117:20 126:23 127:4 event 102:6 124:13 132:8 163:9 events 30:22 eventually 77:2 everybody's 80:19 everyone's 75:19 135:4 152:17 evidence 33:15,19 57:4,15 62:22 107:7, 8,17,21,25 ex- 6:22 157:13 ex-parte 34:16 exceed 19:14 exceeding 33:4 exceeds 64:6 exception 5:4,9,11,12, 13 9:17 10:2 12:22 16:17 17:1 19:11, 18 22:13,24 27:17 28:6, 16,21 29:5 70:23 71:1 101:3 106:23 107:1,2,17 110:20 129:16 156:21,22 157:21 158:22 159:19 167:1 174:11 179:24,25 187:14 U.S. Legal Support 1 www.uslegalsupport.com 23 Planning, Zoning and Appeals Board - May 6th, 2026 195:19 196:12 200:9 exceptions 5:4 6:9 11:24 12:7, 22,24 15:24 16:19 21:6 27:18,19 28:13,20 62:8,16 65:15,19 80:12 81:7 112:4 123:24 156:15,18 157:11,12, 14,20,25 165:11 166:2 180:3 excessively 149:18 exchange 51:19 excited 108:19 excitement 82:20 exclude 125:7 excludes 19:13 exclusions 112:5 172:10 exclusive 125:7 172:12 182:9 exclusively 106:10 exclusivity 98:11 excruciating 160:21 excuse 38:14 51:8 85:20 127:15 128:3 174:2 execute 133:2 executive 108:4 exemption 72 : 14 exempts 132:25 exercise 61:12 Exhibit 6:1 exist 78:8,15,16 160:3 171:21 177:4 existed 128:4 existence 182:4 existing 6:20,25 12:13 13:8, 9,24 102:1,8 111:15 128:11 129:12,15, 16,21 152:3 exists 92:10 exit 80:20 95:7 exiting 80:19 86:24 exits 95:9 expand 50:16 160:15 expanded 54:11 expansion 5:7 6:7 8:19 9:10,13,14 10:3,9 11:25 13:17 16:17 28:17 expensive 68:11 96:7 experiencing 70:4 expert 111:5 expertise 112:6 experts 144:12 expire 27:16 expired 10:6 21:22 121 : 13 explain 27:21 explained 71:2 exploiting 69:5 explore 182:1 184:25 exploring 185:21 exposed 78:2 expressing 118:25 138:19 extend 77:21 162:3 extended 11:6 44:21 128:22 extension 11:5 19:14 21:24 extensions 120:19 extensive 26:13 extent 58:3,5 125:4 128:14 157:12 171:14 172:16 185:18 extra 43:22 76:3, 10 82:3 157:13 extremely 68:11 113:17 182:8 eyes 83:5,22 F fabric 179:22 facade 23:1 24:12 26:12 101:23 102:6 142:20 144:23 176:12,22 facade's 176:20 facades 12:11 102:3 129:8 face 87:4 127:24 129:11 Facebook 96:24 97:3 facets 21:20 facilitate 55:18 facilities 78:5 102:15 158:8 facility 5:10 8:3 12:25 149:19 158:8,24 198:9 facing 12:16 51:3,5 124:18 127:17 128:16 U.S. Legal Support 1 www.uslegalsupport.com 24 Planning, Zoning and Appeals Board - May 6th, 2026 176:24 fact 33:9 45:16 61:17 63:9 67:18 69:12 87:24 92:7 164:4 166:1 factors 151:13 facts 35:16,17 42:19 105:15 107:8,11,16, 18 141 : 12 142:25 143:1 161:22 163:2 193:21 factual 62:22 143:2 fail 64:10 failed 9:19 64:10 109:5 161:8 189:7 195:15 fails 184:19,20 189:8 failure 19:16 fair 33:23 87:8 88:7 102:12 110:7 116:8 119:10 124:22 135:10 139:6,7,8 145:8 170:1 181:10 182:14 faith 119:18 faithful 193:2 fall 158:12 159:25 fallen 8:9 falls 31:5 102:7 false 132:19 133:21 falsely 38:13 75:9 familiar 156:7 families 85:4 103:11 118:1 family 67:1 70:4 97:10 98:22 100:9 fan 100:22 farther 68:6 fashion 102:23 fast 104:17,19 father 115:8 favor 9:15 54:22 59:25 119:22 162:23 187:15 favorable 119:22 feasibility 95:18,20 96:8,10 feasible 8:11 feature 151:22 February 9:2,8 federal 133:10 feedback 44:22 51:6, 25 53:11 128:24 165:8 185:1 feeding 63:18 feel 20:7 42:1 56:11 58:17 81:16 87:2,7 89:16 93:7 107:12 108:16 118:18 125:22 142:21 143:8 145:18 168:19 169:10,22 180:9,15 195:15 feelings 22:18 195:13 feels 43:17 122:17 feet 5:20 7:10,13 12:14,15,16, 17 13:25 19:3 30:14 35:14,22 37:23 39:3, 12 40:16,19, 20,22 41:12, 24 45:10,12 46:12,13,16, 17,19,24 47:8,15 66:10 71:5,6 72:18 83:15 85:10 86:13 87:21 90:10 91:18 97:11 98:18 103:5 105:2 106:1, 2,7,8,9 109:1 114:18 126:25 127:9,11,16, 20 128:5,12 138:15,18 141:16,24 146:8,9,17 148:16 161:24 174:24 179:14 feet along 18:4,17 fell 122:11,12 fellow 54:10 76:11 148:10 Fellows 115:7 felt 54:21,22 55:6 88:1 118:5 195:20 fence 97:25 116:13,14 164:7 Fenn 85:9 Fernandez 60:8,9 154:22 184:6,7 188:21,22 festival 170:24 field 111:6 fight 61:9 108:15, 18 fighting 61:10 63:19 figure 175:11 file 5:2 11:10,11 U.S. Legal Support 1 www.uslegalsupport.com 25 Planning, Zoning and Appeals Board - May 6th, 2026 filed 8:22 9:2 10:12,22 11:5 197:16 final 10:8 11:6 16:10,24 19:19 32:20 52:25 53:5 112:21 136:15,16, 21,25 137:6 194:24 196:4 finally 72:5 73:10, 14 102:9 107:4,20 112:20 113:1 134:1 finance 149:20 find 24:12 26:11 42:5 62:14, 21 65:20 71:18 149:19 151:6 findings 6:2 53:19 62:23 64:11 fines 19:18 finishes 50:23 fire 16:12 19:2,4 firm 7:17 95:19 103:20 fit 24:1 65:10, 11 142:7 149:10 156:14,19 163:8 FIU 8:12 31:16 78:1 five -hour 180:10 five-minute 35:6 44:8 61:5 fixing 83:17 Flanigan's 100:6 flat 178:15 flip 96:2 flooding 28:12 floor 14:24 55:19 128:3 141:16,25 142:5 145:22,24,25 149:6 150:19,20 177:15,18 182:25 183:11 floors 78:22 146:1 147:4 Florida 5:6,25 7:23 9:4 21:14 25:14 28:3 39:24 61:18 66:21,23 69:20 70:10 73:16,21 83:4 93:16 94:2 99:4,6 107:7 120:16 133:2,3 Florida's 9:22 Florida - friendly 30:3 fly 148:2,3 focus 72:24 154:17 focused 37:1 109:8 folios 108:5 folks 76:18 143:12 173:24 follow 38:5 65:14 146:22 follow-up 48:2,8 food 12:14 27:5 28:25 80:23 105:5 106:1 126:7 foot 62:13,14 71:7 87:11 127:23 141:17 foot- 31:7 footage 13:23 105:24 123:9 158:18 footages 13:20 footprint 29:17 31:4,7 82:23 121:9 force 93:1 forcing 93:7 fore- 167:21 forecasting 167:21 forever 113:2 forgetting 82 : 24 form 7:17 41:23 61:23 88:1 171:5,14 180:25 181:1 formal 149:24 formed 68:15 87:24 forum 144:5 forums 144:2 forward 9:2 11:4 25:7,25 57:5 58:1 79:2 122:21 137:24 144:8 159:23 167:3 170:16 182:21 189:10 found 135:23 Foundation 31:18 78:14 foundations 78:13 fountain 11:13 13:15 four-story 175:16,17, 23,24,25 177:8 178:8 fourth 100:9 145:22,24 149:6 frame 66:9 framework 53:15 frankly 106:13 U.S. Legal Support 1 www.uslegalsupport.com 26 Planning, Zoning and Appeals Board - May 6th, 2026 freewheeling 194:5 friendly 100:6 187:6 friends 71:25 82:8 front 5:22 12:11 13:7 22:25 24:11,12,14 26:12 30:25 31:7 53:15 62:15 71:24 105:23 107:21 128:1 148:1 165:1 frontage 24:13 69:5 129:13 177:4 frontages 128:20 129:10 fronting 6:23 128:18 fronts 23:1,13 Frost 99:9 frustrated 83:10 frustrating 153:11 full 79:21 85:25 140:2,3 144:25 full-time 154:17 fully 26:25 fun 25:9 194:6 function 24:11 129:16 functional 29:23 functioning 158:6 functions 127:11 128:8 funding 8:3 186:1 funds 8:3 furnished 22:2 future 8:15 26:22 54:12 59:4 90:25 103:7 166:22 G Gable- 124:23 Gables 77:17 98:20 Gablestage 31:16 74:16, 21 77:13,15 78:21 81:14, 18 82:2 98:18 100:22 102:13 105:14 106:10,12,16 113:14 114:13 123:13 124:23 128:7 134:2,5 gain 56:25 garage 5:14 12:13 13:1,21 14:13,15,24 23:3,4 24:3 27:4 29:8 30:15 51:5,9 58:19 75:13, 18 79:4 84:7 108:12 109:3,4 114:6 118:14 124:6 125:14,15 127:14 128:13 129:20 130:7 146:3 175:23,24 176:3,4,6, 11,13 177:8, 15,16,18,19 178:8,17 garbage 69:21 70:1 169:18 Gardens 95:15,18 garnered 79:18 gate 170:24 171:2 gates 171:3 gateway 12:19 26:21, 25 29:7 gather 8:15 30:7 gave 76:2 138:13 143:24 173:23 general 14:1 32:15, 25 33:4,13 39:8,19 40:2 74:22 86:21 139:3 155:7 generally 5:24 34:19 generate 79:3 generated 106:6 generation 100:9 generations 92:2 103:11 generosity 78:13 genesis 55:3 gentleman 51:18 108:25 124:5 146:14 156:5 195:7 gentrificatio n 67:22 103:17 105:6 geofencing 50:14 Gersten 60:17 184:16 189:5 gift 64:17 gifted 99:1 girl 82:3 gist 163:17,20 give 35:17 44:12, 22 53:11 54:8 58:12, 23 59:8 75:23,24 76:4 77:8 97:14 98:5 114:11 120:7 126:18 133:9 138:19 143:16 153:16,17 157:13 165:8 168:18 181:6 190:22 giving 43:19 97:18 U.S. Legal Support 1 www.uslegalsupport.com 27 Planning, Zoning and Appeals Board - May 6th, 2026 117:24 173:18 Gloria 93 : 14 goal 25:18,19 30:16 76:25 77:7 goalpost 133:24 God 154:7 Godot 99:15 100:12 Gonzalez 126:23 130:17,25 131:3,7,9,12 146:3,7 175:1,4,18, 20,22 176:11,17,19 177:13,18 178:2,4,20 good 6:4 20:1,22 21:11 33:4 36:17 46:1 53:20 54:3 65:8,16 66:6 74:12 75:5 78:24 81:13 82:14 84:11, 16 85:9 89:4 90:9 91:7 92:15 97:16 98:16 100:5 103:2,4 105:12,17 108:3 110:14 113:4,11 114:15 117:20 126:23 127:2 143:21 145:16,17 146:13 147:23 149:3,4 173:3 181:23 194:8 gorilla 149:16 governed 158:11 government 17:23,25 61:11 65:13, 14,21 108:10 118:20 119:1 151:5 158:7 161:4 GRACE 119:21 Grand 105:5 154:12 grandchildren 82:1 grandfather 100:17 grandparents 100:10 grant 45 : 22 granted 32:18 37:4, 12 44 : 24 56:24 57:19 58:5,6 72:14 118:22 granting 43:5 46:2 48:21 58:11 grants 78:14 granular 168:24 169:3 grateful 168:22 gray 29:1 great 20:16 21:7 25:20 31:24 37:21 38:25 43:23 44:4 61:1,3,7 80:9 94:20 99:9 100:22 114:12 143:22 169:1 171:8 175:22 greater 13:19 15:19 32:15,25 39:8,19 40:2 158:25 159:18 greatest 108:17 green 5:18 13:4 14:1,2,13 15:5 23:14, 20,21,25 24:1,6,8 27:8 29:19 30:1 62:11, 12 64 : 14 83:20,21 84:7 90:2,5, 6 93:4 98:12 101:15,18 113:20,23,24 114:2,3,8 120:23 121:3,4,7 128:17,21 129:7,9 145:2 170:11 greenscape 177:3 greenway 164:20,21 greet 117:18 grew 91:19 groceries 81:3 Groove 116:1 ground 12:15 14:9 15:20 17:5 33:22 128:3, 13 141:16,25 142:5 146:6, 8,9 181:11 ground - disturbing 17:9 groundwork 26:8,24 group 40:15 47:21 51:13 57:18 75:4 80:3 84:18 85:7 88:1,12,16 122:24 125:8 126:2 147:17 172:12 189:24,25 196:16 197:17,18, 19,20 grouped 106:14 grove 5:9 6:8,12 7:15,24 12:24 16:18, 24 21:8 23:17 25:17, 20 30:8 31:14,17 35:13 39:5 40:18,24 45:18 46:4 48:18 66:8, 20 67:1,4 68:10 72:16 74:13,24 75:11 77:17, 21,22 78:1 80:11,14,23 81:2,11,19, 22 82:2,16, 18 83:4,24 U.S. Legal Support 1 www.uslegalsupport.com 28 Planning, Zoning and Appeals Board - May 6th, 2026 84:2,8,17,19 86:4,11,21 87:16 88:8 90:5,10,13 91:5,9,10,19 92:13,17 93:20 94:8, 9,10,11 95:23 96:25 97:3,15 99:11 100:10,13, 18,25 101:19 103:7,12,21 105:10 108:4,6,8, 14,20 109:10 110:2,13 113:12,16 114:13 115:14,15, 16,17 116:11 119:16,17,20 122:11,23 124:18 126:25 127:17 129:2 140:20 141:20 142:17 145:5,18,19 146:10 147:4,10,12 148:5,15,18, 19,24 174:17,22 196:4 Grovites 102:25 103:1 148:24 grown 82:11 guarantee 159:2 guaranteed 103:23 guarantees 103:18 guess 34:23 47:6 49:5 55:6 57:10 152:23 guidance 27:21 33:1 guide 107:18 guided 121:20 guidelines 16:2 67:8,11 guy 97:15 153:21 guys 34:8 42:9 44:13 47:12 55:25 85:4 102:19,20,23 105:5,8 110:25 111:5 133:16 145:9 152:9,24 153:7 157:13 171:9 173:8 174:8 191:14 194:15 gym 75:17 H habit 148:21 half 17:25 62:12 66:1 75:7 89:16 162:21 167:19 hall 61:9,11 115:7 hand 13:10,11,18 40:17 54:20, 25 148:22 handed 110:22 111:7 handle 20:4 handled 102:20 hands 40:16 125:24 hang 194:25 195:2,4 hap- 179:17 happen 56:1,3 100:2 118:1 136:10 139:20 140:25 144:14 148:19 150:6 153:9,13 181:24 189:17 190:25 195:17 happened 73:8 76:20 132:24 136:11,17 137:22 179:17 happening 35:23 63:23 70:2,16 75:8 94:18 100:2 105:6 125:18 139:16 151:16 happy 22:3 40:4 49:25 51:14 74:20 80:10 88:3,6 102:25 103:1 123:22 126:5,6 132:4 152:2 168:2,4 182:5 186:13 hard 77:6 105:16 141 : 12 190:16 hardship 63:7,11 harmless 38:10 61:24 133:4 hate 170:17 HDMI 20:19 25:6 he'll 123:9 head 139:8,11 heads 174:24 hear 20:5,8,24 34:1 45:10 53:10 55:2 56:2,13 58:9,14 63:2,17,19 64:2,12,18, 23 65:1 66:12 74:20 126:5 132:4 143:25 144:3,10 152:12 154:10 164:18 167:2,5,6 168:23 169:8 173:17 heard 22:7 27:18 42:16,21 45:14 51:23 53:16 54:7, 22 55:13,21, 22 76:25 77:1 83:19, 21 84:24 U.S. Legal Support 1 www.uslegalsupport.com 29 Planning, Zoning and Appeals Board - May 6th, 2026 87:22 91:2, 10 96:15 106:4,11 114:20 115:13 117:24 118:18 119:20 13 0 : 13 133:21 134:8 162:17 169:25 174:19 177:5 180:11 185:15 190:6 195:15 hearing 8:23 10:14 13:3 21:15, 19 33:10 43:8,19 44:3 52:24,25 53:1,5 55:2 56:11,14 57:3,23 58:6,11,15 65:24 89:4 104:11 105:21 106:17 120:11 127:4,6 151:19 167:6 169:22 184:22 186:16 187:2 hearings 10:1 54:18 133:11 heart 84:9 147:11 165:5 heavily 79:9 heavy 70:15,16 86:23 110:6 heck 97:13 hedging 50:9 height 18:11 156:1, 2,4,5 176:2 178:2,3,4,20 Heights 116:9,18 held 7:1 8:14,24 10:14 102:1 103:24 107:22 191:21 helped 67:1,2 110:12 helpful 40:14 140:21 141 : 13 143:24 helpfully 110:5 HEPB 7:8 8:17,22, 23,25 9:1,7 10:7,11,12, 14,16,19 11:5,9 34:7 96:17 110:16,25 111:3,21 112:3,15,19, 22 113:7,25 121:10,11, 13,16,17,18 124:12 132:15,17,20 134:22 135:10,17,18 136:1,14 144:18,25 147:6,7,8 149:23 159:7 160:21 165:7 167:9 199:19 HEPB17-023 8:21 HEPB17023 8:24 9:7 HEPB2005060 8:6 HEPBR10019 11:17 HEPBR19010 10:10 heritage 161:21 hey 126:13 191:7 high 89:8 146:5 177:25 178:1,9 higher 71:7 156:3 highlight 30:25 highlighted 31:1 highway 5:22,25 6:18,24 12:17 13:7 14:17,18 26:19 27:6 30:15,16 50:17,18 51:6 72:3 73:2 80:19 85:15 88:6 89:13,15 115:2 127:15 129:3,6,13, 20,24 130:6, 11 151:15 176:1,8,12 hire 182:10 hiring 73:7 124:25 125:6 140:7 171:11 historic 8:4,6,7,11 9:21,22 12:1,10 13:9,24 15:21 16:12 21:23 22:22, 23,25 25:21 26:3,12,21, 25 28:2 29:7 30:8 31:4 65:18 66:20, 24 67:11,18, 23 68:11,22 69:14,18,22, 23 70:5,25 72:8,11,19 73:11,14,16, 18,19 75:3 80:24 85:25 86:10 87:16 92:13 102:14 103:23 108:23 110:12,17 111:8 119:13,19 122:23 125:10 128:2,11 129:17 136:13 144:14,17 150:24 155:16,17,22 160:12,25 161:3 163:3 164:20,22 170:5,6 173:19 190:12 historical 23:2,13 24:12 81:19 174:1 181:22 185:12 186:5 189:15 historically U.S. Legal Support 1 www.uslegalsupport.com 30 Planning, Zoning and Appeals Board - May 6th, 2026 5:8 6:7,23 7:13 8:20 9:11,14 10:3,10 16:18 23:22 26:7 28:18 69:8,10 70:8 73:5 121:2 171:4 190:11 history 7:6 27:10 69:25 93:20 97:14 99:14 100:8 103:9 104:3 135:5 161:18,19 174:9 190:4 hold 38:4,10 61:24 133:4 144:2 167:1 holding 102:3 holistically 165:20 170:16 Holtz 78:20 home 93:5 105:18 107:4 114:23 homeowner 92:19 homeowners 84:20 92:25 93:1 94:20 112:11 119:19 homes 45:17 67:13, 18 87:8 hone 109:14 honest 143:8 honor 31:15 103:13 161:14 honored 31:13 161:15 honoring 27:9 hope 22:19 82:25 84:8 86:1,5 93:15 140:14 hospital 157:22 hospitals 78:18,19,22 hot 35:10 113:20 HOTA 119:20 hotel 68:4 87:25 98:19,21 123:7 hour 50:25 66:1 104:15,20,21 162:21 hours 39:23 117:3 122:19 152:14 165:5 house 67:13 75:2 83:17 109:20 114:22 117:8 142:12 178:20,22 households 47:18 81:1 houses 47:10 54:10 67:12,15 179:1,11 housing 119:23 how's 105:1 Hudson 94:7 huge 98:20 105:22 107:12 150:3 185:14 human 82:10 hundred 126:25 hundreds 122:18 hurt 82:14 husband 87:1 99:18 154:18 husband's 82:7 hybrid 170:23 hydrant 19:1,4 I I-95 116:10 iabacus 101:16 iconic 8:11 ID 5:2 idea 54:11 58:8 91:23 125:11 126:20 132:22,25 185:11 196:25 ideal 164:1 ideas 173:15,18 identical 116:19 identified 13 : 13 identify 39:14 identity 103:10 104:1,2 illegal 94 : 3 illegally 89:22 images 27:21 imagine 70:13 110:9 immediately 36:12 45:15 127:21 imp- 124:24 impact 87:14 105:22 117:2 163:11 impacted 54:13 123:7 impacts 39:17 53:25 64:4 159:22 impasse 195:18 impermeable 64:15 129:12 impervious 5:21 13:6 24:10,14 30:24 64:15 implement 129:9 implemented 127:5 implications 169:14 implied 118:7 implore 109:15 importance 67:10 U.S. Legal Support 1 www.uslegalsupport.com 31 Planning, Zoning and Appeals Board - May 6th, 2026 important 7:7 27:14 43:18 61:8 67:7,10,24 68:9 101:9 121:15 133:5 138:7 157:10 importantly 102:13 impossible 141:7 improper 71:9 improved 52:3 110:1, 12 114:9 Improvement 108:5 improvements 28:5 improving 164:23 inaudible 25:1,8 35:12 47:12 56:19 59:18 132:12 152:21 153:18 175:2 195:3 inception 165:9 incidental 79:7 include 17:7 18:4,16 23:5 27:17 28:10,20 166:10,12,13 included 23:1 27:2 29:12 31:9 133:8 166:11 includes 27:5 including 16:4 17:5,12 30:21 33:7 84:19 100:14 142:19,20 inclusion 103:23 inclusive 93:19 incomparable 67:5 incompatible 65:17 incongruent 65:17 inconvenient 167:3 inconvenientl Y 118:7 incorporate 26:5 64:25 incorporated 6:1 increase 5:16,19,21 30:13 62:10, 13,15 114:3 increased 64:13,14 68:25 86:17 87:4 93:10 107:10 118:15 incurred 160:23 indication 69:24 indiscernible 50:3 individual 33:3 45:2 48:6,19 49:4,12 138:15,16,17 150:16 individually 58:4 111:16 individuals 42:15 49:2, 13 76:17 information 16:1 59:13 107:9 165:19 170:15 180:16 193:22 194:14 informed 91:2 infrastructur e 158:24 ingress 129:19 inherited 165:9 injury 48:20 inmate 164:6 innate 164:7 input 8:15 12:3 30:7,11 51:11,14 64:24 81:9 99:25 112:23 122:18,19 143:19,24 144:5 164:1 181:16 190:9 insert 184:25 insist 147:9 inspect 19:20 install 30:2 installed 26:18 institutional 5:24 16:22 28:4 integrate 72:8 integrates 72:10 integrating 72:6 integration 72:5 73:14, 22 integrity 26:21 144:17 intended 130:10 intending 148:18 intense 63:15 158:23 159:1 intent 11:23 64:8 inter- 52:22 interact 192:12 interacted 113:14 interaction 145:1 interest 32:14 33:3,4 39:7,19 40:3 49:10 75:25 152:17 interested 167:10 interesting 61:17 155:2 174:5 interests 23:10 32:24 interim 21:1 25:12 136:15 interior 11:12 interject 167:13 U.S. Legal Support 1 www.uslegalsupport.com 32 Planning, Zoning and Appeals Board - May 6th, 2026 internal 12:18 intersecting 18:5,17 intersection 18:9 intersections 18:2,14 intervening 18:19 97:12 intervenor 20:4,9 24:22 32:1,4,9,13, 18,21,24 33:11 34:18 35:16,17 37:2,4,8 38:15,19 39:6 42:12, 18 43:5,10 44:3,11,14, 21 45:6,20 46:2 47:4 48:22 49:11, 13 50:7 51:20 52:1, 7,23,24 53:3 54:22 55:15 56:15,23 57:2,11,18, 19 58:12 65:22,25 83:16 98:16 intervenors 37:15 39:3, 25 40:2 54:12 66:2 intervenous 98:9 intimated 143:13 introduce 90:15 intrude 93:5 98:8 intrusion 50:16 63:20 72:23,25 80:16 85:12 92:9,23 94:12,14,20 103:21 115:10 118:2 119:4 123:16,18 124:10 170:22 200:14 intuition 54:9 invested 191:11 involve 86:23 involved 39:9 63:5 96:6 112:20 173:24 192:21 involvement 88:24 96:3 ironically 161:19 irony 118:20 irregularly - shaped 23:8 irresponsible 92:8 109:24 issuance 17:6 issue 43:16,18,19 45:13 48:11 51:20 70:13 71:4 72:20 91:22 102:19 109:22 113:20,24 115:19 120:2 129:18 169:13 172:22 185:9 186:9 189:23 190:20 196:25 issues 34:22 36:6 37:25 61:19 74:14 75:2 87:4 89:6,17 127:3 168:25 item 6:6 7:8 37:13 52:18 53:11 102:24 113:20 139:23 162:19 166:20 168:18 187:5 195:19 items 11:12 28:7 29:24 133:23 144:21 151:20 162:17 169:1 173:9 182:9 196:5 198:13 200:8 Jackson 78:20 97:9 January 11:7,10 Jennings 34:14 Jerome 100:11 Jesus 115:22 117:18 Jimmy 100:15 job 125:2 153:12 169:1 Joe 100:22 John 83:3 join 21:9 Joshua 59:24 184:12 188:9 joy 78:23 Judicial 9:3 July 11:14 jump 18:21 37:22 June 10:21,25 K Kaiser 39:24 keeping 73:24 83:11 87:10 159:4 KETTERER 20:3,10,12, 15,17 32:2, 4,7,9,12 33:17 34:15, 25 37:9 46:3,7,11,22 47:1 48:25 49:15,17 52:19,22 57:2,22 59:16 187:13 198:15,19,22 199:1,3,24 200:1,3 key 105:18 107:16 khaki 15:7 U.S. Legal Support 1 www.uslegalsupport.com 33 Planning, Zoning and Appeals Board - May 6th, 2026 kids 81:22,23 85:2 93:6,11 104:22 109:8 140:25 169:6 198:8 Kiehnel 7:18 kind 28:22 36:20 38:11,20 48:9 49:9 53:19 58:9 70:23 92:17 106:15,17 115:18 120:8 122:5 132:5 141:11 142:3,5,6 182:11 185:10,12 190:5 192:12 Kirtley 21:9,11,13, 18 42:11 47:13 48:12 58:2 59:1 96:19 120:9 134:12,15 135:7,12,15, 19,22,25 136:3,20,25 137:5,8 kit 134:21 kitchen 142:13,14 160:5,7 knew 20:12,13 96:4 Knight 31:18 78:13 knock 116:22 198:12 knocked 75:2 Knowing 185:5 knowledge 134:19 Kumquat 113:12 L labor 88:8 lack 41:18 83:10 85:12 90:19, 20 96:3 113:23 141:4 lacked 96:15 laid 105:24 151:13 land 103:9 153:1 landmark 25:21 144:15 landmarks 73:15 104:1 173:19 landscape 19:13 111:4 128:19,23 152:8 182:2 landscaping 23:15,21 111:3,23 lane 30:21 93:15 lanes 30:21 Lang 83:23 language 163:24 large 23:23 90:7 95:20 114:4 130:15 132:8 145:6 149:18 164:15 179:13 187:5 189:23 larger 27:13 130:25 131:3,17 largesse 78:12 largest 158:17 lastly 65:20 129:18 late 56:12 100:22 111:25 153:5 199:1 latitude 42:15 43:11 45:1 laughter 78:23 launched 79:18 Laura 87:19 law 39:9 46:12, 13,18 48:18 65:15,16 67:19 94:3 107:7,16 125:5,6,8 133:16 172:16 lawyer 83 : 21 layer 49:14 51:21 53:9 179:24 layers 26:11 laying 26:24 layman's 61:21 LCEC 31:16 lead 95:8 118:15 learned 101:13 learning 101:13 127:20 lease 8:13 95:25 120:18,19 122:7,9 132:25 133:6 171:23,24 172:10 173:9 leased 133:12 leases 171:20 leasing 133:16 leave 43:23 102:25 led 101:25 leeway 54:8 left 13:10 14:2, 7,21 29:13 142:15 legacy 67:6 103:13 119:13 legal 7:10,13 21:20 42:18 51:21 52:10 53:9,15 59:6 66:2,3 107:4 112:24 160:12 171:14 172:11,15 193:7 U.S. Legal Support 1 www.uslegalsupport.com 34 Planning, Zoning and Appeals Board - May 6th, 2026 legally 135:23 143:2 160:14 legitimate 145:3 legs 74:16 length 50:24 lengthy 159:5 Lennox 80:11 83:3 Leon 105:14 lessee 61:19,22 133:1,7,8,9 Lessor 133:7,9 letter 11:23 17:8, 10 22:1 74:3 196:3 letters 113:22 192:20 letting 31:20 level 12:15 13:14 14:9 15:20 57:20 69:22 117:11,13 128:13 159:20 174:20 177:19 levels 12:16 127:16 Lewis 136:9 liability 98:12 liens 122:13 lies 24:12,13 life 42:1 64:4 90:12 91:9, 19 92:4 100:14 light 39:22 144:13,25 179:18 lights 95:3 99:18 limit 36:23 37:19 limitations 172:11,15 limited 43:10 44:17 45:24 46:9 53:4 limits 9:25 182:4 Lincoln 102:2 lined 97:25 liner 29:8 51:7,10 109:2 127:13 128:13,21 175:25 176:1,7 177:9 lines 18:6,7,18,20 43:1 59:2 175:25 lining 110:6 123:17 177:3 list 77:5 190:22 listed 9:20 13:18 19:21 listen 64:25 98:13 149:5,17 193:6 listened 149:5 listening 51:10 63:22 93:16 120:2 154:10 literally 47:23 92:5,6 litigating 21:23 121:12 litigation 51:12,13 53:19 125:23 139:16 160:21 174:9 182:20 192:18,21 197:8,9,13, 16,20 live 34:5 35:14, 21 37:23 39:3,5,25 40:13,21 45:11 47:7 82:10 83:23 85:10,22 86:13 87:20 90:10 91:18 92:21 93:14 98:18 99:16 104:10,14 109:19 lived 39:11 45:15 90:11 92:2 116:12 119:25 lives 87:14 97:19 living 41:23 45:9 66:10 154:9 load 131:16 loading 110:8 loathe 170:11 local 8:6 72:10 74:20,23 75:3 78:6 124:25 125:2,12,13 133:11 140:6 145:8 147:17 161:13 locally 5:8 12:1 located 5:24 6:12, 17,18 18:24 80:24 location 63:15 79:4 86:21 110:8 149:19 lodge 21:25 loitering 87:5 long 27:23 31:11 43:3 54:20 66:3,14 76:21 96:14 99:23 100:8 103:12 115:5,16 116:10 125:21 152:12 154:23 170:4,7 192:19 long-term 117:16 120:17 long-time U.S. Legal Support 1 www.uslegalsupport.com 35 Planning, Zoning and Appeals Board - May 6th, 2026 104:2 longer 79:12 99:22 164:24 179:21 looked 94:22 97:24, 25 122:23 Lord 115:21 lose 78:9,10 136:12 loses 104:2 loss 90:6 160:24 lost 81:22 90:2 161:21 lot 5:16 13:4 18:6 23:24 29:13,24 36:11 50:17 51:19 55:15 58:19 62:10 63 : 2 64 : 13 76:2 78:11 81:17 87:22 89:11,14,19 90:2,3 95:22 104:11 105:15,19,21 106:12,20 118:13 121:20 123:2 127:6 128:24 129:11,21 140:23 143:15 145:11 148:6 149:10 150:23 152:22 155:18,22,24 156:3 171:2 174:15 175:17 177:4 178:11,12,13 179:6,9 186:7 194:16 lots 18:19 68:3, 4,5 106:12 111:10 love 51:11 88:13 91:21 100:16,23 108:16 113:14 115:15 147:8 148:10 170:11 181:1,23 loves 103:6 105:4 115:17 low 81:6 99:5,6 lower 73:10 lush 30:5 182:2 Lynette 59:20,21 183:22 188:6 Lynn 136:9 M machinery 70:15 86:23 Madam 167:6 made 12:3 52:8 55:4,6,17 62:23 71:20 88:5 89:9 94:10 111:1 121:21 122:17,21 145:7 150:10 155:6 181:22 191:2 195:17 197:21,25 main 5:22,25 6:17,23 12:16 13:7 14:12,17 26:19 27:6 30:15,16 31:2 50:18 51:6 72:2 73:2 76:19 80:19 85:15, 18 87:12 88:6,21 89:13,14 90:24 96:12 127:15 129:2,6,13, 20,24 130:6, 11 143:25 151:15 176:1,8,11 maintained 18:3,16 major 14:10 15:3 64:18,19 68:8 72:16 74:4 78:19 90:17 132:2 158:23 majority 106:5 194:18 195:13 make 20:11,12 23:2 24:25 30:18 32:19, 20 33:25 36:5 43:20 47:19 48:3 50:1,18 51:8 52:18 54:1,5 55:19 57:20 59:10 60:24, 25 63:9 64:21 69:11 76:13 81:18 88:3,13,21 92:4,10 95:21 101:2, 9 105:17 107:15 109:6 112:14 113:16 116:24 117:16,17 120:12,23 125:7 126:12 127:11 130:2 132:7 134:7 135:4 137:2 142:20 148:3,4,14 150:1,4,7 156:3 162:8, 15 171:2 172:3,12 173:7 180:4, 16 197:2 199:18 maker 186:15 makes 45:20 98:25 99:7 108:14 127:9 169:10 171:17 makeup 139:3 making 6:1 20:24 42:14 56:15 117:17 126:4 130:4 141:7 170:4,24 177:1 mall 35:24 37:25 39:20 50:22 61:13 83:6, 13 105:21 109:1 126:10 U.S. Legal Support 1 www.uslegalsupport.com 36 Planning, Zoning and Appeals Board - May 6th, 2026 man 97:13 man's 94 : 13 manage 8:13 management 133:8 185:21 186:11 managerial 96:1 managing 124:23,24 mandate 9:5 10:25 mandated 9:7 112:17 maneuver 131:4 maneuverabili ty 131:4 Mann 45:8,9 56:22 57:16,25 58:17,22 60:11,12 83:14 105:8 14 5 : 14 146:5,8 162:9,12 167:13,17, 19,22,25 168:5 174:14,23 175:3,5,11, 16 176:10, 15,18 177:11,16 178:19 180:20,25 183:11 184:9,10 187:16,19,23 188:24,25 189:19,21 199:18 manner 32:15,25 39:8 63:14 170:16 map 178:18 Marc 74 : 12 March 10:7,11 75:1 Margaret 86:12 Maria 60:5 105:8 109:18 167:5 184:3 188:18 Mario 60:20 183:16 188:15 Mark 108:3 marker 69:18,22 markers 72:11 73:20 marriage 117:15 married 193:1 marry 193:2 Martin 84:11,16 Martos 105:12,13 masonry 26:15 massive 75:14 master 5:8 6:7 8:16,19 9:10,14 10:3,9 11:25 12:23 16:18 28:17 74:17 137:9 masterpiece 100:12 match 177:22 matches 156:2 176:2 materials 16:6 26:7 matrix 79:9 matter 70:19 93:17 97:17 matters 39:11 maturity 117:11,13 Max 95:13 maximize 63:10 maximized 30:1 maximum 5:16,20,21 mayor 10:17 95:14 113:22 134:24 Mayor's 10:20,23 11:1 mays 111:11 meaning 34:17 42:18 meaningful 70:20 80:13 81:8 84:22 85:1 103:25 140:14 means 24:6,7,13 28:4 32:17 57:14 95:7 107:8 119:13 146:20 measure 8:2 104:18 meet 22:7 42:20 43:8 51:11 121:5 122:3 166:21 182:1 191:1 200:7 meeting 51:3 57:9 76:18 100:6 102:19,23 122:25 131:18 137:23,24 138:14 139:20,25 162:5 175:8 177:9 180:7 181:6 182:7 191:9,20,24 194:10 195:12 198:6,7 meeting's 180:12 meetings 8:15 81:15 99:25 125:25 133:11 150:16 153:1,10 181:9 182:15 190:10 192:14 member 40:17 45:8 53:14 54:18 59:20,24 60:2,8,11, 14,20 92:17 115:25 145:16 150:14,17 154:24 163:12 166:7 168:5 183:16,19, U.S. Legal Support 1 www.uslegalsupport.com 37 Planning, Zoning and Appeals Board - May 6th, 2026 22,25 184:3, 6,9,12,15 188:6,9,12, 15,18,21,24 189:2,12 195:22 members 6:4 9:18 13:15 20:13 21:11,12 34:16,22 40:15 42:20 44:22 48:6, 19 49:4,5,23 50:8 54:10 65:8 66:7 87:13 92:1 105:12 108:3 110:15 147:7 148:11 155:10 187:15 197:17,21 memory 103:9 mention 139:23 mentioned 21:21 27:2 28:4,16 30:13 31:8 46:12 76:18 127:19 128:15 129:1 138:11 146:14 158:25 159:10 merits 21:16 165:23 166:3 179:23 message 114:2 met 8:10 31:6 34:19 74:6,8 86:10 87:15 91:1,5 92:12 104:8 133:20 metallic 14:13 15:5 meticulous 26:22 Metoyer 60:14,15 152:22 181:2 183:19,20 189:2,3,15 190:11 191:16,18 20,23,25 192:4,6 195:22 Metrorail 116:15,17 Mia 103:4 Miami 5:3,6,7,25 10:18 16:3, 15 17:1,20 18:8,12 19:9,10 21:13 22:12, 23 25:14 28:7 29:8 32:12 34:6 39:6,9 64:8 66:24 67:2,3 68:23 71:10 77:22 81:16 85:11 90:1, 11 98:25 99:3,7,18 101:19 106:22 108:17 110:21,23 111:11 113:4,21 116:13 127:12 143:3,9 154:25 Miami's 17:3 Miami-dade 8:2,12 17:15,21 21:1 25:13 75:7 78:14 125:1 Miami -date 79:19 mic 20:20 35:10 Michelle 96:11 micro 74:20 75:2 middle 147:4 150:4 midnight 50:25 95:4 117:4 191:11 Mihalik 109:18 miles 104:15,20,21 million 7:24 75:8 108:12 mind 48:23 54:24 107:16 159:4 minds 58:4 81:21 mini -trial 65:24 minimum 5:18 13:4 64:6 85:14 88:22 Minister 94:9 Ministerial 119:17 minor 12 : 3 13 : 12 14:5 15:2 22 : 6 73 : 24 94:14 137:2, 3 166:17 minute 74:4 78:16 minutes 24:19 36:4, 20,23 37:1, 19 40:8 45:2 65:5 66:11 76:17 77:9 80:11 95:22 mirrors 14 : 4 mischaracteri zations 42:23 mischaracteri zed 64:17 misinformatio n 118:13 misinterprete d 192:16 misleading 96:18 missed 140:23 missing 26:14 98:24 mission 78:8 mit- 188:2 Mitchell 98:17 mitigate 28:11 48:10 159:21 mitigated 123:17 mitigating 30:19 50:12 mitigation 41:18 71:10, 14,16 73:3 102:12 123:19 U.S. Legal Support 1 www.uslegalsupport.com 38 Planning, Zoning and Appeals Board - May 6th, 2026 mitigations 188:2 modifications 12:3 13:12 19:5 22:7 Mojsiejuk 86:12 moment 127:22 136:22 181:9 momentum 79:3 money 63:9 78:10, 11 109:6 150:1 monitor 17:9 monitoring 26:7 month 75:14 182:7 193:12 months 78:21 81:4 morning 94:17 95:4,5 mortar 81:21 mortgage 7:24 motion 9:19 56:15, 17,18,20,21 58:24 59:11, 19 85:21 149:17 162:8,15,22 180:2,5 181:2,4,5 182:24 183:2,11,12 184:20,23 186:15,17 189:7,9 193:25 194:1,3,4,18 195:15 198:2,14,15, 18,19 199:17,18, 21,22,23,25 200:1,2,4 motioning 198:3 mountain 97:7 move 13:9 44:8 50:18 52:3 53:11 68:13 77:4 78:4 79:2 91:11 100:6 123:8 132:9 144:8 161:12 162:9 167:3 170:15 194:21 moved 9:12 51:6 74:15 75:1, 12 90:7 91:9 97:24 109:20 moves 161:18 189:10 movie 7:16 65:9 moving 9:2 11:4 25:25 35:19 44:2 54:12 68:13 91:19 133:24 150:23 MPA 27:4 31:17 50:13 51:8 multiple 7:9,20 8:10 12:16 64:8 87:2 89:11 92:2 153:1 159:13 162:24 Municode 112:2 muster 171:14 N name's 20:25 25:5 40:13 91:17 97:9 153:16 named 115:22 names 146:13 Naseer 91:7,8 national 9:20,21 136:13 native 30:3 85:11 114:5 145:6 natural 151:22 152:11 180:14 nature 48:11 62:6 72:7 116:5 168:17 Navarro 91:17 NCD 18:24 NCD2 67:4 nearby 93:15 necessarily 57:6,9,22 141:8 160:9 needed 8:3 11:24 22:10 24:7 26:15 29:17 123:12,21 126:11 132:6,7,8 137:14 157:14 200:17 negative 40:1 117:1 neglect 122:12 neighbor 45:25 47:22 49:9 64:12 117:7 154:20,21 neighborhood 6:12 33:7 51:25 63:3, 18 67:4 71:10 74:23 75:4 77:18 85:16 86:19, 20,25 87:10, 22 88:12 90:20,25 91:21 92:9, 10 93:17 94:1,22,24 95:2,8,12 98:2,4,8 103:24 105:7 108:17 114:21 117:9 127:1 128:22,24 129:6 130:5 142:2 146:10 150:4,24 151:10,16,19 168:12 170:22 171:7,21 176:13,24 178:6,18,25 185:12 186:20 193:24 200:7 neighborhoods 41:16 80:17 U.S. Legal Support 1 www.uslegalsupport.com 39 Planning, Zoning and Appeals Board - May 6th, 2026 85:3 87:7 113:2 171:3 neighboring 35:21 63:25 neighbors 23:16 41:23 55:5 62:7 64:20 83:9 93:24 102:9 144:3 191:11 nice 95:10,11 128:21 Nicklaus 78:20 Nighat 91:8 night 34:6,7 35:20 100:11 103:2 125:24 no-good 83:10 noise 39:17,22 50:21 64:3 86:17,18,23 89:20 94:15 95:3 107:12 116:15 164:8 182:2 200:14 nominal 107:19 non- conforming 7:11,13 160:12,14 non - speculative 107:8 nonprofit 31:16 106:15,19 124:22,23 125:12 normal 174:11 north 6:16 14:17 77:22 146:20 151:23 152:10 Northeast 65:9 northern 30:4 Northwest 21:13 25:14 not -for - profit 75:5 78:9 notarization 133:3 notarized 38:10 133:4 note 24:20 27:14 129:19 174:21 noted 22:5 24:10 27:15 notes 54:16 155:7 170:21 notice 33:9 46:14, 15,20 128:19 130:3 133:9 noticed 75:12 95:6,9 notified 137:20,25 notify 133:7,14 Nottenkamper 87:18,19 November 9:23 10:6 novo 53:6 57:5, 13,23 58:8 nuances 170:17 number 5:5 9:3 10:22 11:11, 19 17:11,17, 18 18:1,21, 25 19:10,16 35:14,24 37:25 47:2, 3,8,10 50:22 54:17 61:14 71:7 106:6 144:7 146:11,12 151:22 155:16,22 165:5,18 180:13 numbers 64:19 127:10 134:3 148:1 150:3,5 163:4 Nunez 6:4,5 156:16,20 157:3,6 158:14 0 Oak 126:24 oaks 145:6 object 33:25 42:11, 13 59:6 objected 65 : 21 objecting 33:24 74:3 objection 22:1 24:21 33:20 37:6 42:13 43:4 48:21 59:6 objections 33:23 34:1 35:25 64:12 objective 65:23 177:6 obligated 74:18,22 75:5 77:21 120:21 obligation 74:22 151:7 161:6 obligations 195:18 obstructions 18:10 obtain 22:4 obtained 19:13,15 occasions 7:9 8:10 occupied 106:10 occupy 134:5 occupying 128:7 occur 166:25 October 8:4,12 9:19 Odd 115:6 offensive 62:14 92:1 offer 171:23 offered 73:1 192:11 office 5:12 12:16, 17,25 13:14 14:22,23 23:6 28:23, 24 41:12 49:9 51:3,5, U.S. Legal Support 1 www.uslegalsupport.com 40 Planning, Zoning and Appeals Board - May 6th, 2026 6 62:17 84:23 101:5 106:6,7,12, 14,19 109:2, 4 118:14 123:11 126:12 127:13 128:6 133:16 142:19 146:15,18 147 : 13 149:6,19 150:3,6,8 176:1,2,7 offices 21:13 27:5 105:13 127:24 128:15 147:4 offload 110:6 oldest 70:9 73:20 99:10 oncological 78:22 one-time 19:14 one-way 88:7 onerous 149:11 ongoing 25:22 26:10 68:1 91:3 140:5 197:8 online 84:12 onset 29:3 onus 32:23 oolitic 171:5 open 29:15,23 30:15 63:16 83:6,13 85:20 86:14 89:22,25 96:2 97:21 99:15 117:4 126:21 138:17 139:9 143:2 146:3 171:6 174:22 177:19 183:5 191:6,10 opened 75:14 113:15 117:7 opening 68:21 69:1, 3,9 81:23 89:20 100:11 142:2 openings 125:2 opens 142:11 opera 83:17 operate 7:25 8:14 63:14 160:8 operating 109:21 124:24 125:13 operation 39:23 117:3 132:6 operational 110:10 operations 71:17 79:5 106:10 operator 77:16 opine 144:12 opined 39:10 opinion 87:9 112:16 160:2 195:9 opportunities 73:9 103:22 125:7 140:23 opportunity 32:19 35:8 51:19 86:6 90:5 113:23 114:3 116:7 124:22 127:19 160:17 168:23 185:1 191:7 oppose 52 : 13 opposed 65:21 88:14 109:4 162:25 opposite 127:17 133:13 Optimist 84:20 order 31:4 32:20 92:4 100:20 124:3 147:22 149:13 150:4 ordered 7:21 132:20 Ordinance 5:5 17:18 Ordinances 17:22 organization 40:21 48:22 68:15 72:16, 21 76:15,16 77:10,12 87:24 94:8,9 116:1 117:22 118:4 119:16 196:4 197:13 200:11 organization' s 66:12 organizations 40:25 72:19 74:5 81:10 84:18,20 102:14 103:24 119:11 120:1 organized 80:3 organizer 31:17 oriented 142:17 original 12:11 27:1 29:7 51:4 102:6 109:6 114:7 121:14 133:8 173:21 179:5 199:23 originally 7:16 26:13 128:4,25 146:12 155:15 159:12 160:11 outdoor 15:12 81:25 outer 47:4 outlandish 85:19 outlined 80:16 90:15 outreach 64:24 169:21 186:4 outset 21:21 outsiders 87:6 outstanding 102:21 U.S. Legal Support 1 www.uslegalsupport.com 41 Planning, Zoning and Appeals Board - May 6th, 2026 outweigh 97:16 Overhead 78:11 overlap 112:1 overlay 18:24,25 overnight 102:4 oversight 56:3 overturned 132:22 overview 66:11 overwritten 134:25 owned 61:18 69:15 70:24 owner 38:1,9 61:24 62:4 133:2 owner's 61:23 62:2 133:17 owners 35:21 81:10 84:2 108:6,7 ownership 7:21 120:15 p.m. 36:8,9 50:24 162:7 Pas 152:22 pace 114:11 Pages 105:23 paint 82:20 118:3 painters 82:19 palatable 168:19 palette 14:6 30:3 PAMM 99:8 Pan 75:13 pantry 80:24 par- 22:12 81:1 58:17 Paramount 7:16 23:10 parcel 22:12 23:8 24:2 parents 163:8 park 9:21 12:18, 20 23:4 27:7 30:4,10 75:12,15 81:24 89:14 93:9,15 101:5 114:9, 24 116:7 124:19 127:21,24 128:16 130:6 169:6 175:24 176:3,6,23, 24 Parker 7:19 parking 12:12,14,19 13:17,21 14:24 23:12, 24 24:3,7 27:4 29:2 31:17 39:22 50:17 51:9 70:8,15 75:11 79:7 84:7 89:8, 11,14 97:17, 18 108:12 109:3,4,22 114:6,22 118:14 124:4,5,6 126:5 127:10 129:21 137:24 145:22,24 146:4 147:2, 15,19,25 148:16 149:1,7,18, 21 150:9 155:15,16 156:1,3 157:23 158:10 160:7,8 174:15,16,24 175:17 177:7,12,13 178:11,12,13 179:6,8 185:15 parks 115:2 PARRISH 110:14 136:5 199:8,12,14 parse 182:15 parsed 28:21 part 17:3 18:12 23:23 29:3,6 33:9 55:6 62:2 76:1 102:8 110:21 114:7 120:21 122:7,8 123:6 126:4 153:12 159:14 165:13 166:2,24 170:5 173:10 174:10 186:1 partial 8:19 10:8 11:8 101:25 partially 111:18 participants 144:4 participate 88:19 100:24 165:8 participation 44:16 96:4 particulars 134:17 partner 86:2 137:25 partners 31:11 137:24 partnership 27:4 78:1 104:6 party 39:10 49:3 57:5 75:25 95:5 199:2 paseo 27:6 29:23 68:25 93:4 paseos 41:17 pass 113:5 116:2 141:8 144:9 145:11 171:14 196:1 passed 8:2 passes 60:23 passing 62:19 196:1, 7 U.S. Legal Support 1 www.uslegalsupport.com 42 Planning, Zoning and Appeals Board - May 6th, 2026 passion 105:15 past 43:24 45:4 87:19 89:16 96:13 100:17 154:8 159:8 200:12 pastor 114:16 pastors 94:11 path 129:8 160:4 169:2 paths 73:19 pathways 15:10 82:8 Patinkin 53:13 59:24, 25 143:19 184:12,13 187:4 188:9, 10 pattern 80:15 Paul 60:11 83:14 97:9 105:8 184:9 188:24 Paula 60:5 184:3 188:18 pave 103:13 paved 23:23 pavement 5:21 13:7 24:14 30:24 62:14 64:15 101:20 paws 95:24 pay 122:12 146:23,24 paying 75:15 198:8 peace 98:12 Pearl 95:13 pedestrian 15:12 129:6, 8 151:21 152:13 153:20,24 penalties 19:18 penultimate 101:7 people 23:3 24:4 27:18 30:16, 17,18 39:4 45:14 47:15 50:20 54:20, 23 55:12,16 58:13,18 66:21 67:21 68:10,14 69:19 75:4,8 77:25 79:20 80:3 82:23 84:8,9 85:7 95:10 97:20 98:11,15 99:1,6 108:15 109:10,11 113:4 114:21 116:6 118:8 122:22 123:1 125:24 126:6,7,8 139:20 140:2 142:7 143:8, 23 147:16 167:2 168:1 171:1 173:4 174:3 190:8, 9,25 191:15 192:6,8 193:20 197:1 percent 5:16,17,18, 19,23 13:3,4 17:25 29:15, 16,21 30:24 62:11,12,15 83:20 101:15 114:2 121:1, 5 145:3 160:15 163:3,4 164:22 165:1 173:5 percentage 158:17 Percival 84:17 Perfect 34:4 35:8 37:20 perform 78:8 performs 106:16 period 10:1,5 19:11,14 54:20 periods 23:2 permeability 28:8 permissible 22:13 111:15,17 permission 61:23 66:9 118:22 permit 6:21 7:4 11:8,11 16:3 17:4,7,13 18:13,22 19:12,14 21:23 22:24 26:1 188:1 permits 124:8 133:11 166:5 permitted 111:13 125:6 permitting 28:9,10 123:24 124:2 166:25 perplexed 153:7 person 32:14 33:9, 12 39:7 46:5 50:6,7 52:10,11 65:5 76:15, 16 77:4 117:21 142:11 152:21 189:16 198:23 person's 139:11 personal 160:1 personally 99:24 190:17 perspective 106:25 143:24 151:14 152:15 176:21 191:13 200:6 persuasive 55:12 185:10 pervious 24:15 petition 79:18 80:8 petitions 74 : 2 pets 41:25 U.S. Legal Support 1 www.uslegalsupport.com 43 Planning, Zoning and Appeals Board - May 6th, 2026 phase 25:23,25 26:23,24 27:8 86:22 151:17 159:12 photo 26:18 photographs 110:5 photos 96:23 140:4 physically 140:20 161:4 pick 50:6 86:21 picking 164:23 pickup 80:21 94:19 picture 39:4 82:13 pictures 7:16 174:12 piece 144:22 174:6 pieces 11:12 97:6 150:23 Pinecrest 95:14,15,18 pithy 170:10 pla- 51:18 place 9:17 23:3,14 42:4 82:3 85:13,21 86:1 87:3,7 88:5 92:4,11 97:22 103:1 104:21 108:21 140:7 141:2,3 143:2 148:9 155:1 167:8 169:19 170:9 174:3,6 190:11 places 9:21 16:11 17:18,20,22 67:20 158:24 plain 93 : 16 plan 8:16 9:10 18:10 23:9 26:17 28:10 42:2 68:20, 24 71:14 72:12 73:3, 16,22 74:3 81:19 83:10 85:12,17 86:8 87:3,7 89:9 90:15, 20 98:14 100:1 101:12 102:12 103:20 119:9 120:20 121:14,16 122:16,17, 18,20 123:2, 19,20 124:15 127:5,22 128:10 133:8 136:7,12 137:9 140:24 143:10 145:9,17 152:8 166:12,15, 16,17 171:10 174:12 176:9 181:16,25 184:25 196:2 planned 26:1 planners 56:5 planning 5:3,8 6:5,7 8:20 9:10, 12,14 10:3,9 11:4,25 12:23 15:22 16:1,4,16,18 19:9,15 25:23 28:18 63:1,3 107:23 164:11,13 plans 16:23 19:6 69:24 73:25 92:11 112:21 119:4 136:15,16, 21,25 138:3 139:15,17,18 144:6 165:17 plant 114:4 play 36:13 84:6 92:22 93:7 99:15,18,19 players 180:10 playhouse 5:9 6:8 7:15,17,20, 21,23,25 8:4,6,7,16, 20 9:11,15 10:4,10 12:1,19,24 14:16 16:19, 24 22:11 23:2 25:17 29:17 30:9 31:14 61:18 65:18 67:25 70:5 71:24 73:17 80:13, 15,18,25 81:8 82:2 83:5,8 84:5, 6 85:10,13, 25 86:14 87:21 88:16 89:5 90:11, 15 91:18 92 : 5 93 : 3 95:23 96:25 97:4,7,12, 15,24 98:7, 19 99:12,16, 19 100:10, 13,18 103:6 105:2 109:5, 20 110:10, 17,19,20 114:7,18 115:5 116:21,24 122:11 124:18 127:1 129:23 130:7,9 138:15,18 146:16,24,25 147:1,19,21, 25 148:3,25 149:13,20,21 150:4,8,10 169:24 playhouses 99:8 plays 78:3,11 95:16 99:13, 17,19 109:9 playwrights 109:11,12 plaza 29:23 116:4 plazas 27:6 pleasing 102:11 plug 20:18 plugged 34:11 pocket 12:18,20 27:7 30:4,10 U.S. Legal Support 1 www.uslegalsupport.com 44 Planning, Zoning and Appeals Board - May 6th, 2026 81:24 114:9 127:21,24 128:16 176:22,24 point 24:4 43:3 44:3 46:1,11 48:14,16 52:1,14 53:7,20 54:3 56:15 71:3, 19 88:21 96:13,17 107:4 111:2, 7 114:5 121:2 123:11 129:24 135:5 136:10 139:8,9,16 146:11,12,25 155:2 173:21 181:23 182:9 189:9 191:2 194:17 198:5 pointed 48:16 114:1 pointing 89:15 178:19 points 21:21 36:24 38:21 43:25 54:5 55:17 76:22 79:8 80:22 101:2, 9 105:17,18 106:22 107:25 120:12 123:15 124:10 130:5,13 134:16 138:7 149:3,5 181:14 pollution 86:17 Ponce 105:14 poor 161:3 popular 86:20 population 169:5 porch 92 : 24 portion 6:20,22,23 7:2,3,5,12 12:10 14:21 15:1,7 35:5 101:4 123:12 124:20 129:23 130:9 166:25 portions 11:13 pose 76:8 posit 106:15 position 38:3 57:19 72:20 119:15 positive 22:9 possibility 170:23 possibly 54:1 168:10, 19 postdate 161:16 postings 97:1 potential 53:18 potentially 184:23 power 61:20 104:5 Powerpoint 34:10 practices 125:5 pragmatic 22:22 101:8 praise 115:21 precisely 38:15 preference 200:11 prejudice 34 : 21 premier 99:14 100:12,15 premiered 99:16,18 premises 133:12 prepared 16:24,25 26:16 111:14 present 9:19 20:6,8 33:15 37:3 48:23 57:3,4 59:7,12 66:11 74:4 presentation 19:22 20:24 21:4,5 25:1, 7,19 31:22 32:19 36:5, 16 42:14,17 43:11,21 44:7,8,12, 17,21 46:9 50:8 60:25 61:5 76:20, 21 94:13 111:1 138:14 140:21 156:23 presented 10:20 39:4 42:19 53:17 66:15 67:25 68:24 73:23 112:22 113:6,23 165:17 174:8 presenting 72:20 137:3 preservation 8:5 16:12 21:23 22:22, 24 28:2 75:3 103:25 111:8 161:4 preserve 35:13 40:18 43:4 48:17 66:8 67:5 91:5 92:17 93:1,20 110:12 116:1 119:16 142:16 preserved 46:3 97:2 101:3 128:12 161:1 190:12 preserving 25:20 president 84:17,21 pressure 104:6 presumption 34:20 pretty 12:5 14:4,6, 19 15:14 19:22 45:15, 18 155:12 156:24 prevailed 135:1 prevailing 155:4 198:25 199:2 prevent 80:16 preventing 100:25 U.S. Legal Support 1 www.uslegalsupport.com 45 Planning, Zoning and Appeals Board - May 6th, 2026 previous 13:21 14:7, 10 15:9,16, 17,19 27:17 29:12 121:12 137:8 previously 7:9 10:4 12:7 13:11 14:2,22 22:8 39:10,20 86:5 121:19 127:8 156:22 pri- 158:5 prices 73:12 pricing 173:5 primarily 41:10 71:8, 11 158:5 196:17 primary 79:7 90:19 144:23 185:3 principal 158:15,19 principle 158:16 prior 48:9 58:11 164:24 priorities 73:7 123:3 125:20,21 126:16 171:11 prison 97:25 pristine 98:3,5 privacy 92:24 private 111:14 118:21 151:5 162:18 pro- 106:16 problem 42:17 89:12 94:1 112:23 113:10 147:21 148:3 14 9 : 14 166:22 180:20 199:12 problematic 152:14 problems 81:17,18,20 95:23 114:22 procedural 61:19 Procedurally 133:14 proceeding 32:14 39:7 52:15 59:4 107:6 proceedings 74:25 112:24 process 16:7 17:4 18:13 27:11, 14,23 28:7,9 55:19 65:22 66:1 70:3, 11,17 71:17 123:25 135:20 143:21 144:19 148:20 149:24 155:1 156:14 159:5,6,19 160:19 163:18,22, 23,25 166:24 167:2,12 170:4 173:22 179:25 processes 124:2 140:7 166:25 produce 77:23 106:16 produced 95:16 production 130:22 131:23,24 132:5 146:18 productions 77:24 131:16 proffer 118:13 proffered 173:13 proffering 44:17 profit 41:9 63:10 profits 79:5 program 153:6,8 186:3 198:9 programing 125:16 programming 8:15 106:12 186:24 187:1 programs 17:19 73:12 81:23,25 113:15 114:12 125:17 progress 25:22 26:10 79:13 103:14 137:21,22 138:1 proj- 6:11 project 6:11 12:5,9 13:10 14:16 17:17,25 18:5,24 19:24 21:16, 20 24:8 26:2 29:3 31:13 42:25 48:13 51:22 52:2 55:1,6,9 65:10,11 74:17 79:1 92:8 93:2,8, 16 94 : 2 101:6,8 103:9 114:11 118:6 121:11 122:9 125:21,23 126:13,20 127:12 128:14 129:19 130:1 143:22 144:17 146:20 147:20 149:13 151:2,6 153:2 156:23,24,25 159:2,3,4,7, 9,12 160:18, 25 161:24 163:3,19 164:15 167:4 170:4,12,15 173:24 185:13 190:4 196:10 198:6 projected 18:18 projects 17:23 18:1 73:8 152:25 159:8,20,23 promenade 12:18 promise 134:12 U.S. Legal Support 1 www.uslegalsupport.com 46 Planning, Zoning and Appeals Board - May 6th, 2026 promised 120:7 promises 103:17 104:6 promote 125:2 130:10 prop 92:24 prop- 69:2 proper 64:11 71:4 86:3 proper- 164:10 properly 164:11 properties 6:14 28:12 46:16 47:15, 16 68:14,18 89:20 111:13 170:6 property 5:23 6:15,20 22:25 24:11, 14 33:6 35:21,22 38:2,4,9 39:4,12,18, 24 40:1 41:9,10,11, 14,21 45:15 49:9 58:18 61:13,22 63:25 64:5 66:22 69:16, 20 70:24 71:5,9,11 72:2 81:10 83:25 84:2, 3,5,10 87:25 88:3 90:15, 18,21 91:10, 12 92:20 93:21 100:19 108:6,9,12 110:10 114:5 119:14 120:15,17 121:2 122:12,13,14 151:9 155:16 156:8,13,18, 22,25 164:10,19, 21,22 170:6 196:18 198:8 proposal 71:12 73:13 105:25 138:14 177:2 propose 100:5 proposed 12:18 13:6, 12 14:9,12, 14 15:16,17 37:24 39:12 63:14 87:25 90:14 105:20 proposing 28:5 30:1 Proscenium 11:13 protect 26:7,20 31:4,6 71:23 84:9 86:10 87:16 92:13 98:3 116:16, 18 119:22 170:23 protected 95:2 98:1 139:22 142:21 protecting 72:2,25 142:24 protection 17:16 72:4 84:8 97:5 98:6 104:5 116:19 protections 58:22 67:8 103:19,20 protocol 89:19 provide 17:23 22:19 30:5 46:15 64:11 77:25 78:15 114:5 126:11 137:21 157:13 provided 16:5 63:1 85:17 106:7 107:19 138:2 providing 6:2 23:14 29:8,9 provision 102:5 provisions 10:18 provoke 77:24 proximity 33:6 46:13, 19 63:15 pruning 17:12 public 5:14 8:23 10:14 13:1 16:11,12 17:18,20,22 18:12 21:3, 12 23:15 24:20 27:6, 12 29:2 31:11 32:15, 25 33:13 35:6 36:11 37:8,13 39:8,19 42:7 43:23,25 44:9,22 51:19,20,22 52:18 53:24 54:7 55:19, 20 56:16 59:11 61:5 65:6,24 74:18,22 75:18 77:20 78:2,12,20, 24 79:7 84:13 99:24, 25 100:1 122:2 123:23 124:4,6,19 126:3,4 133:11 149:8 150:7,11 151:17 155:7 158:7,8,10 174:19 183:5 185:10,22,25 186:1 191:10 193:23 public- 69:15 publicly 69:15 70:23 publicly - owned 71:9 pull 130:17 175:2,4 pulling 118:17 puppeteers 78:21 purchased 115:8 117:8 purple 28:24 purpose 75:18 78:9 129:10 157:23 purposes 12:4 64:7 71:12 158:6 U.S. Legal Support 1 www.uslegalsupport.com 47 Planning, Zoning and Appeals Board - May 6th, 2026 pursuant 5:5,9,11,12, 13,15 8:1,5 9:16,24,25 10:17 11:9 16:5,14 17:14 18:1 19:10,19 120:20 135:19 160:16 pursue 120:21 165:12 purview 112:5 159:18 173:9,10 185:6 push 103:15 115:13 put 33:21 39:20 43:22 61:25 62:3 70:23 90:6 93:17, 24 95:18 113:1 116:17 121:3 123:1 138:2 140:15 164:7 puts 71:12 105:2 putting 63:21 82:21 PZ 11:10 PZ1 86:9 87:15 91:4 92:12 104:8 116:25 PZ2215336WA 11:11 PZ2520237 17:1 PZAB 7:8 9:23,24 10:4 11:15, 18,21 12:2 16:24 27:11 58:7 112:1 PZAB1 5:2 PZABR18059 9:24 11:16 4 qualified 32 : 21 qualify 32:23 quality 64:4 87:14 92:4 150:20 159:18 quashed 8:25 9:6 10:15 11:1 135:1 quasi- judicial 35:1 107:6 question 47:7 48:2,8 12 49:22 50:11,14 52:19,22 73:22 76:8 88:23,24 110:21 131 : 14 145:23 151:25 155:14 156:16 157:22 163:15 166:8 167:14 181:8 187:17 191:16,18 194:20 195:5,8 197:7,23 199:6,8 200:5 questioned 136:6 questions 19:23 31:20 33:21 37:11 47:6 54:8 76:19 121:25 145:20 158:2 159:10 166:8 168:9 192:2, 13,14,15 quick 7:6 35:4 54:2 80:20 130:14 138:6 139:23 167:14 177:24 quickly 48:15 68:13 72:15 113:18 114:11 128:9 161:11 quiet 69:12 86:19 92:20 quoted 149:4 quotes 101:24 R R170622 8:25 R190169 10:19,24 11:2 R19019 11:6 R91904 8:1 radius 46:25 47:20 78:25 171:16 172:24 raise 37:25 38:21 40:15,17 raised 115:15 raises 61:14 rational 86:7 razor 97:25 98:1 re- 14:3 27:16 154:3 164:1 175:14 reach 189:7 190:24 194:18 reached 70:12 140:9 reacting 164:6 reaction 164:6,7 reactivated 22:15 read 13:2 16:21 111:25 116:11 118:11 192:15 ready 36:18 39:13 real 5:23 35:4 103:21 104:12 14 9 : 14 154:12 181:15 realistic 143:7 reality 23:20 29:22 105:23 U.S. Legal Support 1 www.uslegalsupport.com 48 Planning, Zoning and Appeals Board - May 6th, 2026 117:25 realize 120:25 rear 6:22 7:2 55:10 reason 22:14 56:2 62:2 63:3 66:23 67:7 88:3 118:25 121:13 133:18 152:25 160:3 170:5 reasonable 40:9 42:5 46:17 63:8 72:22 73:1,3 74:7 88:25 102:22 112:6 113:17 118:10 125:2 133:9 139:11 140:9 142:21,22,23 143:11 144:11 148:14 reasons 22:24 53:3 rebuild 102:7 rebuttal 24:20 rec- 96:10 recall 46:15 receipt 17:10 133:10 receive 46:19 56:23 received 6:21 7:4 26:1 27:24 33:9 46:14 118:23 133:25 receiving 51:14 recent 68:20 90:13 199:25 recently 149:4 recharacteriz e 75:9 recipe 121:16 recognition 98:25 189:22 recognize 121:5 recognized 11:18 21:24 recommend 153:9 185:20 186:2,12 recommendatio n 22:9 27:20 153:13 recommendatio ns 16:9 55:5 196:1,8 recommended 9:9 28:20 96:10 recommends 15:22 16:16 reconsider 57:15 98:13 198:20,21 199:22 200:4 reconstructed 122:15 record 13:3 16:22 21:25 34:2 36:8,9 40:6 42:4 48:21 61:25 79:6 80:8 96:19, 23 138:3 174:10 193:7,13 194:10 rectify 90:6 113:24 181:22 red 74 : 2 red -pink 28:22 redesign 175:15 redevelopment 41:21 90:14 reduce 62:11 90:1 149:7 reduced 13:22 64:13 109:7 149:6 reducing 114:1 reduction 23:20 redundant 92:18 refer 46:18 referenced 137:1 172:19 referred 16:8 refers 46:14,19 reflect 18:23 127:5 reflected 16:9 reflection 30:10 reflects 29:22 refused 113:8 Regalado 84:23 122:3 125:3 138:13 regard 161:8 165:13 Register 9:20 regrant 58:10 regular - shaped 29:24 regulations 18:24 regulatory 25:23 27:14 28:7 144:19 166:24 rehab 144:15 rehabilitate 12:9 26:25 rehearing 193:13,14,18 197:16 198:2 reinforcing 26:14 reinstated 10:19 11:1 reinstatement 9:7 reinstating 135:2 reiterate 124:15 reiterated 27:15 108:25 related 186:3 relating 133:12 relative 163:9 relax 93:6 religious 158:8 U.S. Legal Support 1 www.uslegalsupport.com 49 Planning, Zoning and Appeals Board - May 6th, 2026 relocated 77:17 relocations 17:12 rely 33:1 relying 38:4 remain 62:18 remaining 7:12 163:3 remains 6:24 13:23, 24 14:19 25:18 164:22 165:1 remarks 21:10 remember 50:7 63:5 102:2,24 109:22 110:15 133:22 150:16 157:10 remembered 161:10 remind 27:13 50:20 118:9 123:23 reminder 35:3 187:13 reminds 34:7 remnants 171:3 remodel 100:21 remodeled 7:19 removal 13:14,15,16, 17 removals 17:12 remove 34:20 removed 26:4 Renard 33:2 rendering 15:9 renderings 14:16 147:10 148:6 renovated 122:15 rentable 123:11 rental 118:14 rents 73:10 reopen 100:20 rep- 66:25 repair 26:17 111:18 repairs 26:9 repeat 77:11 repeatedly 70:12 140:13 replacing 12:13 67:19 report 16:10 21:21 63:13 107:22 137:22 reports 105:23 138:2 represent 35:13 37:23 46:5 47:21 94:10 108:5 161:13 197:21 representativ e 40:10 52:9, 11 146:21 150:16,17 representativ es 67:1 represented 48:4 72:17 representing 48:5 53:17 72:17 76:14, 15,16 77:9 97:10 113:12 119:18 represents 52:12 75:24 request 6:8 9:21,25 10:7 12:4 15:23 20:3 24:22 29:6, 20 31:1 32:2,3,11,13 42:23 44:11 46:3 48:17 49:22 114:1 154:4 159:13,17 182:6 186:17 requested 11:15,17 12:7 13:15 33:8 112:20, 21 156:19 180:14 requester 32:23 33:15 requesting 29:11 31:3 62:8 121:6 167:5 177:5 185:2 requests 22:10 55:1,4 76:23 86:8 113:17 126:2 193:25 require 17:13 19:8 153:7 156:21 187:14 required 10:1 13:5 16:3 17:6 18:8,23 19:1 22:4 27:16 28:6 29:8 38:9,13 62:11 63:1,5 111:19 120:25 121:1 134:17 137:21 153:5 156:2 174:13 188:1 198:23 requirement 19:2 29:20 90:2 121:5 122:8 127:12 177:9 requirements 17:2,14 22:8 24:16,17 28:8 31:6 33:8 64:7 124:12 133:1,15 177:10 requires 23:18 30:2 61:20 74:22 75:8 106:23 156:21 160:8 requiring 62:1 res- 177:1 rescheduled 180:12 researched 110:22 reserves 19:20 U.S. Legal Support 1 www.uslegalsupport.com 50 Planning, Zoning and Appeals Board - May 6th, 2026 reside 47:16 91:8 92:16 residence 160:6 171:21 residency 69:4 resident 39:11 40:11 74:13 79:4 89:5 103:5 residential 30:5 47:15 50:15 51:4 68:2,12,14 69:1,8,12 97:18 98:20 104:14 123:6 124:5 130:12 139:3 154:13 residents 8:2 35:14,21 37:23 39:3 40:20,21 47:7 48:3,6 52:8 63:17 65:1,21 66:10,13,25 67:6 72:17, 18 73:6,9 74:2 78:6 79:19 81:9 83:15 85:22 86:10 87:7, 16 88:3,5,8 91:1 92:13 94:10,23 103:16,22 104:3 105:10 110:1 113:13,16 129:5 141:3 164:5 166:21 168:16 177:2,5 180:6 190:19 195:14 residents' 182:1 resilient 103:12 resistance 181:15 resolution 5:2 8:1,5, 21,22,23,25 9:5,6,7,24 10:12,14,15, 19,24 11:2, 6,9,16,18 12:2 87:8 100:6 102:24 112:16 113:1 resolutions 160:22 resolve 124:8 resolved 182:22 resounding 151:20 resource 98:22 99:11 185:21 186:11 resourceful 161:5 resources 9:22 16:11 144:2 respect 75:7 94:23 98:10 105:20 107:20 117:24 151:7 respectable 154:3 Respectfully 180:9 respects 23:16 respond 137:13 response 70:13,17 84:25 100:1 120:14 122:10 128:24 133:25 139:11 responsibilit Y 103:13 161:13 responsible 117:17 rest 29:25 100:7 105:9 110:2 144:10 155:3 165:1 restaurant 41:11 142:19 160:7,8 restaurants 64:20 69:3 111:15 142:11 147:3 restoration 5:7 6:6 8:19 9:10,14 10:3,9 11:25 16:17 25:17 28:17 29:18 67:11 restore 12:10 27:1 161:5 restored 23:3 69:24 72:12 85:25 128:2,3 144:23 restoring 23:13 29:7 129:17 restricting 180:15 restrictions 67:9 172:25 restrictive 97:18 157:4 result 11:23 19:6, 17 resulted 8:25 10:15 retail 12:15 27:2 28:25 45:16 64:16,19 79:6 89:20 106:1 109:1 114:6,7 123:10 126:9 128:4,5 141:21,22 142:20 149:10 158:15 retention 11:11 return 22:11 74:7 113:4 reuniting 69:4 revelry 142:3 revenue 109:5 123:12 124:4 169:23 170:1 revenues 126:11 reversed 62:9 review 9:9 16:6,7 18:12 19:8 27:11,14 28:1,3 58:8 63:13 96:18, 20,22 107:5 124:2 144:25 151:18 U.S. Legal Support 1 www.uslegalsupport.com 51 Planning, Zoning and Appeals Board - May 6th, 2026 159:6,9,19, 21 reviewed 26:17 63:4 159:14 reviewing 159:2 revise 18:22 revised 14:3,19 15:11 52:3 100:1 revisited 155:8 revival 81:19 revocation 19:17 rewarding 190:16 Reynold 84:16 rezone 156:18 159:17 rezoned 156:14 rezoning 157:1 159:16 ride 81:2 169:6 rides 50:15 rideshare 48:10 rigged 163:23 right-of-way 17:13 18:5 right-of-ways 18:19 rights 59:7 82:9 84:17 92:25 93:1 rigorous 27:23 124:2 risks 86:15 Rita 100:11 road 50:19 102:2 116:12 141:6,7,9 roads 144:12 roadways 80:20 roaming 153:20 rock 39:24 93:24 Rococo 7:18 role 99:13 roll 183:15 188:5 roof 146:3,9 174:22 177:7,12,14, 17 rooftop 145:22,23 146:2 148:16 149:6 174:16,24 room 149:16 160:10 191:3 198:8,11 roots 17:12 rotation 169:17 roughly 47:7 rounded 18:6,18 rounding 127:9 Roz 81:13 rule 33:22 rules 34:14 38:5,7 62:1 65:10, 11,14 146:22 rumors 118:13 running 18:6,19 70:5 sad 189:21 safe 30:14 81:4 87:2,7,10 104:21 110:2 safely 110:13 safety 152:15 sailed 101:7 salient 43:25 sampling 74:1 sat 84:23 satisfies 44:6 satisfy 173:16 satisfying 24:16 Saturday 105:4 save 8:11 96:24 97:3 savior 115:21 scale 12:6 15:12 63:6,25 78:3 148:15 150:9 156:25 159:3 164:15 scaled 179:9 school 109:8 163:7, 8 schools 78:2 125:13, 16 scope 17:4 47:4 121:16,19 126:3 136:23 137:4 scoring 15:6 screen 13:13 62:3 130:18 screened 14 : 24 screening 14:12,13,25 15:4,15 23:4 screens 11:14 scroll 96:25 scrutiny 157:13 179:25 searching 80:20 seat -theater 131:15 seating 15:13 seats 36:13 147:14 U.S. Legal Support 1 www.uslegalsupport.com 52 Planning, Zoning and Appeals Board - May 6th, 2026 seconder 59:16 section 5:5,15 9:16 16:14,15 17:19,20,21 18:2 19:11 62:25 63:12 64:7,8 97:21 111:13 112:17 133:6 175:2,4 176:5 sections 148:7 seek 22:17 193:18 seeking 22:24 23:19 57:18 seg- 73 : 5 segregated 69:10 73:5 segregation 92:1 124:16 181:22 selective 26:6 self-created 63:7 self -sustain 122:8 send 85:5 199:18 sending 101:5 sends 114:3 sense 45:20 81:16 105:22 144:7,16 159:18 172:14 sensitive 121:22 sensitively 167:4 separate 91:25 164:8, 14 separates 83:12 87:9 September 9:11 10:5 11:15 133:23 140:13 194:12 serene 91:10 series 192:11 serve 74:18 75:5 107:24 served 129:21 serves 81:1 131:18 service 9:21 34:6,8 93:25 116:5 123:18 129:23 130:9 179:8 service -only 129:22 servicing 130:7 set 26:8 34:12 64:7 85:21 140:23 185:11 Setai 102:3 setback 30:25 31:5 33:7 setbacks 5:22 13:7 18:3,15,23 62:15 sets 141:10 161:3 setting 65:15 severability 6:2 shading 114:5 Shakespeare 78:3 shame 97:12 Shannon 85:9 shape 29:25 shaped 103:21 share 21:6 31:20 119:15,23 120:3 125:25 shared 33:4 99:25 195:11 sharp 106:19 shattered 97:6 Sheet 18:22 Shelby 90:10 Shenandoah 91:20 shift 90:17 ship's 101:6 shocking 71:18 73:4 shop 23:1,13 shopping 35:24 37:25 61:13 shops 64:17 82:18 shoring 26:6 short 44:7 shortcut 116:3 shortly 21:19 shot 109:13 shoving 69:11 show 28:14 30:25 50:24 55:13 61:21 68:25 96:13 123:8, 9,16 126:18 127:4,21 176:8 180:5 showed 28:14 95:6, 7,9 110:5 138:24 showing 25:5 55:16 69:19 148:22 shown 54:21 69:23 shows 69:22 95:10 176:5 shut 89:23 117:4 141:6,7,9 shuttered 8:8 sic 10:13,25 15:25 18:9 94:21 97:18 114:19,23 116:6 153:21 side 13:10,11,13 U.S. Legal Support 1 www.uslegalsupport.com 53 Planning, Zoning and Appeals Board - May 6th, 2026 14:22 28:25 36:20 37:19 51:7 85:15 90:22 105:17 115:2 124:17 127:17 152:9,10 161:1 176:8 196:21 side -by -side 13:20 sides 120:10 151:23 154:12 190:6 sidewalk 89:10 95:11 128:22 sidewalks 141:1 sign 95:25 171:23 sign- 186:6 signage 119:13 174:1 186:6,7 signatures 79:19 signed 61:24 74:2,4 119:16,20 196:3 significant 12:10 26:7, 11 42:2 80:15 90:16 128:20 146:15 178:24 similar 12:1,6 27:15 88:9 102:23 118:24 121:14 156:24 173:20 182:8 similarly 128:5 simple 105:3 186:7 simply 29:4 105:5 107:9,12 121:2 single 94:3 106:23 24 138:15, 16,17 single -story 12:17 sir 60:22 104:15,24 153:15 168:21 sit 92:24 93:6 155:10 site 6:10,11,13, 21,25 7:2, 10,11 8:7,14 9:20 12:13 13:10 14:21 18:9 19:20 22:11,14,17 23:8,12,16, 22 24:1,5, 15,17 26:8 27:9 28:8, 11,14,18 31:3,6,7 37:24 38:8 40:11 54:11 67:15 110:7 129:22 150:17 151:13 155:17 160:11 170:2 174:12 176:9 site's 28:4 sites 141:5 sitting 36:12 95:11 situation 65:12 86:16 164:23,24 179:22 situations 89:24 size 92:8 109:7 131:19 132:5,7 141 : 14 skepticism 55:2 slashed 83:20 slated 114:8 Slayden 90:9,10 sleeping 153:22 slide 27:22 28:16 29:10 95:6 126:18 slides 95:9 slightly 13:22 slope 150:20 slow 86:6 167:12 170:12 slows 144:19 small 23:1 50:22 74:1 115:1 127:18 128:4 141:19 142:5 smaller 75:4 131:23 179:10 smell 82:20 sold 7:21 solely 45:25 Solomonic 11:13 solution 112:7 113:5 186:8 199:12,14 solutions 103:21 112:8 180:8 solve 81:20 126:16 solved 171:8 somebody's 149:15 150:5 song 36:14 sooner 77:3 101:1 124:7,8 sort 32:8 36:19 46:25 54:11 55:8 102:5 109:24 130:22 141:2 151:22 152:11 185:8 200:8 sorts 67:8 142:2 sought 193:13 sound 95:2 115:24 146:10 sounds 44:4 80:9 106:9 107:1 U.S. Legal Support 1 www.uslegalsupport.com 54 Planning, Zoning and Appeals Board - May 6th, 2026 source 169:23 170:1 south 6:17 14:17 15:1 74:13 116:13 Southwest 34:5 space 5:18 12:15 13:5,14 14:22,23 23:14,20,21, 25 24:1,6,8 28:23 29:15, 19 30:1 35:24 37:24 39:21 41:12 51:4,6 62:11,12,17, 18 64:14,19 71:12,13 78:4,6 83:20,21 84:7 87:5,10 89:25 90:2, 5,6 93:4,18 98:12 101:15,18 106:5,6,7,19 107:18 113:20,23,24 114:2,4,6,7, 8 118:14 120:23 121:3,4,7 123:6,8,11 124:24 125:13,17,18 126:9,10 127:18,23 128:5,6,10, 14,17 129:7, 9 132:7,8 134:3,4 141:15,17 142:15,19 145:2 150:6, 8 155:22 170:11 177:1 178:24 179:8,13 spaces 13:18 14:1,2 27:5,7 30:6 51:3,5 73:10 79:6 124:20 126:12,21 127:20 128:4,16 141:19 142:4 147:13 155:15,16 spacing 19:2 spalling 26:14 Spanish 7:18 speak 30:23 40:18 41:5,22 43:6 50:12 87:22, 23 94:12 117:22,23 121:23 123:13 125:3 126:9 128:17 131 : 14 134:16 135:8 136:18 144:15 159:6 195:13 SPEAKER 80:7 104:10 speakers 106:11 162:24 speaking 29:14 42:16 67:22 speaks 52:11 124:20 185:9 special 98:25 99:7 107:2 108:15,20 Specially 62:6 specific 19:23 31:20 40:2 43:25 63:15 106:8 129:16 157:23 specifically 17:19 40:19 41:22 68:16 77:4 86:8 112:3 129:25 130:4 136:14,16 specimen 114:4 specimens 145:6 187:5 speculate 107:9 speed 104:18 speeds 89:8 spelled 73 : 13 spent 66:1 100:13 165:5 spilling 41:15 spin 121:16 spoke 15:4 120:10 124:5 125:24 136:22 145:16 179:23 spoken 34:20 spots 141:22 147:15,19 spread 118:13 square 7:10,13 12:14,15,16, 17 13:20,22, 25 41:12 71:5,6,7 105:24 106:1,2,7,8, 9 108:22 109:1 123:9 127:9,11,16, 20,23 128:4, 12 141:16, 17,21,24 146:17 158:18 161:24 squashes 160:22 squeezing 14 9 : 12 stabilization 26:20 staff 8:10 11:17 13:3 16:10 21:21 22:5,7 28:19 32:22 48:8,13 57:1 63:13 105:23,24 107:22,23 120:13 134:15,21 135:3 149:25 156:12 159:2 165:4 166:9 187:17 stage 53:3,4 staging 110:3,5,8 staircase 82:6 stamped 17:1 U.S. Legal Support 1 www.uslegalsupport.com 55 Planning, Zoning and Appeals Board - May 6th, 2026 stand 79:24 103:5 105:9 standalone 157:24 standard 48:18 49:1,6 107:5 161:3 standing 33:3 39:11 53:4 66:3 stands 73:14 74:3 star 107:18 start 21:8 35:4 38:7 45:7,19 55:11 62:24 98:16 99:2 101:11 140:18,19 143:18 155:14 173:22 started 36:15 50:8 95:24 128:25 starting 111:2 state 7:23,24 8:9, 13 9:22 28:3 51:25 53:8 61:18 66:21, 22 69:20 70:9 73:16, 20 93:15,21 94:2 100:19 120:16 122:7,9,10, 14 126:13 133:2,3,10, 14 134 : 18 136:10,11 137:20,23 138:1,3 146:22 151:8 193:21 State's 96:20 state-of-the- art 27:3 stated 29:22 41:8 51:18 53:8 54:5 92:3 125:9 132:15,17 133:20 156:22 168:3 181:21 192:17 statement 35:2 62:5 119:15 120:24 134:1,4 136:14 144:22 statements 72:20 132:14 states 17:22 38:13 status 20:4,9 32:4, 18 33:11 37:4,8,12 42:12 43:5, 10 44:14,21 45:6,20 46:2 48:22 49:11, 13 50:7 51:20 52:1, 7,16 55:15 56:15,24 57:2,12,18, 20 58:12 65:22,25 83:16 97:13 98:9,16 150:21 stay 38:14 56:12, 13 114:19 115:16 121:15,19 136:23 152:5 steel 26:14 steered 96:16 steering 95:17 96:5 STEINER 157:9,18 162:7,13,18 173:7,13 181:5 182:24 183:2,5,8,14 184:20 185:20,25 186:6,10,23 187:7,9,11, 22,25 189:7 194:17,21 step 27:13,24 67:17 74:19 104:7 137:25 200:18 stepped 156:5 steps 7:22 25:23 26:8 steward 31:15 84:5 stilts 7:1 Stirrup 97:10 Stirrups 97:11 stop 41:20,21 50:15 63:22 92:5,9 98:6 100:15 101:7 140:1,4,5 143:9,17 173:18 194:7 storage 142:13,14 store's 75:17 stored 26:5 storefronts 41:13 storehouse 68:2 stores 45:17 58:19 69:2 stories 127:14 147:12 176:3,6 storm 28:11 stormwater 24:17 story 178:14 strawman 100:24 street 21:13 25:14 34:5 45:17 47:25 65:9 66:24 69:19 70:2,10,16 80:18 82:6 87:3 89:14 90:22,24 92:22 93:11 95:1,2 98:3, 11 104:15, 16,21 109:19 115:1,3 118:2 124:5 140:2 148:17 153:21 176:16 177:3 189:22 streets 41:14 68:22 73:16 81:4 U.S. Legal Support 1 www.uslegalsupport.com 56 Planning, Zoning and Appeals Board - May 6th, 2026 82:18 89:8 147:12 153:20 strike 24:8 stringent 166:5 strip 104:16 strong 22:18 30:3 129:1 stronger 57:19 strongly 92:3 112:14 structural 26:8 structure 7:14 8:8,12 12:13,19 13:9,24 15:21 102:1 127:10 129:15 150:3 160:12 structures 111:16 160:13,14 stucco 14:6,8,11 stuck 155:4,12 students 125:17 studied 110:11 studies 131:4 159:11 study 41:18 62:24 63:1,6 71:16 85:12 86:8 88:23 92:7 95:18,20 96:8 109:25 114:25 115:11 119:8 144:11 155:6,9 159:11,14 166:9,13 167:15,23 168:17 169:16 180:14 184:24 186:19 187:19,25 196:1 200:13 study's 63:4 stuff 37:16 43:22 77:5 142:14 145:11 173:1 174:13 185:13 stumbling 79:1 Stuzin 81:13 style 7:18 sub- 62:21 107:7 subject 6:13,15 9:20 10:7 12:4 18:12 19:18 33:6 39:4 40:1 subjective 65:25 submit 27:16 80:7 110:24 192:13 submittal 16:25 17:4,7 submitted 11:23 16:1 48:17 84:24 127:7 136:7, 16 159:12 192:14 subordinate 5:14 Subsection 5:15 Subsequently 8:9 substantial 19:5 54:25 62:22 107:7, 8,14,17,20, 24 substantially 16:23 121:14 suffered 160:20 sufficient 135:23 suffocation 79:2 sugar 67:19 suggest 112:14 179:25 suggested 148:11 suggestion 113:8 suggestions 112:10,19 suit 146:14 summary 12:5,9 sunshine 99:5 super 108:19 141:21 147:24 supermajority 9:18,23 187:14 189:8 supervisors 75:6 support 30:14 31:18 35:16 40:25 45:24 52:6 53:3 56:12 57:11 62:22 73:8 79:21 85:7 90:25 124:4 128:7 131:4 152:13 189:17 196:9,10 supporting 29:18 supportive 22:15 29:9 supports 127:18 supposed 45:18 67:21 96:16 133:14 141:5 152:3 174:8 190:12 surf- 24:10 surface 12 : 13 155:18,22,24 surfaces 24:10 129:12 surprised 190:7 surrounded 6:16 74:14 surrounding 6:14 23:13 119:7 156:4 surroundings 157:15 sustained 10:21 sustaining 29:4 U.S. Legal Support 1 www.uslegalsupport.com 57 Planning, Zoning and Appeals Board - May 6th, 2026 T T-STOP 169:20 T-TURN 130:18 T3 6:17 18:23 146:9 147:4 150:4 174:16 175:17 176:16 178:5,23,25 Tar 68:1,14 72:2 177:22 178:19 T5 6:16 T51 6:16 table 5:10,11,12, 13 16 : 4 18:7,22 158:20 takeaway 143:25 takes 70:23 83:2 143:2 taking 36:12,13 51:11,24 85:13 101:7 125:16 146:19 167:9 talented 99:1 talents 99:2 talk 21:5 29:10 32:17 34:2 37:10,14 45:6 47:20 63:19 64:2 77:5,6,7 111:2 118:18 122:4 123:4 124:11,13 139:7 155:11 191:6,11 197:7 talked 50:20 83:7 123:5 192:16 talking 29:19 83:8,9 96:3 111:11 118:16 141:15,25 143:17 173:15 Tallahassee 171:17 tasks 88:24 tax 96:8 taxes 99:5,6 taxpayer 126:14 191:4 taxpayers 151:9 160:24 161:6,14 198:7 team 26:16 150:7 tech 25:10 tech- 187:17 technic- 136:2 technical 120:14 121 : 24 technicality 144:16 technically 136:2 145:24 teeth 147:8 telling 138:20 164:17 tenants 81:10 84:21 119:19 tend 53 : 13 tender 22:2 48:20 Tennessee 99:16 term 120:18 171:24 terms 6:19 7:7 13:20 61:21 143:1 160:4 173:1,9 180:14 186:3,23 Terrace 95:13 terrible 36:14 terribly 63:3 test 32:16 testify 35:15,18 39:13,14 40:4,5 testimony 33:18 40:6 42:21 43:1 tests 32:8 thankful 143:23 that'd 43:23 61:1 theater 6:22 7:11, 19,25 11:8 12:12,19 13:23 15:7, 20 21:7 22:11,12,15, 21 23:11,12 24:2,5,6 25:20 26:5 27:3 28:22 29:9 41:20 50:21,23 71:6,8,13,17 74:7,17 77:16,18 78:5 79:4 81:23 82:9, 11,15 88:14, 17,18,20 89:25 90:25 95:15,18 96:9,11,12 99:14,23 100:8,10,14, 16,20,23,25 102:15 106:17 108:23 109:7,10,13 113:4,15 114:11 118:3,8 122:8 124:4 125:11,12,14 126:6,7,8,11 127:9,18 128:8,10 131:19 132:2,4,6 134:4 144:23 146:16 147:15,16 158:16,17 163:4,7 177:25 178:1'5,7,9, 10,11,14,20, 21 179:1,6, 9,10 198:11 U.S. Legal Support 1 www.uslegalsupport.com 58 Planning, Zoning and Appeals Board - May 6th, 2026 theatergoers 23:14 theatrical 79:8 there'd 57:25 thespian 126:6 thing 15:14 20:8 36:20 43:16 55:20,24,25 57:15 58:13 64:23 76:20 77:3 79:17 83:19 85:3,7 93:23 98:5 99:10 106:24 113:1 121:10 125:19 134:12 137:15 140:18,19 142:3 164:25 171:20 191:13 things 23:18 31:25 32:22 38:11 41:19 42:1, 4,7,22 48:11 50:12,24 54:17 73:24 74:23 76:22 82:3,12,22 84:24 88:5, 18 97:23 108:7 116:5 117:15 118:10,16 140:8 141:10 143:6,15 155:4,11 164:18 166:21 168:14,16 171:11,22 172:18 173:16,22 174:1,2,3,12 175:22 180:13 181:10 182:10,19,22 185:10 190:23 197:8 thinking 139:8 Thirdly 71:20 Thomas 12:20 20:1, 18,21,23,25 21:15,19 24:19,25 25:5,12 31:23 48:14 50:11 68:4,6 80:21 85:23 86:13,15 89:6 91:8 92:16 93:8 94:21 116:3 122:1 126:20 127:25 128:18 129:1 131:14,21,24 132:1,3 135:7 137:14,17,20 140:9 152:1, 16 153:18 155:18,21 156:1,8,11 166:12,15,23 167:16,18, 21,24 168:2, 21 172:5,8, 10,14,18,20, 22 173:6 181:12,18,20 182:12,18 191:22,24 192:1,5,8 193:7,11,16, 19 194:4,6 200:10 thoroughfare 18:2 70:9 thoroughfares 18:15 thoroughfoot 18:9 thought 31:12 102:20 145:15 146:16 154:17 156:13 174:5 185:9 thoughtful 77:24 thoughts 44:20 152:18 thousand 109:1 thousands 41:12 threads 30:23 three-story 178:17 threshold 47:8 through - street 83:11 thrown 97:6 Thursday 191:22 ticket 116:7 tied 25:23 42:24 tier 132:4 ties 125:24 tight 174:12 tighten 47:19 tiles 111:3 till 162:12 191:11 time 9:25 17:7 18:21 24:18, 21 25:9 31:12 34:23 36:12 38:22, 24 43:20 46:9 52:1 54:20 55:3 56:4 59:7,13 61:4 63:5 74:9 75:19 76:3,10 77:8 83:2 91:22 94:17 95:5 98:15 100:19 103:1 105:13 108:18 109:16,21 113:9 115:5, 24 117:23,24 119:24 120:8 125:21 129:3 132:9,12 142:13 150:15 153:11 154:7 160:23 168:18 170:7,8 171:12 181:7 183:6,10 188:3 190:16 191:3 192:13,15,19 194:6 200:9 timeframe 166:20 timeline 31:12 54:19 132:21 159:5 167:8 U.S. Legal Support 1 www.uslegalsupport.com 59 Planning, Zoning and Appeals Board - May 6th, 2026 timely 11:5 times 25:10 65:9 87:2 100:1 119:24 154:8 170:25 180:12,15 186:7 191:2 197:22,25 tiny 141:22 titled 17:18,20,22 today 20:2 21:3 23:22 54:4 56:25 67:1, 24 68:20 69:16 72:17 79:21 84:25 90:13 92:6 97:1,11 103:8,13 109:15,23 133:22 138:24 155:1 157:19 164:3 165:15 172:1 187:2 Today's 25:21 told 119:2 Toledo 105:1 tolling 11:5,15,18, 21 21:24 ton 78:10 tone 14:14 140:23 141:10 tonight 22:19 40:18 47:16 101:11 103:5 104:5 106:11 107:5,15 112:15 117:24 118:16,25 119:17 120:2,10 130:13 143:20,23 166:20 168:9,18 189:25 tool 164:11 toolbox 164:13 tools 164:12 top 53:10 76:18 96:25 97:6 132:3 146:1, 2 175:24 177:14,18,19 179:12 topic 54:6 81:9 103:8 total 106:2 141:23 totally 55:23 57:23 71:18 138:21 139:11 140:8 174:14 200:17 towering 178:19 towers 74 : 14 Towerside 95:13 traf- 186:18 traffic 24:8 39:16, 22 41:18 50:12,16,18 58:20 62:24, 25 63:4,6 64:2 68:24, 25 70:14 71:14 73:3 80:15,18 81:17 83:10 85:12,17 86:8,17 87:3,11 88:6,23 89:6,19 90:19 92:7, 23 93:10,25 94:15 102:11 103:21 104:12,13 107:9 109:22,25 114:24 115:11 116:3,15,17 118:2 119:8, 9 123:4,18, 19 129:25 130:10,11 139:23 140:5 143:1,10 144:11 151:12,14 153:19,20, 24,25 154:11 155:9 159:11,14 164:9 166:9, 13 167:15, 19,23 168:3, 17 169:14, 15,17 171:9, 10 180:14 181:25 184:24 186:19 187:19,20,25 196:1 200:13 tranquil 92:20 tranquillity 41:25 transect 5:24 157:4 transit 158:8 transition 30:5,10 transportatio n 39:17 64:3 trash 86:18 87:4 89:8 94:16, 19,25 97:20 treat 141:5 160:17 treated 110:23 tree 17:13 85:14 123:17 145:6 187:5 tree -lined 71:23 72:24 tree -related 17:11 trees 13:16 30:2,3 72:1 83:12 90:3,7 101:20 114:4,5 128:21 145:6 148:17 170:22 177:4 tremendous 152:8 191:4 tremendously 190:13 tri-county 77:23 triangles 18:3,9,11,16 trigger 124:13 157:21 U.S. Legal Support 1 www.uslegalsupport.com 60 Planning, Zoning and Appeals Board - May 6th, 2026 triggered 158:21 triggers 157:6 troubadours 78:21 trouble 35:20 troubling 65:12 truck 130:14,23 131:9 trucks 70:7 86:18 89:8 94:16, 25 95:1 110:7 116:5, 16 117:2 130:2,15,19, 25 131:3,17, 18 132:5 140:3 143:10 true 71:22 114:21 186:10 197:14 trust 103:17 119:2 trustees 77:14 truth 69:6 71:8 107:2 tunnel 101:24 turn 24:19 61:5 66:2 96:21 100:17 101:18 130:2,4,16 131:12 turned 68:3,4,5,6 83:6 154:12 turns 146:19 tweaked 170:17 two-lane 115:1 type 16:3 30:19 33:8 131:16 types 42:7 54:15, 16 131:18 141:9 typical 146:1 typically 33:1,18 46:4 49:2,8,12 157:1,22,23 158:12 198:22 U Uber 50:14,15 86:20 Ubers 80:20 ugly 51:8,9 101:4 uh-huh 41:4 139:12 156:11 172:9 178:16 195:10 196:20 ultimate 32:16 ultimately 135:10 ultra -modern 65:17 Un- 140:17 unacceptable 71:18 unanimously 110:17 unclear 73 : 13 uncomfortable 45:19 169:10 174:15 Uncontrolled 80:17 uncovering 26:11 Under- 172:5 underground 145:25 undermines 63:25 understand 38:16 52:9, 10 53:16,24 55:1,11 86:1,4 117:11 128:7 141 : 14 142:18 144:19 148:24 155:5 157:20 161:23 163:5,10 164:5 165:4, 19 171:12 173:11 174:3 182:13 195:16 200:17 understanding 43:5 46:24 48:22 132:18 169:13,16 170:3 understood 41:1 48:24 79:14 120:25 136:24 140:17 168:2 172:5 underway 26:9,20 173:23 unfair 84:3 unfathomable 71:15 unfortunate 144:20 unhappy 45:16 149:15 unhoused 81:3 UNIDENTIFIED 80:7 104:10 unified 72:19 uniform 141:4 uniformly 139:21 union 138:21 unique 38:2 39:15 61:10 99:13 uniquely 40:7 United 114:16 unnecessary 53:19 unreasonable 102:10 155:10 unreinforced 26:15 unsafe 8:8 unusual 38:3 up-and-coming 109:12 update 18:22 25:21 123:21 171:10 U.S. Legal Support 1 www.uslegalsupport.com 61 Planning, Zoning and Appeals Board - May 6th, 2026 updated 168:3,17 169:15 181:25 186:18,19 updates 174:1 uplift 103:14 upper 13:18 upping 23:21 upset 62:13 68:10 69:17 148:25 uptick 108:21 Urban 9:8 27:25 urge 83:24 93:21 113:24 urgent 26:15 US-1 116:15 use -related 28:20 29:5 utilities 158:24 utilize 125:17 V vacuum 122:18 vague 103:18 valet 89:7 valets 89:18 valiant 150:25 valid 10:5 19:11 142:1 valued 73:21 vandalism 87:5 93:10 vanishing 189:22 veer 141:11 vegetation 130:8 vehicle 87:11 vehicles 86:24 116:2 130:6 141:6 vehicular 129:18 130:5 versus 15:16 29:14 33:2 39:24 191:7 veto 10:20,23 11:1 135:1 136:8 vetoed 10:18 134:24 vetoes 160:21 viable 23:11 151:7 170:2 vibe 82:20 vibrant 103:11 vice 74:15 77:13 84:21 136:9 victims 103:16 video 70:2 view 155:2 164:25 village 67:2,9,16, 17,21 68:1, 3,9 69:4,5, 10 72:3,9, 18,23,25 73:6,7,8,9, 11 74:4,8 83:13 85:16 90:16,24 102:12,14 103:10 104:1 113:13 119:10,19,21 125:11 196:4 villainized 88:15 Vinciguerra 66:6,16,18, 19 112:10 137:12 138:6,9,23, 25 139:2,4, 12,15 140:12 141:23 142:8,10,16 143:5,7,14 177:20 178:7,10,13, 17,21,24 179:2,5,8 194:9,12 195:10,21 196:14,16,20 197:12,17, 19,25 vine 79:2 violated 94 : 3 violations 89:21 virtual 191:23,24 virtually 22:6 visibility 18:3,9,11,15 81:6 visible 18:10 26:13 visited 78:21 vitality 27:9 vociferous 169:13 voice 66:5 115:24 122:2 161:13 voluminous 95:20 volunteer 80:23 105:4 vote 9:15 34:21 37:5,18 45:22 52:16, 18 56:22 60:23 74:6 76:24 77:2 86:9 87:15 91:4 92:12 94:5 101:10 105:9 109:15 115:18 149:2 152:24 161:11 164:3 180:19 181:3 187:14 188:4 196:22 200:4 voted 97:12 110:17 190:1 198:23 199:4 votes 9:18 189:10, 13 200:3 voting 104:7 174:15 U.S. Legal Support 1 www.uslegalsupport.com 62 Planning, Zoning and Appeals Board - May 6th, 2026 W wages 102:12 119:10 145:8 wait 99:22 waited 99:23 waiting 34:25 99:15 100:11 110:7 113:7 waive 9:25 waiver 5:15,17,19, 21 23:19 24:10,14 29:18 50:16 114:1 121:6 145:2 waivers 5:14 6:9 9:13 10:2 11:9,24 12:7 13:2 15:24 16:20 23:7 27:18,19 29:11,12 31:8 62:7,10 65:15,19 80:12 81:7 101:10,12,21 112:4 123:24 157:6 164:19 166:4,18 167:1 180:3 wake 153:21 walk 25:16 70:5 75:15 81:2 82:5,6 87:1 89:13,14 91:21 92:5 95:8 124:19 171:1 179:12 walked 82:18 92:6 150:18 walkers 82:8 walking 73:19 87:2 140:25 walkway 95:11 wall 11:13 30:9 72:1 83:12 85:14,15 91:25 93:25 95:10 98:3,5 102:11 116:10,18 117:6 119:6 122:24 123:1 124:11 144:13 151:22 152:12 164:9,10 168:15 176:15 181:15,18,21 182:3 184:25 200:14 walls 102:3 164:11,13 181:22 Walter 96:11 wanted 20:12 21:20 35:17 38:18, 20 48:9 58:6 61:25 98:7 120:23 123:14 124:16 127:3 132:14 134:7 137:13 138:10 166:9,19 177:6 181:13 192:11 wanting 119:8 137:2 waste 70:4 200:9 watch 93:6 watched 102:18,20 watching 74:25 wave 80:2 wayfinding 141:1 ways 126:15 147:18 wealthy 119:7 webinar 122:4 125:4, 9 126:2 192:1 webinars 192:12 week 125:4 175:7 193:8,10 weeks 148:13 149:23 175:8,12 191:7 weigh 144:18 149:24 165:10 weighed 79:9 weight 58:10 191:13 weird 63:10 welfare 108:8 161:14 well-being 40:3 161:7 west 23:17 35:13 39:5 40:18, 24 46:3 48:17 66:8, 20 67:3,9, 16,17,22 68:1,4,9 69:4,5,10 72:3,9,16, 18,24,25 73:6,7,8,9, 11 74:5,8 77:21 80:14 81:11,22 83:13 84:8 85:16 86:4, 10 87:16 88:8 90:5, 16,24 91:5 92:17 93:20 94:8 102:12, 14 103:10,21 104:1 105:10 109:10 110:2,12 113:16 116:1 119:10,16,19 122:23 125:11 127:17 129:2 142:16 151:23 152:9 196:4 western 14 :21 whatnot 157:7 wheelchair 82:7 white 15:6 whomever 156:13 U.S. Legal Support 1 www.uslegalsupport.com 63 Planning, Zoning and Appeals Board - May 6th, 2026 wide 12:18 82:8 116:2 width 5:20 13:6 30:14 62:13 wife 117:13 Wikipedia 67:15 William 69:1 78:3 80:21,24 85:23 115:23 128:18 153:17 Williams 94:21 97:18 99:16 114:19,23 116:5 153:21 willingness 180:6 Winker 34:5 35:8,9, 11,13 36:2, 7,16,18,22 37:20,22 38:14,16,18, 20,23,25 39:2 42:14, 22 43:7,9,14 44:4,7,13,16 45:25 47:9, 10,12,24 48:5 49:21, 25 50:3 56:9 58:5 59:12 60:24 61:1, 3,8 66:15 71:2,14 83:6,16 120:16 132:11,12,14 134:7,9,22 137:17 197:15,23,24 198:2 wins 149:16 winter 81:4 wire 69:11 97:25 98:1 wishes 183:9 withdraw 44:5 withdrawing 44:11 woman 82:17 wonderful 27:4 144:23 word 107:1 163:24 169:11 words 55:7 86:2 work 17:5,9 22:4 25:22 26:2, 10,20,22 29:16 36:1, 21 48:9 50:14 72:7 81:8 86:6 88:2,4,13 90:3 93:6 94:1 99:2 106:15 110:7 125:9,13 126:21 129:4 145:19 150:5 163:20 180:6 181:7,25 186:13 189:24 190:1 worked 26:16 71:20 72:15 88:10 108:10 118:21 122:12,15 129:25 140:6 working 23:10 50:13 69:17 88:9 128:25 129:4 143:21 147:1 159:8 182:18 works 16:12 17:22 18:12 23:9 101:16,17 106:20 151:17 world 99:1 100:15 109:23 worried 70:13 worse 104:14 worthy 196:15 would've 81:22 wound 50:25 wrap 74:1 111:24 163:14 wrinkle 51:21 writing 133:7 written 96:7 103:19 119:3 wrong 89:7,18 93:16,18,23 140:2 155:8 163:18 191:14 wrote 136:10,11 Y yard 104:23 153:23 year 19:15 74:14, 15 78:3,10 81:1 89:16, 23 137:21 140:13 150:21,22 years 8:8 10:6 19:12 24:4 30:7 51:22 55:8 67:21 69:17 70:19 72:16 73:23 74:15,24 75:1 79:3 81:1,14 82:5 87:25 90:13 91:9 95:25 96:4 98:23 100:14 110:16 112:25 115:7 116:12 117:14 119:25 120:19 128:25 129:22 138:11,13, 18,20 139:5 148:7,12 150:13 159:9 160:21 169:4,5 175:7 190:7 191:4,5 198:6 yellow 31:1 York 75:16 U.S. Legal Support 1 www.uslegalsupport.com 64 Planning, Zoning and Appeals Board - May 6th, 2026 young 82:3,17 93:11 94:13 youth 73 : 12 zone 5:24 28:18 41:10 85:24 106:24 110:21 157:4 158:5 zoned 6:15 22:12 69:15 106:23 107:3 zoning 5:3,6 6:5 9:12 16:13 18:22 22:16 25:24 28:4 39:11 75:6 107:24 154:16 157:20 160:2 zoom 78:25 192:12 U.S. Legal Support 1 www.uslegalsupport.com 65 Success. Confirmation #197129294 An email confirmation has been sent to natasha.diaz©miamidade.gov PAYMENT METHOD VISA**** **** **** 3391 CONTACT INFORMATION Natasha Diaz 111 NW 1 STREET Miami, FL 33128 natasha.diaz@miamidade.gov TRANSACTION ID 1297248 Processing Fees Total: OPTION AMOUNT Balance Due $2,749.92 $0.00 $2,749.92 (City' of tami BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 1297248 Transaction Date: May 7 2026 11:14AM Permit Number: FEE SUMMARY PZAB Decision Appeal - David Martinez-Delg obo Miami -Dade County (305)375-1067 Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-229 APPLICATION - GOVERNMENTAL AGENCY 1.0000 UNITS $1,000.00 HEARING BOARDS - PUBLIC HEARING MS-350 PUBLIC HEARING - APPEAL - ADVERTISING 0.0000 N/A $1,500.00 HEARING BOARDS - PUBLIC HEARING MS-445 PUBLIC HEARING - APPEAL - ONE PROPERTY POSTING 0.0000 N/A $200.00 HEARING BOARDS - PUBLIC HEARING MS-446 PUBLIC HEARING - APPEAL - ADDITIONAL PROPERTY POSTINGS 1.0000 UNITS $45.00 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 4.9200 DOLLARS $4.92 Total: $2,749.92 Rev. Jul/02/2012 Generated on May/07/2026 11:15 AM CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Jimmy Middle Name: Last Name: Morales Home Address: Home Address Line 1: 111 NW 1st Street, Suite 625 Home Address Line 2: City: Miami State: Florida Zip: FL 33128 Contact Information: Home Phone Number:305-375-5042 Cell Phone Number: Fax Number: Email:ashlee.thomas@miamidade.gov BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Miami -Dade County Deloartment of Cultural Affairs Address Line 2: Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. The County is appealing the PZAB's denial of its zoning application for Exceptions and Waivers to the City Commission. The PZAB's decision is set forth in PZAB Resolution No. R-26-022. The County seeks the City Commission's approval of the application on appeal. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name Signature Sworn to and su( bscribed before me this 1 Q V day of 20 2(o. The foregoing instrument was acknowledged before me by S t Nt 0 , who has produced Id not take an oath. as identification and/o . ersonaily known to me a . who STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: I v• 2 • 2,c) ao��pY POB(% JANAINAESTANISI.AU PEREIRA �rFOF F�0 * Commission # HH 738955 ° Expires October 29, 2028 Doc. No.:86543 Page 3 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Jimmy Middle Name: Last Name: Morales Home Address: Home Address Line 1: 111 NW 1st Street, Suite 625 Home Address Line 2: City: Miami State: Florida Zip: FL 33128 Contact Information: Home Phone Number:305-375-5042 Cell Phone Number: Fax Number: EmaiLashlee.thomas@miamidade.gov BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Miami -Dade County Det)artment of Cultural Affairs Address Line 2: Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. The County is appealing the PZAB's denial of its zoning application for Exceptions and Waivers to the City Commission. The PZAB's decision is set forth in PZAB Resolution No. R-26-022. The County seeks the City Commission's approval of the application on appeal. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name Signature Sworn to and subscribed before me this 1 V44' day of 20 Z�. The foregoing instrument was acknowledged before me by '‘..A ►M 0 Es , who has produced • id not take an oath. as identification and/o .ersonally known to me a d who STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: (o• 2.9 • Zvi oeY P(/Be% JANAINAESTANISLAU PEREIRA * '_t_ * Commission # HH 738955 ,FFiIF. * Expires October 29, 2028 a Doc. No.:86543 Page 3 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Jimmy Middle Name: Last Name: Morales Home Address: Home Address Line 1: 111 NW 1st Street, Suite 625 Home Address Line 2: City: Miami State: Florida Zip: FL 33128 Contact Information: Home Phone Number:305-375-5042 Cell Phone Number: Fax Number: Email: ashlee.thomas@miamidade.gov BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Miami -Dade County Deloartment of Cultural Affairs Address Line 2: Doc. No.:86543 Page 1 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. The County is appealing the PZAB's denial of its zoning application for Exceptions and Waivers to the City Commission. The PZAB's decision is set forth in PZAB Resolution No. R-26-022. The County seeks the City Commission's approval of the application on appeal. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name I my Mor, les Signature Sworn to and subscribed before me this 1 18-1" day of M 20 2L. The foregoing instrument was acknowledged before me by "2 *A4 0 ES who has produced id not take an oath. as identification and/o .ersonally known to me a . who STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: (p• 2M 2,c) Pue<% JANAINAESTANISLAU PEREIRA Commission # HH 738955 Expires October 29, 2028 Doc. No.:86543 Page 3 of 3 OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COTi T`iY, FLORIDA MEMORANDUM Amended Agenda Item No. 8(C)(1) TO: Honorable Chairwoman Rebeca Sosa DATE: October 1, 2013 and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney SUBJECT: Resolution approving (1) the updated Lease between the State of Florida and Co -Lessees, Miami -Dade County and Florida International University of the Coconut Grove Playhouse, 3500 Main Highway, Coconut Grove, FL 33133 and (2) the Agreement between the County and FIU Resolution No. R-797-13 The accompanying resolution was prepared by the Department of Cultural Affairs and placed on the agenda at the request of Prime Sponsor Commissioner Xavier L. Suarez and Co -Sponsor Commissioner Sally A. Heyman. R. A. Cu- . s, Jr. County Attorney RAC/smm Date: October 1, 2013 Memorandum To: Honorable Chairwoman Rebeca Sosa and Members, Board of Co ty Commissioners From: Carlos A. Gimenez Mayor Subject: Coconut Grove Playhousepproval of the Updated Lease with the State of Florida and Approval of an Agreement with Florida international University Recommendation It is recommended that the Board approve (1) the updated Lease between the State of Florida (State) and co -lessees, Miami -Dade Comity (County) and Florida International University (FM) and (2) the Agreement between the. County and F1U, in substantially the form. attached. Pursuant to the State's solicitation instructions, the Lease will not become fully effective until there has been satisfactory resolution of the encumbrances affecting the title of the Coconut Grove Playhouse property. Silnilarly, the Agreement with FEU will not activate until such time as well.. FM's Board of Trustees already has approved delegation of authority to execute the Lease and the Agreement. _ Scope The Coconut Grove Playhouse is located in District 7 but the impact of re-establishing a regional theater is countywide. Fiscal Impact/Fundiug Source Any finding that may be required to satisfy State or other prerequisites for the execution of the Lease and the Agreement must first be reviewed and approved by the Board. The Background section of this Memorandum provides an update on these financial issues. Funding for the eventual capital project to re-establish regional theater on the Coconut Grove Playhouse site comes from two sources: 1) $15 million from project number 299 of the Biding Better Communities -General Obligation Bond (BBC -GOB) program; and 2) $5 million from Series 2005 of Convention Development Tax (CDT) bond proceeds. Delegation of Authors its Authority for executing the Lease and the Agreement resides with the Mayor or his designee; authority for exercising all provisions contained in the Lease and the Agreement and applicable to Miami -Dade County is delegated to the Department of Cultural Affairs' Director. Track RecordiMonitor The State and F1U have track records for worldng cooperatively and successfully with iami- Dade County on a variety of issues and projects that benefit the public. Michael Spring, Director of the Miami -Dade Department of Cultural Affairs, is responsible for implementing the County's rights and responsibilities under the Lease and the Agreement. 9-, Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 2 Background - On July 16, 2013 the Board approved Resolution R 621-13, approving a Lease between the State of Florida and co -lessees, Miami -bade County and Florida International University, for the Coconut Grove Playhouse property. We noted in the Board agenda item that the Lease remained under review by the State. The Board's approval of the Lease was a prerequisite for the Florida Cabinet to consider the proposal jointly submitted by FIU and the County for the Coconut Grove Playhouse. On August 20, 2013, the Florida Cabinet met in Miami and approved the Business Plan submitted by the County and F[U and delegated authority to the State's Department of Environmental Protection (DEP) to finalize the Coconut Grove Playhouse Lease, Attached to this agenda item is the updated Lease incorporating subsequent revisions that have been negotiated between the State and the County and FRT. Exhibit B to the Lease is the updated Business Plan, incaq orating revisions requested by the State and recommended by the County and FIU. In addition, the My 16, 2013, Board item indicated that a separate agreement between FIU and the County would be developed in tandem with the Lease in order to codify the rights and responsibilities of FIU and the County in more detail in regard to the property, its operation and prog ramming. This County-FIU Agreement also is attachedto this agenda item and recommended for approval. It is important to emphasize that pursuant to requirements of the State's surplus property process, the County and FIU must approve and execute the Lease by October 15, 2013. Additionally, to ensure clarity and establish the terms of the working relationship between the County and FIU, it is essential to approve and execute the County FIU Agreement in tandem with the Lease. It must be noted that the State requires that any encumbrances affecting the property's title must be resolved within three months ofthe execution of the Lease, which is by January 15, 2014, assuming the Lease is executed on the deadline of October 15, 2013. At this time, the S#ate has not agreed to provide us with additional time to resolve the encumbrances. (The prior July 16, 2013, Memorandum to this Board suggested that the State had been considering allowing additional Lae as might be reflected in the Lease. However this is not the case; the State has not agreed to any language in the Lease to provide such additional time.) It must be reiterated that any funding that may be required to satisfy State car other prerequisites related to the finalization of the Lease and the Agreement must first be reviewed and approved by the Board. The Updated Coconut Grove Playhouse Lease The following are highlighted revisions to the updated Lease that were made subsequent to the Board's July 16, 2013 action: • The terra ofthe Lease is fly (50) years with two twenty-five (25) year renewals that are subject to the State's approval (Section 3). • The insurance requirements have been updated to reflect the fact that the County and FI J are self - insured (Section 14). • The Lease provides the County and FIU with the authority to challenge certain encumbrances on the property, including by utilization of legal proceedings (Section 16) and commits the State's reasonable cooperation with such actions (Section 31), Honorable Chairwoinan Rebeca Sosa and Members, Board of County Commissioners Page No. 3 • The time to cure:any__breach of the Lease's terms and conditions is extended from sixty (60) to one hundred and twenty (120) days (Section26). • If any encumbrances are discovered that were not reflected in the State title work,, the County and FIU have twelve months to address these "new" encumbrances; if unable to do so, the County and FIU may terminate the Lease (Section 31). • The use of the approved $20 million of County bond funds for the Playhouse and adherence to timetable for °azrying out the capital project are requirements of the Lease (Section 40). ▪ An armnai 'written status report is required to be submitted to the State by the County and FIU (Section 40). The Updated Business Plan The following are hi lighted revisions to the updated Business Plan that were ni de subsequent to the Board's July 16, 2013 action (this updated Business Plan. is Ddaibit B to the attached Lease): • The County and FIU may pursue the potential of additional, compatible development on the propertywith the objective of generatg additional revenuers principally dedicated to ensure the viability and success of GableStage's and FIU's cultural and educational programming at the Playhouse (page 5 and pages 15-16). • An estimated timeframe for the capital project is included. (pages 9-10). • There are sections outlining Mimi -Dade County's successful track record for working with non- profit cultural organizations to manage the County's property (pages 12-13 and Attachment E). The County FIUAgreement In order to ensure that there is a clear delineation of the rights and responsibilities between the County and FIU, a separate agreement has been developed to codify the provisions essential to the County-FIU partnership. This Agreement (attached) was based on the details contained in the Business Plan (Exhibit B to the Lease) which was developed Jointly by the County and FIU in coordination with GableStage. The key principles that guided the County-FIU Agreement are: - • The County assumes responsibility for any costs associated with resolving the encumbrances. • The County has the sole rights and responsibilities in regard to the implementation, decision - making and handing necessary to develop a.regional theater onthe site. • The County has the right to determine the best method to manage the surface parking lot with the objective of dedicating the net revenue from its operation to the management and mgrararning of the theater, subject to confirmation regarding application of funding. • The County will have the financial responsibility for the implementation of the Playhouse capital plan, for the theater's operations and pro nmiing or for any other costs associated with the property. 4 Subject to review and approval of a bid waiver by the Board, the County will enter into an Operating Agreement with GableStage to operate, program and maintain the theater. GableStage will be responsible for all costs associated with the' operations and programming of the theater. Honorable Chairwoman Rebeca Sosa and Members, Board of County Connnissioners Page No. 4 GableSfage and Flti will develop an agreement to establish programs and initiatives that molly benefit the theater company and the university, as outlined in the Business Plan., Update on Encumbrances Affecting the Property Title We are continuing to work on the requirement to satisfy and/or obtain releases of the property title encumbrances identified by the State and as notedabove, these issues must be resolved wig 90 days of executing the Lease. The following is a summarized progress report: City ofMiaroi We are in discussions with the City of Miami regarding: the accumulated fines resulting from numerous Final. Administrative Enforcement Orders which are referenced in the title work; and the City lawsuit seeking a leasehold interest in the Playhouse property. The City estimates the total amount claimed arising from the enforcement orders to exceed $500,000. Based on our recent discussions, City representatives have expressed. their intention to support the County's and FIU's objectives for the Playhouse project. The City and its Offstreet Parking Authority have eked an interest in collaborating on the theater, parking and the potential of additional, compatible development on the property_ We anticipate that these discussions may result in a more faunal agreement with the City regarding their involvement that the agreement may serve as a prerequisite for the City to relinquish its claims and lawsuit. Such an agreement would be reviewed by the Board and 'the City Commission and the disposition of the City's claims and lawsuit would be addressed by the City Commission Aries (OH Mortgage, LLC) Conversations among the attorneys representing Aries, the Coconut Grove Playhouse and the County are continuing with the objective of resolving the pending issues. These include: having Aries remove references in its $1,5 million mortgage for the separate "Bicycle Shop" property that appear as exceptions in the title work on the Playhouse property; and (unrelated to the County and FfO) settling the foreclosure action that Arles has undertaken with the Playhouse regarding the Bicycle Shop Property, As we have reported, the Bicycle Shop property did not revert to the State and certain assignments of leases, rents and profits from the Playhouse property are referenced in the title report as purporting to secure the mortgage on the Bicycle Shop property between GH Mortgage, LLC and the Coconut Grove Playhouse, LLC. The State's current position appears to be a preference for having Aries remove references to their mortgage on the Bicycle Shop property that appear in the Playhouse title work. • Other Judgments and Encumbrances As noted in the July 16, 2013 Board item, a number of other, judgments recorded as encumbrances in the title work of the Playhouse Property also wail need to be resolved. We will provide fire updates to the Board on efforts with these matters. Other Options Being Pursued Concurrently to Secure the Playhouse Property Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 5 At the August 20, 2013,:Florida Cabinet meeting, State staff recommended and the Cabinet approved moving ahead with concurrent work on other potential solutions regarding the Playhouse property: a property exchange and/or fee simple conveyance of the property to the County. Subsequently, we have had discussions with DEP staff regarding the procedures involved in a property exchange and have been the process of identifying and reviewing potential parcels of County property that may be available and of interest to the Stat . In addition, we have had very preliminary conversations with State staff regarding the concept of deeding the property to the County at no cost, given the County's commitment to utilizing the Playhouse for a purpose that will benefit the public. It is important to note that any of these options would require Cabinet and Board approval. In addition, FIU has expressed its strong support for pursuing these options and its commitment to developing a programmatic partnership with GableStage ifthe County became fne sole owner of the property. Attachments 'sa'Nl Martinez Senior Advisor, Office of the Mayor MEMORANDUM (Revised) TO: Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney DATE: October 1, 2013 Amended SUBJECT: Agenda Item No. 8 (C) (1) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (Le., 2/3's 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Amended Approved Mayor Agenda Item No. 8 (C) (I) Veto Override RESOLUTION NO. R-797-13 RESOLUTION APPROVING (1) THE UPDATED LEASE BETWEEN THE STATE OF FLORIDA {STATE) AND CO -LESSEES, MIAMI-DADE COUNTY (COUNTY) AND FLORIDA INTERNATIONAL UNIVERSITY (FIU) OF THE COCONUT GROVE PLAYHOUSE, 3500 MAIN HIGHWAY, COCONUT GROVE, FL 33133 AND (2) THE AGREEMENT BETWEEN THE COUNTY AND FIU, AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO EXECUTE THE LEASE AND THE AGREEMENT, SUBJECT TO CERTAIN CONDITIONS AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR'S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONFERRED THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and WHEREAS, on August 20, 2013, the Florida Cabinet met in Miami and approved the Business Plan for the Coconut Grove Playhouse property submitted by the County and FIU and delegated authority to the State's Department of Environmental Protection (DEP) to finalize the Coconut Grove Playhouse Lease; and WHEREAS, the terms and conditions of the Lease attached hereto as Exhibit A have been updated after reviewed by staff at the County, the State and FICT; and WHEREAS, a separate agreement between FIU and the County is needed to further delineate their respective rights and responsibilities in regard to the property, its operation and its programming; and WHEREAS, the Lease and the Agreement will become effective on or before January 15, 2014, subject to the resolution of any encumbrances affecting the title of the Coconut Grove Playhouse property, Amended Agenda Item No. 8 (C) (1) Page No. 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board authorizes the County Mayor or County Mayor's designee to execute the Lease between the State and Co - Lessees, the County and FIU and the Agreement between the County and FIU, in substantially the form attached hereto, and authorizes the Mayor or the Mayor's designee to exercise any and all other rights contained therein, all subject to the following conditions: 1) Satisfactory resolution of any encumbrances affecting the title of the Coconut Grove Playhouse property through collaborative efforts by the State, FIU and the County; and 2) Review and approval by the Board of any expenses and corresponding revenue sources that may be necessary for the County to satisfy State or other prerequisites for the Lease to become effective. The County Mayor or Mayor's designee is further authorized to determine whether such conditions have been met. In addition, the Board urges the Florida Cabinet and Department of Environmental Protection to take whatever additional action may be necessary to convey the Coconut Grove Playhouse property to Miami -Dade County. The Board also directs the County's State lobbying team to advocate for such conveyance, the lease and any other actions as needed related to furthering the Coconut Grove Playhouse initiative and authorizes and directs the Office of Intergovernmental Affairs to include this item as part of its ongoing State legislative activities. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a.vote, the vote was as follows: Xavier L. Suarez Jean Monestime Amended Agenda Item No. 8(C) (1) Page No. 3 Rebeca Sosa, Chairwoman Lynda Bell, Vice Chair Bruno A. Barreiro aye Esteban L. Bovo, Jr. Jose "Pepe" Diaz aye Audrey M. Edmonson Sally A. Heyman absent Barbara J. Jordan Jean Monestime aye Dennis C. Moss Sen. Javier D. Souto aye Xavier L. Suarez Juan C. Zapata absent aye absent aye aye aye absent aye The Chairperson thereupon declared the resolution duly passed and adopted this 1st day of October, 2013. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency. Jason E. Bloch MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Christopher Agrippa Deputy Clerk OAL1 BOARD OF -TRUSTEES -OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease Number 4721 THIS LEASE AGREEMENT, made and entered into this day of 20 , between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and an behalf of FLORIDA INTERNATIONAL UNIVERSITY (FIU) and MIAMI-DADE COUNTY (COUNTY) (collectively hereinafter referred to as "LESSEE".) LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease is situated in the County of Miami -Dade, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". The leased premises are being leased to LESSEE in an "AS IS, WHERE IS" condition without warranties of title or representations. 3. TERM: The term of this lease shall be for an initial period of 50 years commencing on October 15, 2013, and ending on October 14, I1 2063, unless sooner terminated pursuant to the provisions of this lease. LESSEE may renew this lease for two additional 25-year terms, subject to LESSOR's approval, at one of its regularly scheduled meetings, of LESSEE's request to renew or extend this lease. LESSEE shall be required to give LESSOR at least one hundred twenty (120) days written notice of its election to renew or extend this lease prior to the expiration of the current ,lease term. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of programs and facilities that. present arts, cultural, community, civic, governmental and educational activities for the benefit of the public, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease, 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. Page 2 of 23 Lease No. 4721 R 05/13 8. LAND USE PLAN.:_ LESSEE has prepared and submitted a business plan, which is attached hereto as Exhibit "B" ("Business Plan"). LESSOR's execution of this Lease shall constitute acknowledgment and approval of the Business Plan, and further that such Business Plan the satisfies the requirements for submission and approval of a Land Use Plan (PLAN) for the leased premises, in accordance with Section 253,034, Florida Statutes. The leased premises shall be developed consistent with the original management concept included in the PLAN approved by LESSOR on August 20, 2013, provided however, that all parties understand and agree that that details of the PLAN may evolve and change as a result of, and throughout, the design, construction and operational phases of the PLAN. LESSEE is to notify LESSOR in writing of any changes that alter the original management concept included in the PLAN and it is at the discretion of LESSOR if the Changes are acceptable. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased. premises. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE's own risk. The PLAN shall provide the basic guidance for all management activities. LESSEE shall not use or alter the leased premises except as generally provided for in the approved PLAN without the prior written approval of LESSOR. Page 3 of 23 Lease No. 4721 R 05/13 13 9. EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted by LESSOR. LESSEE is not authorized to grant any easements of any nature and any easement granted by LESSEE shall be void, and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. OPERATING AND OTHER ANCILLARY AGREEMENTS: All parties stipulate and agree that LESSEE has the right to enter into agreement(s) with outside party(ies), for the purpose(s) of managing, operating and/or maintaining all or a portion of LESSEE's operations and/or the leased premises, including, without limitation, ancillary and supporting functions such as vehicular parking and concessions. However, LESSOR reserves the right to review any proposed activity by a third party to determine if the activity would require a sublease pursuant to Chapter 18-2, Florida Administrative Code. If a sublease is required, it shall comply with the applicable requirements of Chapter 18-2, Florida Administrative Code. 12. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. Page 4 of 23 Lease No. 4721 R 05/13 13. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall be developed consistent with the objectives of the PLAN. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of LESSOR. Equipment and improvements placed on the leased premises by LESSEE which are not intended to, or do not become, a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease, 14. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain a policy of fire and extended risk insurance coverage. As governmental entities LESSEE shall have the option to satisfy this obligation under LESSEE's property insurance program(s) with values scheduled for the full insurable replacement value of any improvements or fixtures located on the leased premises. LESSEE shall provide confirmation of such self-insurance in compliance with Section 768.28, Florida Statutes, in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury., death, and property damage on the leased premises. LESSEE shall submit annually thereafter, written evidence of maintaining such insurance policies, or self-insurance, to the $ureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Page 5 of 23 Lease No. 4721 R 05/13 1 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage or failure to self -insure as described above, and the failure to maintain such policies or certificate in the amounts set forth, or to self -insure, shall constitute a breach of this lease. 15. LIABILITY: Each party is responsible for all liability attributable to that party and to the officers, employees and agents of that party, including but not limited to liability for personal injury and property damage arising out of the negligent acts or omissions of that party and the party. Nothing herein shall be of sovereign immunity enjoyed by officers, construed employees and agents as an indemnity or a any party hereto, as provided of that waiver in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 16. PAYMENT OF TAXES AND ASSESSMENTS/AUTHORITY TO CHALLENGE ENCUMBRANCES: LESSEE shall assume full responsibility for and shall pay all liabilities, if any, that accrue to the leased premises or to Page 6 of 23 Lease No. 4721 R 05/13 the improvements thereon, including any and all ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully and properly assessed and levied against the leased premises during the lease term. LESSOR shall not consent to or otherwise allow or permit such taxes, assessments, liens, etc., to accrue or be assessed or levied upon the leased premises, and agree to reasonably. cooperate with the LESSEE in any efforts to investigate, appeal, or otherwise challenge in any way such taxes, assessments u liens, etc. LESSOR stipulates, authorizes, delegates and acknowledges that LESSEE shall be empowered to take all steps necessary to challenge any taxes, assessments, liens, judgments, or any other encumbrances, etc., including those Encumbrances as hereinafter described and defined in paragraph 31, and may do so by any legal and appropriate means, including but not limited to, by the utilization of legal proceedings. LESSOR shall reasonably cooperate with LESSEE in any efforts to investigate, appeal, or otherwise challenge the forgoing. 17. NO WAIVER OF BREACH: The failure of LESSOR or LESSEE to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR or LESSEE of any of the provisions hereof shall in any event be deemed Page 7 of 23 Lease No. 4721 V. 05/13 1 -7 to have been made unless the waiver is set forth in writing, signed by LESSOR or LESSEE, respectively. 18. TIME: Time is expressly declared to be of the essence of this lease. 19. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 20. UTILITY FEES: LESSEE shall be responsible for the payment of all LESSEE -caused charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 21. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring arid recovering oil and minerals by whatever means appropriate, provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 22. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all, financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or Page 8 of 23 Lease No. 4721 R 05/13 ►8 require the submittal of an annual independent audit by a Certified Public Accountant during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in - conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 23. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 24, COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 25. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to,be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: Page 9 of 23 Lease No. 4721 R 05/13 i9 LESSOR: LESSEE: With.a copy to: With a copy to: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, MS 130 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Miami -Dade County Department of Cultural Affairs 111 N.W. 19t Street, Suite 625 Miami, Florida 33128 Miami -Dade County Attorney's Office 111 N.W. 1st Street, Suite 2800 Miami, Florida 33128 and Florida International. University Modesto Maidique Campus Senior Vice President & Chief Financial Officer Division of Finance and Administration 11200 S.W. 8th Street, PC 523 A Miami, Florida 33199 Florida. International University General Counsel's Office 11200 S.W. 8th Street, PC 511 Miami, Florida 33199 26. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within one hundred twenty (120) days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within one hundred twenty, (120) days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of Page 10 of 23 Lease No. 4721 R 05/13 ad recovering the leased premises or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 27. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises, or any part thereof, (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. Page 11 of 23 Lease No. 4721 R 05/13 �1 In the event of LESSEE's failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE's failure to comply, as may be necessary to bring the leased premises, and affected off -site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. Where hazardous substances have been introduced during the lease term, LESSEE's remediation obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE's activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE Page 12 of 23 Lease No. 4721 R 05/13 shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 28. ENVIRONMENTAL AUDIT: At LESSOR's discretion, LESSEE shall provide LESSOR with a current Phase -I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 29. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR, In the event no further use of the leased premises or any part thereof is needed, or desired, in LESSEE's discretion, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the Page 13 of 23 Lease No. 4721 R 05/13 a3 expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR's sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, State of Florida Department of Environmental Protection shall perform an on - site inspection and the keys to any building on the leased premises shall be turned over to the State of Florida Department of Environmental Protection, Division of State Lands. If the improvements do not meet all'conditions as set forth in paragraphs 20 and 36 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 30. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises, provided that LESSOR has provided to LESSEE written copies of such Best Management Practices prior to, or contemporaneously with, execution of this lease. 31. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises shall be retained by LESSOR. LESSOR and LESSEE shall not do or permit, and since September 25, 2012, they have not done or permitted, anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in Page 14 of 23 Lease No. 4721 R 05/13 zzy the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. In the event any encumbrances including, but not limited to, liens, judgments, enforcement orders and notices, and municipal special -assessments ("Encumbrances") attach to the leased premises from September 25, 2012, through the term of this lease it will be LESSEE's responsibility to remove, release, satisfy, or otherwise resolve these Encumbrances from the leased premises at LESSEE's sole cost and expense. Provided that in the event that Encumbrances are discovered which were not reflected in the Old Republic National Title Insurance Company Commitment, Fund File Number 01-2012-016250A with an effective date of September 25, 2012 at 11:00 p.m., then LESSEE shall have twelve months to attempt to remove, release, satisfy, or otherwise resolve those. In the event that LESSEE determines that it is unable to reasonably do so, LESSEE may terminate this lease with no further liability or obligation under this paragraph by then utilizing the provisions of paragraph 29 of this' lease. 32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be'invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Page 15 of 23 Lease No. 4721 R 05/13 33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state --owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 34. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 35. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR and LESSEE. 36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, maintaining all planned improvements as set forth in the approved Land Use Plan, and meeting all building and safety codes. LESSEE shall Page 16 of 23 Lease No. 4721 R 05/13 maintain any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 37. GOVERNING LAW: This lease shall be governed by and interpreted -according to the laws of the State of Florida. 38, SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 39. ADMINISTRATIVE FEE: LESSEE shall, pay LESSOR an annual administrative fee of $300 pursuant to subsection 1B-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 40. SPECIAL CONDITIONS: The following special conditions shall apply to this lease: A. LESSEE shall dedicate $20 million specifically for the capital expenses for the Coconut Grove Playhouse project and adhere to the timetable for the capital plan as set forth in the Business Page 17 of 23 Lease No. 4721 R 05/13 Plan. Failure to do so shall constitute a default under this lease. B. During the term of this lease and any renewal or extension, LESSEE shall be required to provide LESSOR with an annual written status report of the construction and, the operation of the Coconut Grove Playhouse within 30 days of each annual anniversary date of this lease. C. LESSEE acknowledges and understands that this lease is subject to existing Coconut Grove Parking and Security Use Agreement No, 0392 ("Use Agreement"), dated November 2, 2012, as amended by Amendment to Use Agreement Number 0392, dated June 14, 2013, by and between LESSOR and Paradise Parking Systems, LLC, and that LESSOR shall continue to receive the monthly fees under the Use Agreement until such time as the Use Agreement is terminated. Upon LESSEE's written request, LESSOR agrees to promptly terminate the Use Agreement in accordance with the termination provisions in the Use Agreement. Page 18 of 23 Lease No. 4721 R 05/13 IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. Witness Print/Type Name Witness Print/Type Name STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) CHERYL C. McCALL, CHIEF BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" The foregoing instrument was acknowledged before me this day of , 20, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal, Improvement Trust Fund of the State of Florida. She is personally known to me. Page 19 of 23 Lease No. 4721 A 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney 2 9 FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and on behalf of Florida International University By: Witness Print/Type Name Print/Type Name Witness Title: Print/Type Name (OFFICIAL SEAL) "LESSEE" STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by , as , on behalf of Florida International University Board of Trustees. He/She is personally known to me. Page 20 of 23 Lease No. 4721 R 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: 30 Witness MIAMI-DADE COUNTY, FLORIDA By its Board of County Commissioners By; Print/Type Name Print/Type Name Witness Title: Print/Type Name (OFFICIAL SEAL) ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Miami -Dade County ••LESSEE" STATE OF FLORIDA COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this day of 20_, by and , as and respectively, on behalf of the Board of County Commissioners of Miami -Dade County, Florida. They are personally known to me. Page 21 of 23 Lease No. 4721. R 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: 3t EXHIBIT "A" LEGAL DESCRIPTION OF THE LEASED PREMISES Page 22 of 23 Lease No. 4721 R 05/13 EXHIBIT ' Brr BUSINESS PLAN See attached Business Plan, Coconut Grove Playhouse. Page 23 of 23 Lease No. 4721 R 05I13 Business Plan Coconut Grove Playhouse Property 3500 Main Highway, Coconut Grove, FL 33133 Presented by Florida International University and Miami -Dade County in consultation with GableStage FLORIDA ININIERNATIONAL UNIVERSITY ABLESTAGE Coconut Grove Playhouse Business Plan Page2of16 , Table of Contents Introduction and Contact information Pages 3 - 4 Governance and Organizational Structure Pages 5-7 Capital Plan Pages 8 -10 Operational Forecast C Property Management and Development Pages 11 -1 6 Attachments b A — Florida International University College of Architecture + The Arts (CARTA) — Vision and Mission O B - Building Program for 300-seat professional theater • C — GableStage: background information 9 D — Coconut Grove Playhouse Questions and Answers 6 E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations • F — Coconut Grove Playhouse Property Location Map and Information 35 Coconut Grove Playhouse Business Plan Page 3 of 16 Introduction This Business Plan is an outline of the proposed use of the Coconut Grove Playhouse property in Miami, Florida by Florida International University (FIU) and Miami -Dade County for educational, cultural and civic engagement purposes, It was developed and approved by the boards of FIU and Miami -Dade County in close consultation GableStage, one of Florida's most accomplished not -for -profit theater companies_ The proposed partnership among FIU, Miami - Dade County and GableStage serves as a central premise for the Business Plan. Key Benefits to the State and Florida International University It is important to emphasize the key benefits that acquisition of the Coconut Grove Playhouse property and this Business Plan provide to -the State of Florida, FIU faculty and students, and the general public of South Florida that FIU engages to advance its educational mission: ▪ FIU will have a partnership with Miami -Dade County and GableStage, one of the region's preeminent non-profit theater companies and the designated operator of the regional theater facility, and can establish programs to enhance the work of FIU's College of Architecture + The Arts (CARTA) and specifically, its Theater Department, for teaching and learning, research, and performance activities (e.g., student internships; workshops with practicing theater professionals; university —sponsored performances; opportunities for theater and arts faculty to develop professional credentials through acting, directing, set and costume design, production and technical aspects of lighting and sound, etc.). See Attachment A — Vision and Mission. ® FIU will have the ability to use the theater and ancillary spaces to advance its established community engagement goals in a central, prominent Coconut Grove location and further elevate the profile and reputation of the university (e.g., lectures by FIU faculty and visiting scholars; presentations by FIU's Colleges, Centers, and Institutes; the FIU Office of Engagement; etc.). • FIU's affiliation with a major regional theater company will accrue to the university's status as an important center for creativity and innovation, similar to the benefits enjoyed by other universities affiliated with regional theater companies such as Yale University through the Yale Repertory Theater and Brown University and the Trinity Repertory Company. Work on the ambitious capital and operational components of the Business Plan will be accomplished with no cost to FIU or the State of Florida. ▪ FIU will serve as the catalyst for a major, historic cultural site in the heart of one of Miami's oldest neighborhoods to be reactivated for educational and cultural purposes. Coconut Grove Playhouse Business Plan Page 4 of 16 Key Benefits to Miami -Dade County The key benefits of the proposed partnership between FIU and Miami -Dade County that help advance primary goals of the County's cultural development of our community and create more opportunities for its residents and visitors include: a The County will achieve its goal of re-establishing a major regional theater for South Florida, a key missing element in our cultural life and an essential part of the County's plan to establish Miami -Dade County as one of the world's newest and most vibrant cultural centers. ▪ The County will utilize the $20 million of capital funds already approved by the Board of County Commissioners for the capital plan to redevelop the Goconut Grove Playhouse site to accomplish an, outstanding theater complex and adequate parking to serve its audiences. A The Countywill help forge a programming partnership between FIU and GableStage, the designated operator of the regional theater facility, to create outstanding educational and cultural opportunities. o The County will implement its work plan developed in collaboration with GableStage, a non- profit organization, to build the capacity of this outstanding theater company (its staff and its volunteer board of directors) to reach its clear potential to be one of the nation's leading regional theater companies. • The County will work with Coconut Grove stakeholders, with the inclusion of Public -Private Partnerships, to help achieve additional objectives for this project, including but not limited to helping to revitalize a neglected part of this neighborhood, serving as a catalyst for economic redevelopment, pursuing the potential of additional, compatible development on the property to support theater operations, and ensuring that this historic property is treated with respect and sensitivity to the "village" ambiance of Coconut Grove. This Business Plan is developed to provide the State of Florida with the confidence and assurance that FIU, Miami -Dade County and GableStage have sound business plans, adequate resources and the requisite expertise to accomplish the goals that are set forth and to achieve the important public purposes summarized above for the State, FIU and Miami -Dade County. Contacts: Kenneth A, Jessell, Ph.D. Senior Vice President and Chief Financial Officer Florida International University 11200 SW 8' St, PC 523, Miami, FL 33199 Phone; 30 348-21 g1 Fax: 305-348-3678 Email: kenneth_jessel! tY,fiu.edu Lisa M. Martinez Senior Advisor, Office of the Mayor Miami -Dade County 111 Nov 1st St, 29tr' Floor, Miami, FL 33128 Phone: 305-375-2911 Fax: 305-375-2099 E-mail: lisamm(c miamidadegov 3`l Coconut Grove Playhouse Business Plan Page 5 of 16 Governance and orcanizationai Structure In order to accomplish the goals of this Business Plan, the following organizational and governance structure will be utilized: • The Coconut Grove Playhouse property will be conveyed from the State of Florida to FIU and Miami -Dade County through a long-term lease. • FIU and Miami -Dade County will serve as co -lessees. • A separate agreement between FIU and the County will delineate the responsibilities and rights of each of the parties. • Miami -Dade County will negotiate and execute an operating agreement* with GableStage, a non-profit theater company, to operate, program and maintain the theater (see below for key business points), State of Florida Co-Lesets Florida tr-ternatona1 University Operat3hg A9raEme 11 6124,3 l £bf • Miami -Dade County and FIU will determine the best approach to manage the remainder of the site (parking, groundskeeping, etc,). ® Miami -Dade County and FIU may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure the viability and success of Gablestage's and FIU's cultural and educational programming at the Playhouse_ • FIU and GableStage will establish programming partnerships directly between them. * Miami -Dade County has a number of operating agreements with non-profit cultural organizations that manage, program and help maintain cultural facilities on its behalf (e.g., HistoryMiami, Performing Arts Center Trust, Miami Science Museum, Miami Art Museum). These partnerships add the expertise and activate the fundraising capabilities of the private sector to enhance the educational and cultural opportunities offered to the public. See Attachment E. Coconut Grove Playhouse Business Plan Page 6of16 Development and Management Agreement between FIC1 and Miami -Dade Gounly — Key Business Points • Miami -Dade County is responsible for funding and implementing a capital project to provide a theater, front- and back -of -house support spaces and parking, including but not limited to the competitive selection of architectural, engineering and consulting firms and the competitive selection of a contractor to build the project. FIU and Miami -Dade County, in consultation with GableStage, will agree upon a master plan for the site and a building program delineating theater spaces and sizes. • Miami -Dade County will negotiate and execute an operating agreement with GableStage for programming and maintaining the theater and will determine the best approach to managing the rest of the site, subject to FIU's concurrence. • Miami -Dade County will utilize revenues generated by activities on Coconut Grove Playhouse property, other than those presented by GableStage, to cover the expenses of parking and site management Any revenues remaining after these expenses will be used by Miami -Dade County solely to help support the non-profit theater activities presented for the public's benefit by GableStage_ • Any additional future development of the site will be subject to the review and concurrence of the State, FIU and Miami -Dade County. The use of any additional revenue that may result from such development would be dedicated principally to the viability and success of GableStage and is subject to the review of the State, FIU and Miami -Dade County and the approval of the State. • FIU will have certain defined benefits with GableStage that take into account the goals of the Business Plan for FIU's students, faculty and the community. These benefits will be agreed upon in writing between FIU and GableStage before the County's execution of an operating agreement with GableStage, which agreement shall reference and/or incorporate the benefits. While not exhaustive in scope, anticipated benefits may include Joint marketing, signage and promotion; GableStage and FIU faculty and staff affiliations; workshops and master classes; use of the facilities; and other benefits necessary to advance FIU, Miami - Dade County, and the Coconut Grove Playhouse. 9 Miami -Dade County is responsible for the operational and maintenance coats of the site. • Miami -Dade County and FIU will agree upon a process for communication regarding progress and activities that may include regular meetings and reports shared with designated representatives. Coconut Grove Playhouse Business Plan Page 7of16 Operating Agreement between Miami -Dade County and GabieStage — Key Business Points a GableStage will be responsible for operating, programming and maintaining the theater facility. • The importance of a lease term of 50 years, with two renewable 25-year terms, is that the volunteer board of directors of GabieStage can provide their current and future donors with a firm assurance that their contributions for programs are helping to establish theater -going traditions on a site that is secured for the next 100 years. This is essential for the increased fundraising that is essential to operate and program the theater. Funding from iVliami-Dade County to GableStage will be available through the County's competitive grants programs (currently, GableStage receives County grants through the Department of Cultural Affairs)_ Miami -Dade County has provided significant grant funding support to GabieStage since its incaptior , fifteen years ago,* ▪ Parking revenues and other income that may result from compatible development on the site will be dedicated completely to GableStage to ensure the viability and success of the non- profit theater operations. • GableStage and FIU will agree upon certain rights and benefits that also will be referenced and/or incorporated into the operating agreement between the County and GableStage. • GableStage will participate in and provide input for the County's selection of capital project consultants and contractors and on the resulting work to develop a site master plan and on the theater design and construction. a GableStage will work with the County on a management plan to help build its organizational capacity to ensure success in operating and programming the theater (e.g., fundraising, board developments operating budget forecasts, etc.). ® Miami -Dade County and GabieStage will develop and agree upon terms to ensure adequate and affordable parking an the Coconut Grove Playhouse site for GableStage personnel and for audiences attending activities presented by GabieStage, *In FY2012-2013, Miami -Dade County allocated more than $250,000 in grant support for GableStage's operations and programming. Coconut Grove Playhouse Business Plan Page 8 of 16 Capital Plan The Capital Plan for the Coconut Grove Playhouse property consists of establishing a theater of the appropriate size and capacity to be operated by GableStage and parking to serve the theater and, to the degree possible, surrounding educational and business interests — all within the established capital budget. Objective of the Capital Plan; Re-establish Great Regional Theater and Provide Professional Theater Opportunities for FIU Students and Faculty The central purpose of FIU, Miami -Dade County and GableStage in regard to the Coconut Grove Playhouse property is to re-establish great regional theater on the site that was the hub for the community's major theatrical activity for more than 50 years.' Professional regional theaters contribute a number of essential activities for a community's cultural life: • They present the highest quality theater productions, ranging from classics to contemporary work. They serve as an incubator for new theatrical works, commissioning the best and most promising playwrights to develop and premiere their work. ® They forge partnerships with universities to develop the next generation of theater professionals, offering advanced training at the highest level to student and equity actors, designers (lighting,. stage and costume), technicians, administrators and directors. In addition, they provide university faculty with opportunities for their own professional development' through involvement with theater productions. ® They are a hub for employment in the theater community, providing the critical mass of job opportunities to keep talented theater professionals and graduating theater students in Miami and to offer internships to students. • They are the largest provider of field trip and in -school performances, introducing students to the repertoire and wonder of lure theater. They help to cultivate and support the work of other Miami theater companies, offering technical assistance, cross marketing support and joint programming opportunities. • They help define a city as a major cultural center, in the same ways that a regional ballet company, a flagship art museum and a 21st century science center do. The Building Program for a Regional Theater Facility Regional theater companies require very specific kinds of facilities in which to conduct these activities. In 2008, the board of directors of the Coconut Grove Playhouse in collaboration with the Miami -Dade County Department of Cultural Affairs commissioned one of the nation's Coconut Grove Playhouse Business Plan Page 9 of 16 foremost theater consulting firms, Fisher Dachs Associates (FDA), to do a preliminary building program for a regional theater. This theater program is Attachment B to the Business Plan. .Funding for the Capital Plan Miami -Dade has approved $20-miliion that is dedicated specifically for the capital expenses for the Coconut Grove Playhouse project, including "soft costs" and construction expenses: Miami -Dade County: Secured Capital Funds Amount Source $ 5 million Convention Development Tax bond proceeds $15 million Building Better.. Communities -General Obligation Bond program A preliminary order of magnitude" cost estimate was done by FDA that demonstrated that the building program could be accomplished within the $20 million of secured and available County funding. This calculation was based on the square footage contained in the building program and an estimated cost of $4501s.f. for construction. Miami -Dade County will confirm this capital cost estimate at the outset of the master plan and design work for the project and is committed to having a professional cost estimating firm as part of the consultant team that is selected to design this project. Cost estimates will be required - at key benchmarks in the projects development to ensure that the project can be accomplished within the established capital budget. Timetable for the Capital Plan Miami -Dade County and FLU are committed to working quickly and responsibly to accomplishing the capital plan. The preliminary timetable for this work is contingent on variables ranging from the time necessary for the variety of necessary governmental approvals (ranging from County contracts for architectural and construction services to municipal reviews for historic preservation, permitting and inspections) to unforeseen existing site conditions and weather factors. Typically, capital projects consist of the following phases (with broadly approximate time periods for each phase): • Competitive solicitation for and approval of architectural and engineering services (6 to 12 months); • Planning and design phase (18 to 24 months); • Competitive bidding for construction (6 to 12 months); and • Permitting, construction and commissioning — this depends on the what the design phase generates for the project and the response from the selected contractor for how long Coconut Grove Playhouse Business Plan Page 10of16 construction will take-; for example, work with an existing structure on the site, new construction and the integration of these elements all can impact the construction timeline (36 to 60 months). The Miami -Dade County Department of Cultural Affairs will manage the capital project, competitively selecting and contracting for services for design and construction, The Department has a strong track repord for managing successful theater design and construction projects. There are a number of standard and required safeguards that the County uses for managing capital projects to successful completion. The County requires general contractors to have a performance bond and provisions for delay damages also are contractual conditions, serving as an incentive/penalty for contractors to maintain the construction schedule. These are tested and effective mechanisms to help ensure the completion and timeliness of Miami -Dade County construction projects. in addition, Miami -Dade County is committed to working closely with FIU7 community stakeholders, and with GabieStage to ensure that the theater building is capable of successfully accommodating all of the functions of a regional theater company and the needs of F1U. Coconut Grove Playhouse Business Plan Pagel 9 of 16 . Operational Forecast / Property Management and Development FIU, Miami -Dade County and GableStage are committed to a sound and sustainable plan for developing and operating the Coconut Grove Playhouse site that does not cause any additional burden to the taxpayers of Florida. As such, the steadfast criterion for the operational forecast is that the Coconut Grove Playhouse property can be managed, programmed and maintained without additional expense to the State, FIU and Miami -Dade County. Key Premises that Support the Operational Forecast • GableStage will be responsible for all of the costs of the operations, programming and maintenance of the theater. • GableStage is a financially successful and stable not -for -profit organization and its board of directors is fully committed to meet its fundraising responsibilities for their activities in the theater. • Miami -Dade County has allocated funding to hire a management consultant to work with GableStage to develop its organizational capacity and strength_ • GableStage currently receives County funding support through Miami -Dade County Department of Cultural Affairs' competitive grants programs and it is anticipated that this support will continue, subject to annual budgets adopted by Miami -Dade County. Miami - Dade County has provided significant grant funding support to GableStage since its inception, fifteen years ago* • Parking revenues and other income that may result from compatible development on the site will be dedicated completely to GableStage to ensure the viability and success of the non- profit theater operations. • Miami -Dade County has committed operational subsidies to its other non-profit cultural partners to ensure their success in operating and programming County facilities. Although the County cannot afford to allocate tax funds to another partner, these earned revenues, to the extent that they are maximized, can help GableStage achieve the mutually desired goals of financial viability, programming excellence, educational partnerships and public service. *In FY2012-2013, Miami -Dade County allocated more than $250,000 in grant support for GableStage's operations and programming. 4(1 Coconut Grove Playhouse Business Plan Page 12 of 16 Fly' Programs at the Coconut Grove Playhouse A number of educational, cultural and community programs that will benefit FIU will be presented by the university at the Coconut Grove playhouse. FIU, through its partnership with GableStage, will establish programs to enhance the work of FIU's College of Architecture + The Arts and specifically, its Theater Department. These programs include student internships, workshops with practicing theater professionals, and opportunities for theater and arts faculty to develop professional credentials through acting, directing, etc. In addition, F!U will have the ability to use the theater and ancillary spaces to advance its educational mission and established community engagement goals in a central, prominent Coconut Grove location and further elevate the profile and reputation of the university (e.g„, theatrical and musical performances, lectures by FIU faculty and visiting scholars and presentations by FIt3's Colleges, Centers and Institutes, etc.). Through the collaborative partnership with Miami -Dade County and GableStage and the reactivation of the Playhouse, expanded academic and research opportunities will be available to FIU students and faculty that would not otherwise be possible. To the extent necessary, FIU, Miami -Dade County and GableStage are committed to working together to help identify and secure any additional funding required, such as from grants and sponsorships, for FIU to expand their programs at the Coconut Grove Playhouse_ The Financial Viability of Regional Theater and This Business Model Miami -Dade County has a number of operating agreements with non-profit arts groups to manage property for the County; these relationships have had a track record of success for decades (see Attachment E). The County requires these non-profit organizations to go through an annual budget review process (identical to the process that a County department is subject to) and to submit annual reports (which include a. financial audit), all with the objective of demonstrating that the public is being served programmatically and that the non-profit organizations are maintaining a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Department of Cultural Affairs has the lead responsibility for this oversight and the County's Office of the Mayor and Office of Management and Budget are directly involved as well. Miami -Dade County's relationships with these nonprofit organizations go far beyond what the term "monitor' usually means — the County is a de facto partner and helps with resolving issues in real time. As a result of these oversight practices, Miami -Dade County has a solid Coconut Grove Playhouse Business Plan Page 13 of .16 track record for 'scaly operational and programmatic success with the non-profit organizations that are managing properties on its behalf It is important to emphasize that this Business Plan represents a very different operating model from the previous Playhouse approach where the non-profit operated as an independent entity. GableStage will manage the theater under an operating agreement with Miami -Dade County and as such, will become part of the checks and balances already have established by Miami -Dade County to ensure responsible management. In addition, FIU will establish educational and programmatic partnerships with. GableStage that will further strengthen this theater company. FIU has a distinguished history of collaborating with community non-profit organizations and using its expertise in business management, marketing, community engagement, leadership training and research to help build the financial and operational capacity of its partners. Preliminary Operational Forecast for Regional Theater As noted in the section above, Miami -Dade County has allocated funding to hire a management consultant to work with GableStage to develop its organizational capacity and strength. in the interest of demonstrating the financial feasibility of GableStage's management of the theater component, a preliminary operational forecast for a regional theater has been included in this Business Plan. Regional Theater Preliminary Operational Forecast Expense Category. Fula Year Amount Administration $ 754,000.00 Theater staff (including benefits & taxes) $ 764,000.00 Administrative Expenses $ 84,500.00 Travel, Meetings, Mileage $ 25,000.00 Membership & Dues $ 6,500.00 Licenses/Fees/Permits . $ 4,000,00 Office Equipment — Purchase $ 23,000.00 , Misc. Program Supplies $ 10,000,00 Equipment Repair/Maintenance/Support $ 6,000.00 Professional Development/Recruitment $ 10,000,00 Programming $ 930,000.00 Artistic Personnel $ 750,000,00 Equipment Rental $ 25,000.00 Repair & Maintenance $ 30,000.00 Production Supplies $ 100,000.00 Coconut Grove Playhouse Business Plan Page 14 of 16 Small Equipment $ 15,000.00 Usher Program Expense $ 10,000.00 Box Office $ 60,000.00 Computer Systems & Support (ticket printers, PC, safe) $ 30,000.00 Credit Card Fees $ 30,00100 Institutional Marketing $ 174,000.00 Brochures, Publications, Website $ 50,000.00 Advertising $ 70, 000.00 Photography & Recordings $ 14,000.00 Public Relations/Special Events $ 40,000.00 Sates Expenses $ 25,000.00 Concessions - $ 25,000.00 Operating Expenses $ 330,000.00 $ 200,000,00 Utilities Insurance $ 80,000.00 Maintenance, security, elevators ground keeping $ 50,000.00 Contingency $ 250,000.00 Total Expenses $ 2,607,600.00 Revenue Category . Full Year Amount Admissions $ 650,000.00 Subscriptions $ 325,000.00 Contracted Services $ 150,000.00 Corporate Support $ 1.50,000.00 Foundation Support $ 300,000.00 Private/Individual Support $ 400,000.00 Miami-0ade County Grant $ 250,000,00 Other Government Grants $ 100,000.00 Special Events $ 150,000.00 Other Revenue $ 132,500.00 Total Revenue $ 2,607,500.00 Et should be noted that this preliminary budget relies on a conservative estimate of revenue that would be generated by parking on the site which is included in the "Other Revenue" line item. The amount of revenue from parking and other income that may resultfrom compatible development on the site will affect the extent of programming that GableStage will be able to present. It is important to emphasize that this is a preliminary "order of magnitudes estimate for the operating budget for the regional theater. A full operating pro forma will be developed by Coconut Grove Playhouse Business Plan Page 15 of 16 GableStage with the assistance of a management consulting firm and in cooperation with the Miami -bade Department of Cultural Affairs. This pro forma will continue to be updated throughout the planning, design and construction of the theater, initially as a 5-year operating forecast and subsequently as a detailed operating budget for the first year of operations of the theater. Operation of Parking, Site Maintenance and Compatible Development Miami -Dade County and FIU through the development and management agreement, would determine the best approach to manage the parking, perform maintenance of the site and pursue options for additional, compatible development on the property_. The options for parking operations and site maintenance include: Operating the parking and performing the maintenance itself (e.g., Miami -Dade County currently operates a number of parking sites and maintains County property); • Including parking operations and site maintenance in the operating agreement as a responsibility of GableStage; • Contracting with the Miami Parking Authority given their experience with the site and their other Coconut Grove parking operations; or @ Competitively selecting a parking operator and/or a maintenance provider. This decision would depend on the approach that generates the most revenue both for the upkeep of the site (e.g., landscaping and groundskeeping, fence repairs, lighting, etc.) and for operational and programming funding support for GableStage, subject to availability of parking and other income that may result from compatible development on the site revenues. It is known that prior to 2006, the Miami Offstreet Parking Authority managed the site's parking and was able to pay the Coconut Grove Playhouse $15,000 per month after expenses. When the site master plan is completed and the amount of parking is determined, an updated forecast of parking expenses and revenues will be calculated. This will take into account the need to ensure adequate and affordable parking on the Coconut Grove Playhouse site for GableStage personnel and for audiences attending activities presented by GableStage. Miami -Dade 'County and FLU may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure the viability and, success of GableStage's and FlUis cultural and educational programs. This development may address the need for additional parking and complementary site amenities (e.g., retail, restaurants, etc.). The following process would be used to ensure consensus and requisite approvals regarding the scope and character of these elements: Coconut Grove Playhouse Business Plan Page 16of16 A masterplan for the Playhouse property would be developed that addressed both the theater and surface parking as well as the potential of future compatible development; • A public process would be used to assess community needs and benefits; a Proposed development is subject to required municipal reviews, including the City of Miami Historic and Environmental Preservation Board, to ensure that the scale, features and ambiance are consistent with the nature of this site and neighborhood; S The business model associated with engaging such development would be driven by the need to generate sufficient revenue necessary for the viability and success of GableStag&s and FIU's cultural and educational programs and sufficient to cover any site -related expenses for which Miami -Dade County, FIU and/or GableStage may be responsible; and A In the case that there may be revenue in excess of that necessary to accomplish the development and address these public purposes, the State would receive an equitable share of the available proceeds. It is important that the need for this additional, compatible development is understood. The steps outlined above would serve as the process for pursuing this option. All parties - the State, FIU and Miami -Dade County - would stay in close communication regarding the evolution of any specific project. In addition, key stakeholders, including GableStage and the City of Miami, would be integrally involved. It is understood that the more detailed development plans that may be developed through this process would be subject to the review and approval by the State pursuant to the terms of the lease. Attachment A — Florida International University College of Architecture ÷ The Arts (CARTA) — Vision and Mission Florida International University College of Architecture + The Arts (CARTA) Vision and Mission Vision To inspire creative energy by engaging the South Florida community in the process of creating, producing, presenting, promoting, appreciating, and exploring the visual and performing arts Mission Public Engagement Meetings, conferences, lectures, and symposia Public Performances Plays, concerts, and operas by FIU undergraduate and graduate students as well as visiting artists in theatre, music, and dance. Potential emphasis on children's theatre, Shakespeare, Spanish language theatre, Creole language theatre, new playwrights, etc. Public Visual Art Exhibitions Visual art exhibitions by FIU undergraduate and graduate students Visual art exhibitions by Coconut Grove Arts Festival Graduate Visual Art and Theatre Design Studios FIU graduate art students' and FIU graduate theatre design students' work in studios Post -Graduate Theatre Companv Postgraduate students from around world will form artists -in -residence theatre company Post -Graduate Dance Companv Post -graduate students from around world will form artists -in -residence dance company Master Classes Master classes by visiting guest artists provide educational outreach to FIU students, Miami Dade County Public School students, students at private institutions, and the South Florida community Service Courses Non-credit courses in theatre appreciation, history of film, acting, playwriting, painting, drawing, photography, jewelry, digital art, vocal performance, music lessons, music appreciation, etc... Attachment A — Florida International University College of Architecture + The Arts (CARTA) — Vision and Mission Classical Radio Station House a classical radio station (Existing station can relocate or start a new station) Live Work Space Affordable on -site housing for visiting professors, professionals, designers, artists, performers, lecturers, students, and scholars. 51 Attachment B - Building Program for 300 seat professional theater oconut rove layhouse - -seat • rofe sional theatre Miami, FL v1.O DRAFT Fisher Dachs Associates Theatre Planning & Design April 10, 2008 -template t2.0 Cover i Fisher Dacha Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Summary of Net Square Footage Allocations Progrerm Element Programmed Areas Attachment B - Budding Program for 300-seat professional theater Totelnsf %Nsf vf.0 4110/2008 WC's U1nais Sinks Showers A Large Hall C Public Spaces D Administration & Building Services E Production Support Total Net Square Felt Estimated Non -Programmed Areas 300 Seats 11,590 50% 13 4,495 2D% 2,075 B%a 3 1 p 4 605 20% 3003sats 22,585 100% 0 0' 3 0 29 4 55 100% G Net Area 22,656 100% 63% H Walls & Structure 2,812 12% 8 % I SOH Circulation 6,512 24% 15% J Meohshical & Electrical 3,299 15% 9% K lnnaccessibleAreas 1,523 7% 4% Estimated To a t35F 35, 1 a 58 a Breakdown By Component A Large Hall 100 Performance Spaces 200 Backstage and Support Spaces Sub Total C Public Spaces 9 Toietnsf % Nsf WC's Urfars Sias Showers 7,065 82% 4,335 38% 11,390 100% 13 2 24 9 700 Front -of -House and Public Spaces Bub Total 4,435 100% 13 1 'l9 0 D Administration & Building Services 800 Administration 1,700 82% 900 Building Services Sub Total 375 18% 2,075 100° 3 1 9 0 S Production Support 1000 Rehearsal Spaoea 1,520 38 % 1100 Costume Shop 1115 Prop Shop T300 Scenery She Sub Total. 1,'f55 25% 1,850 36% ,805 1001 0 3 0 Summary-1 LiI, rL1 Fisher Dachs Associates Theatre panning & Design Coconut Grove Playhouse 300-seat professional theatre Miami, I~i. Building Program Large Hall Summary of Net Square Footage Allocations Category 100 Performance Spaces 200 Backstage and Support Spaces Total Net Square Feet Detailed Space List Performance Spaces 101 Audit um 102 8tagehouse Mafn Stage (90' grid 103 Stage Apron 300 Seats Attachment B - Building Program for 300-seat professional theater Width Depth Height TotalNsf 7,055. 62% 4.335 38% 11,390 10D% Nsf Comments 9.6 sf/seat 2,00 2,800 80w 35d 60h 2,800 nsf 35' max prose 35w 3d 105 v1.0 411012008 104 Orohestra Pit Overhung Area Lift 23 musicians 420 35w 5d 35w 7d 175 nsf 245 nsf 105 Trap Room L J i 106 Orch Pit Wagon Storage 107 Counterweight Pit 108 Dimmer Room 100 Amplifier Rack Room 20w 16d Ow 0d 320 Btd''ns about 6' upstage due to Bit depth 0 0 100 80 110 Li htin Control Booth 111 Sound Mix Location at Rear of Main Level 200 112 House Sound Cojtrol Wagon Storage Room at Rear of Main Level 113 VIP's 1 Director's Booth / Audio Description Room 114 Crying Room / Photographers Booth 115 Projection Booth 116 Forlowspot Booth Sub-Totat 0 0 0 0 0 odne 150 up to two operators 7,055 62% A - Large Hair -1 1:3n Fisher Dachs Associates Theatre Planning & Design Coconut Grave Playhouse - 300-seat professional theatre Miami, PL Building Program Backstage and Support Spaces PerformerAccommodations Attachment B - Building Program for 300-seat professional theater v1.0 4/10/2006 201 Dressing Roorns .03 (2) Star Dressing Room (t&s) 2 occ. 16w led .05 (1) Fouryerson Principal Dressing Rm (t&s) 4 coo, 11w 23d .07 (2) Eight -person Principal Dressing Rm (t&s) 16 occ, 18w 28d .08 (0) 10-person Chorus Dressing Rm (f&.) 0 occ. law 30d Total accommodations 22 oca. 202 Off-stage Left and Right toilets (2 Unisex @ SO) nsf 580 nsf 250 nsf f,000 nsf 0 nsf 1,830 120 In halfway adjacent to 203 Performer's Lonrho 20.4 Vending Machine/Pay Phones/Coffee Aicove(s) 205 Call Board 206 Pft Musician's Assembl Area 23 musicians 207 Pit Musicians' / General Use Restrooms o Mrs 0 WO's forwomen 0 Extra; 0 urinals, 0 wc's for men 300 In gross in gross staq'ehouse 0 0 nsf 0 nsf 0 208 aokstage elevator (5 x 8 cab, 2 stops) Performer Support/ Work Areas 209 Wardrobe Maintenance Room 210 Wigs & Make-up Running Room 211 Laundry 212 Backstage Catering Pantry 213 Multi-Purp9%e / Rehearsal Room Staff Accommodations 214 House TD-SM Office 215 House Asst Prod Mgr Office 140 0 0 100 Space for2 house washer end dryers; foki(ner O cast & Crew meals, star hospitality 0w od Oh 0 100 100 216 Visiting Company Mgmnt Office 0 217 Visiting Stags Mpmnt & Design Office 0 218 Crew Lounge, ktette, m&I° kickers, m&f toilets, showers 250 19 Wardrobe Crew Lounge 0 A- Large Hall -2 224 Tool Room, Repair Shots 225 Road Box Storage 226 Paint / Pyro Lockup 11! j 'L Fisher Dacha Associates Theatre Planning & Design Coconut Grove Playhouse 300-seat professional theatre Miami, FL Building Program Receiving & Storage 220 Stage Door Lobby Attachment B - Building Program for 300-seat professional theater v1.0 4(10/2008 100 also series offices, other theater 221 Stage Door Security Desk l Sec'ty Equipment 100 also serves offices, other theater 222 Stage loading dock for up to (2) - 53' trailers on 20' road tractors and one dumpster 223 Stage receiving & assembly (20` high) 20w 15d 20h 300 100 227 Lighting Storage, repair, gel, templates 228 AN Shop & Storage 229 Piano Storage exterior 0 35 150 100 110 two uprights, climate controlled 230 Run Crew Su lies toe loves flashll hts radios etc 231 General Storage (Risers, Soft foods in Hampers, Ladders, Air-lifts, etc.) 260 232 Dance Surface Storage 0 233 instrument Storage 0 drum kit eto, 234 Stand and Chair Storage (for oft) 160 235 Frleght Elevator (0 stops, 8 x 12 cab) Sub Total 0 4,335 38% Total Net Square Footage 11,390 100% A- Large Hall - 3 YEA Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse 300-seat professional theatre Miami, FL Building Program Public Spaces Summary of Net Square Footage Allocations Category Attachment B - Building Program for 300-seat professional theater Total Nsf v1,0 4/10/2008 700 Pro t of House and Public Spaces Total iiet Square Feet Detailed Space List ront-of. °use and Public Spaces 701 Box Office Sales Area Sales Windows, 2 r@ 50sf Coffee area, unisex restroom (1) Managers' Office Staff Work Area kr2 Computer Room /Copy Room Supplies, records storage 702 Box Office Foyer Area 703 Large Hall Public Ciroulation c�r7 7.0 nsf per seat Lobby Areas Total @ 3,0 nsf per seat Public Circulation nsf perseat 704 Large Hall Public Restrooms 1 fxtr/ 25 seats 2 Individual unisex h'cap assist restroom(s) 7 wc's for women 3 tars; 2 unhals, 1 we's fornren Width De t#r Height 4,495 100% 4,495 100% 100 nsf 0 nsf 100 nsf Unsf 0 nsf 0 nsf 900 nsf 1,200 nsf 200 200 2,100 Comments with vault 12fxtrs 120 nsf 350 nsf 140.nsf 610 705 Patron Services Desk (binoculars, hearing systems disabled assistance, info) 706 F.Q.H. Equipment Storage (rain runners, etc.) 707 Program Storage 708 House Manager and Fisher Coardinato4 Office 709 Volunteer Ushers (10g locker and break room 710 Public Elevators (2 - 5 x 7 cabs. 2 stops) D - Public Spaces -1 inol in lobby allow, 50 30 150 0 stnafl half -lockers 255 TBD based on design Lr-U Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 3OO seat professional theatre Miami, FL Building Program Donor Accommodations & pec!eIEvents 711 Patron's Lounge 1 Event Room BarArea Lounge Area for 15 sealed Patrons (for dinner) Furniture storage Pestrooms; 1 Individual unisex h'cap assist restroom(s) Support 2/3 Pantry , 13 Storage Concessions& Safes 30 standing 0 fxtrs Attachment B - Building Program for300-seat professional theater 0 nsf 315 nsf 125 nsf 60 nsf 0 nsf v1,0 411012008 500 discuss this pantry serves all events in public spaces - confirm size with local caterer 712 Service Bars (5 lin ft for each 200 patrons) Fixed locations 2 locations 2 locations 10 linear it 100 allocate proportionally 713 Bar & Concession Storage & Prep Rm(s) 100 refine With food svo consultant, • distribute as needed 714 Concession Managers Office 715 Bartenders (0) locker room 710 Sales Kiosk Stasirtci / Storage 100 0 100 D - Public Spaces - 2 13,n,Fisher Dacha Associates Theatre Planning & Resign Coconut Grove Playhouse w 300-seat professional theatre Miami, FL Building Program Exterior Requirements & Sitework 717 Connections to Parking Garage 718 Drop-off & valet pl19 plaza/Porte Cochere 719 Bus & School Bus Parking & Cueing 720 Signage & poster cases 721 Streetscape features 722 Truck & van Parking a Stage Door, Loading Docks, Food Service Door Trash area 723 Video/Audio remote truck parking[ (3 semi's) Attachment B - Building Program for 300-seat professicnai theater exterior exterior exterior exterior exterior exterior exterior - 724 Dumpster padslrecylinp bins exterior Sub Total exterior • v1.o 4/10/2008 otl-Net Square Footage 4,495 100% D - Public paces- 3 PBAnk Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse W 300-seat Professional theatre Miami, FL Building Program Administration & Bullring Services Summary of Net Square Footage Allocations Category Total Ns! Attachment B - Building Program for 300-seat professional theater v'l.0 4710/2008 800 Administration 900 Building Services 1,700 82% 375 18% Total Net Square Feet 2,075 100% Detailed Space List Administration Comments 801 Admin Offices (staff of 8 FTE) 750 802 Secr J Reception 803 Kitchenette t no & waiting 200 804 Small Conference Room 805 Large Conference Roon't 806 AN Archive Library 807 PR / Advertising' Storage 808 Work Room 0 225 0 0 80 0 809 Copy & Supply 810 File Room 1 Storage 811 Dead Storage 50 150 0 812 Computer Room 813 Rest Rooms 80 150 814 Janitors' Closet 15 Sub Total Building Services deleted 1,700 82% 901 Building Engineering Office 90 902 Maintenance and Operations Office 903 Janitorial supplies storage 904 Janitorial crew lockers 905 Janitors` Closets @ 16 nsf Large Hall 80H Studio Mir BOH Public Areas Admit] 2 30 nsf 0 0 nsf 1 15 nsf 1 l5nsf 0 100 125 60 Sub Total 375 8% Total Net Square Footage 2,075 100% E - Admin & Svcs -1 Fisher baths Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Production Support Summary of Net Square Footage Allocations Category Attachment B - Building Program for 300-seat professional theater Total Nsf v1.0 4/10/2008 1000 Rehearsal Spaces 1100 Costume Shop 1115 Prop Shop 1300 Scene Sho. Total Net Square Feet Detailed Space List Rehearsal Spaces 1001 Rehearsal Hall A 1002 Stage Mgrnnt Office for A 1003 Rehearsal Storage for A 1004 Janitors' Closet Sub Total Costume Shop 1101 Costume Directors Office 1102 Costume Workroom Manager's Office 1103 Costume Design Office Width Depth Height 90w 36d 20h Width Depth Height 1,520 33% 1,135 25% 300 7% 1 650 - _ 36% 4,605 100% Comments 1,400 discuss sizes 0 100 20 1,520 100% 120 secure 0 secure, w/ window Into workroom 0 secure 1104 Show Set-up Room 1105 Costume Workroom 1106 Forms Storage 1107 Fabric Storage 1105 Dye Shop 1109 Crafts Room 0 90 LF pipe rack, box storage 600 Windows, power supply, Ventilation 0 0 100 QUtslde exhaust, power supply, water, spray booth, adjacent to Workroom 0 Outslde exhaust, power supply, Water, share dye spray booth 1110 Spray Booth 0 Outside exhaust power supply, Water, share dye spray booth 1111 Fitting Rooms 0 10x 11.5 foot 'office", mlrrars, 10' tall forheaddear 1112 Wig Shop 1113 Understudy & Active Storage 1114 Janitors' Closet 0 0 15 1115 Costume Storage Sub Total 300 1,135 100% F - Production Support- i IlirDn Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Prop Shop 1116 Hand Prop Storage 1117 Secure Prop Storage Attachment P3 - Building Program for 300-seat professional theater Width Depth Height 200 secure 100 secure Sub Total 300 100% Scotism Shop Width Depth Height 1301 TU ()Moe 1302 Welding AT9e 1303 Wood Construction Area 1304 Paint Area 20h 150 0 1,500 secure v1.0 4110,2008 4. Sub Total 1,650 100% Total Net Square Footage 4,605 100% F - Production Support- 2 Attachment C — GabieStage: background information fiABLESTAGE and t lissior Our mission is to provide South Florida with classical, contemporary, and original theatrical productions of artistic excellence. We fully embrace the challenges of working in this multi -cultural community, and continually seek to create innovative productions that entertain as well as provoke_ For fifteen seasons, GableStage has been at the cutting edge of theatre in South Florida, striving to present the most vital works of contemporary playwrights worldwide. In addition to our main -stage productions, we present a robust series of Educational Programs to thousands of Miami. -Dade County Public Schools every year, with both in-house and school tour productions. We also mount several free productions at off -site venues every year to provide theatre to underserved communities throughout Miami Dade County. Founded in 1979 as Florida Shakespeare Theatre, GableStage originally performed the plays of Shakespeare in repertory, using the outdoor Casino Gardens at Vizcaya.. From 1987 to 1992, Florida Shakespeare Theatre was housed in the Minorca Playhouse in Coral Gables, until it was destroyed by Hurricane Andrew. But the theatre continued to produce at the Carousel Theatre in Coral Gables in 1993 and 1994. In 1999, the theatre moved to its current home, the historic Bilttnore Hotel, and became GableStage. `�soN L P o) RA{ 'MINE GableStage provides opportunities that address the critical needs of an arts integrated curriculum in the classroom. In a quantitative study, the College Entrance Examination Board found that from 2001 to 2005, students who were involved or exposed to theatrical and artistic experiences scored an average of 50% higher on the verbal and mathematics sections of the SAT (AATE, 2012). There is a great need for educational opportunities that foster an environment conducive to leaning through the performing arts, and GableStage works strategically to implement such programs. Our special morning performances are provided free of charge exclusively to underserved Miami - Dade County Public High School Students. We coordinate with. the Miami -Dade County Public Schools Division of Life Skills to grange student attendance at these performances. The approximate demographic breakdown of the students we serve is as follows: 40% Hispanic, 30% African - American, 25% White, and 5% Asian/Indian/Other. We serve male and female students with or without disabilities, between the ages of 13 and 20. Attachment C GableStage: background information rketrng: Strate tt GableStage pursues a multi -pronged marketing strategy, combining blanket advertising and coverage in local media -television, print and radio --with a well -developed and constantly stowing contact list consisting of thousands of email and physical addresses. We were also among the first theatres in South Florida to begin to use social media, and continue to seek the most innovative ways to interact with our audiences. Newspaper advertisements are routinely placed in the major South Florida newspapers: TIE MIAMI HERALD, THE SUN SENTINEL, THE PALM BEACH POST and TIE MIAMI NEW TIMES. We have also utilized online advertisements in the internet editions of all of these outlets. As appropriate to the season/current production, advertisements are also placed in the SUNPOST, ENV MAGAZINE, CORAL GABLES GAZETTE, and EL NUEVO HERALD. Regular advertiseznx eats are also placed in South Florida magazines, such as AROUNDTOWN and the JEWIISH JOURNAL. With regard to radio and television, the quality of the material presented at GableStage has been successful in attracting media coverage from .Metro -Dada Television and WLRN Public Television. Most recently, we have participated in interviews on Channel 33 in South Florida and on HOT 105.1, one of South Florida's most popular minority radio stations. Public service announcements are provided by radio stations including a major sponsor, WLRN and by CLASSICAL SOUTH FLORIDA. GableStage subscriber mailing lists are consistently increasing. These lists are used for email and hard copy bulk mailings_ We send out direct mailings in South Florida of 17,000 postcards and 1,200 invitations per production. At the beginning of each season over 22,000 Season brochures are mailed to our local, regional and national subscribers. Our emailcontact list is over 10,000 strong, and we regularly add now contacts through our website, which also offers visitors the opportunity to become Season ticket holders. OLA GableStage has mounted a six -play season every year since our move to our current location in 1999, and consistently received excellent reviews, as well as winning the Carbonell Award for Best Play and Best Director seven times, and Best Musical Carbonell Award twice. Overall, we have received 187 Carbonell nominations and won 50. Our touring productions of classic plays have served over 1 million Miami -Dade County Public School students since our founding as Florida Shakespeare Theatre in 1979. q Attachment C— GableStage: background information 1P-3 Attachment D - Coconut Grove Playhouse Questions and Answers FlU / Coconut Grove Playhouse Questions and Answers Question 1: Will the proposed operating agreements with GableStage and other operators for parking, groundskeeping, etc., require any real interest in property? If so, Chapter 18- 2, F.A.C., requires competitive bidding and payment of market rent. o The Business Plan proposes that these agreements be in the form of operating agreements and this takes into account the fact that the partners already are identified and that these relationships involve highly specialized functions. Miami -Dade County has informed us that they have operating agreements with a number of non-profit cultural organizations to manage and program property that the County owns and/or has developed and that while these agreements must be approved by their County Commission, they do not go through a competitive process given the specialized nature of the arrangements. Naturally, we will review all of this with our respective attorneys to be sure that we are following the correct process and/or pursuing allowable exceptions. It is essential for the success of the Business Plan that the relationships described in the Governance and Organizational Structure section can be achieved. Question 2: Page 12 references an estimated 8132,500 in 'other revenue' of which parking fees are included. This is about 5% of the overall revenue; however, the Plan further states that the amount of parking revenue available will affect the extent of programming that GabieStage will be able to present. Will the extent of programming depend on parking fees? The explanation in the Business Plan for this statement is on page 10 and is the bullet point that states: "Any parking revenue available after the County's site expenses are covered is committed to helping support GableStage. Miami -Dade County has committed operational subsidies to its other non-profit cultural partners to ensure their success in operating and programming County facilities, Although the County cannot afford to allocate tax funds to another partner, these parking revenues, to the extent that they are available, can help GableStage achieve the mutually desired goals of financial viability, programming excellence, educational partnerships and public service." This amount of money would constitute a single, major contribution to any non-profit cultural organization and as such help significantly with meeting their revenue goals. The County also points out that as projected, the amount of these parking revenues is lower than most of the subsidies it provides to its non-profit cultural partners;. the parking revenues are projected conservatively and would help even more if the amount of the actual revenues is greater. Question 3. Is a copy of the agreement with GableStage available for review? a There is no contract yet The agreements between GableStage and the County and FIU will be drafted once there is a reasonable assurance that the Business Plan will move ahead and there will be a building that the County will have GabieStage manage and program. GableStage has reviewed the draft Business Plan and is in agreement with 1 Attachment D - Coconut Grove Playhouse Questions and Answers the business points that it contains and that will serve as a basis for the agreements (please see pages 5-7 of the Business Plan). FM will be involved in reviewing the agreement between the County and Gable,Stage in order to ensure that those elements affecting programmatic partnerships between FIU and GableStage are accurately incorporated. Please note that ultimately, the County Commission must approve their operating agreement. Question 4. GableStage currently has a 6-play season at their current location. How many productions per year are anticipated? • GableStage will continue to produce a 6-play annual season. Activities presented by FLU and joint FIU-GableStage presented events will be coordinated with the schedule for GableStage's season. It is important to note that this season_(with its rehearsals, previews and outreach elements) will be complemented by other important activities presented by GableStage including play readings, educational performances for students,. productions by other small theater companies designed to mentor their work, etc. GableStage produces this array of activities year-round and will continue to do so at the Playhouse. Question 5. Will any FITT production have to involve GableStage or cat) they be separate productions? • The relationship between FIU and GableStage will include both separately -produced FIU activities and collaborations between Fit.; and GableStage. it is anticipated that given the exciting benefits of the synergy between Fl U and GableStage, there will be more of the latter. Question 6. Will FITi' students play an educational role in any production at the Playhouse? • FIU envisions a strong educational roleforstudents and faculty, including but not limited to performance, directing, set -design, fighting, costuming, stage management, arts management, and/or marketing/public relations_ It is anticipated that students could understudy and/or intern with GableStage gaining the experience of working in a professional regional theater company. The Business Plan explicitly emphasizes this meaningful role on page 3 - "FIU will have a partnership with Miami -Dade County and GableStage, one of the region's preeminent non-profit theater companies and the designated operator of the regional theater facility, and can establish programs to enhance the work of FiU's College of Architecture 4- The Arts (CARTA) and specifically, its Theater Depaiinitent, for teaching and learning, research, and performance activities (e.g., student internships; workshops with practicing theater professionals; university —sponsored performances; opportunities for theater and arts faculty to develop professional credentials through acting, directing, set and costume design, production and technical aspects of lighting and sound, etc. - and 2 Attachment D - Coconut Grove Playhouse Questions and Answers on page 6 -"Pill will have certain defined benefits with GableStage that take into account the g©als of the Business Plan for FlU's students, faculty and the community. These benefits will be agreed upon in writing between FIU and GableStage before the County's execution of an operating agreement with GableStage, which agreement shall reference and/or incorporate the benefits. While not exhaustive in scope, anticipated benefits may include joint marketing, signage and promotion; GableStage and FIU faculty and staff affiliations, workshops and master classes; use of the facilities; and other benefits necessary to advance FIU, Miami -Dade County, and the Coconut Grove Playhouse_" Question 7, Will there be any classroom work on -site? e FIU will develop credit and non-credit programs for the site focusing on theatre, dance, musical theatre and music, As mentioned in the Business Plan, there are models nationally that successfully link coursework of universities with the activities of a professional regional theater, Question 8.- Non-credit courses are visualized, hut will credit courses also be offered? • FIU cart offer a wide range of credit courses from non -major introductory courses in theatre appreciation, modern dance, introduction to acting, etc. to coursework within the majors, including undergraduate theatre, undergraduate and graduate music and masterclasses with the theater professionals working at GableStage. Question 9. "Live Work Space" isvisualized, but no such area is shown on the Fisher Dachs Associates building program (Attachment B to the Business Plan). o The Fisher Dachs Associates building program is a preliminary one done to demonstrate the basic elements of a professional regional theater. The actual design work for the project would begin anew with a programming phase that would include the essential elements for a regional theater (front -of -house, audience chamber, stage, back -of - house) and other ancillary components such as parking, etc. It is anticipated that the possibility of artists' live work space would be explored and there have been preliminary suggestions that space for this function as well as for offices and classrooms might be redeveloped in the existing Playhouse structure that fronts Charles and Main streets (these spaces had been used for these purposes in the past). These design opportunities will be explored thoroughly once an architectural team is chosen competitively and they will be prioritized and measured against the available budget, This is envisioned as a collaborative process among FIU, Miami -Dade Count and GableStage. Question 10. While the plan anticipates many activities that could occur at the Playhouse, definite activities at present are the plays by GableStage and symposiums by a keynote speaker for the student body. Can you provide more specifics regarding educational a Attachment D _ Coconut Grove Playhouse Questions and Answers opportunities planned for the Playhouse because education is a key component of the lease? • The answers to some of the questions above should provide you with a better feel for just how intensive and educationally integrated the activities at the Playhouse will be. In addition to the ongoing coursework, internships and other uses by FIU students and faculty described in these earlier answers, F1U's Department of Theatre independently will produce one major production (2-week run) each year and the School of Music will present one .performance at the Playhouse per semester. The concept is that Student classes and internships will be the ongoing educational function on the Playhouse campus and these performances will be the higher visibility events spotlighting FIU's programs for the public Question II. Is the role of the Playhouse to be a source of revenue for the university, or will. the Playhouse focus as an educational facility where students participate in activities to earn college credits, with theatrical productions by GableStage as a secondary activity? • It is important to emphasize that a professional regional theater company (Le., GableStage) intensively utilizes a theater for productions, rehearsals, educational programming, etc., thereby providing FIU with unique educational opportunities. The partnership between FIU and GableStage Is the integrated model described in the earlier answers where students and faculty take advantage of these unique opportunities for learning and professional experience that are offered by affiliation with a regional theater. While the emphasis is on these extraordinary educational benefits, FIU also will pursue the real -world revenue generating opportunities that are inherent in a high profile partnership like this one (and this, in and of itself, can be of educational benefit, teaching students the business aspects of theater and music). Additional key points provided by FIU • FJU's proposal is designed to create a $20 million state-of-the-art theater facility on property to, be owned by FIU, through a State lease and at no cost to FIU. FIU and its partners, Miami -Dade County and GableStage, have well -documented and long histories in the following areas: - AU has a strong commitment to the arts through its academic programs and through its activities occurring at the Frost Art Museum, the Wertheim Center for the Performing Arts and at off -campus venues throughout the County. The County has extensive experience in the design, construction and management of Marge -scale performing arts facilities and in working with non-profit arts organizations to assure programmatic and financial success. GableStage has a twenty year history as the preeminent theater in Miami -Dade County, has successfully maintained relationships with local schools and colleges and already provides educational programming for more than 10,000 students annually, and each year, presents a program of the highest quality theater performances for the community_ 4 Attachment D - Coconut Grove Playhouse Questions and Answers • GabieStage's theater season is original and unique each year, GabieStage already utilizes local students -and professionals in its productions together with playwrights, directors and actors with international recognition. With the proposed relationship, FEU, Miami -Dade County and GabieStage will work together to create the maximum benefits for the university and for the community at large. • Ali three partners are convinced that the creative and collaborative process we have embarked upon is such that the opportunities for educational activities and collaborations are unlimited. To the extent that more structured specifics are not in place is to be expected at this very early stage in the process. However, FIU is equally convinced that as it develops more definition, the collaborative opportunities will grow and evolve in number and in depth. At Its core, the Business Plan represents far more than a commitment to a certain number of student opportunities or a certain number of days of a particular activity annually, FIU, GabieStage and the County are malting a commitment to a collaborative process designed to create opportunities for the FIU theater, music and arts programs in every aspect of the use and operation of a magnificent theater that is being constructed with County funds and operated by GabieStage and its commitment to meeting operational costs. s Attachment E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations Miami -Dade County has a number of operating agreements with nonprofit arts groups to manage property for County; these relationships have had a track record of success for decades. The County requires these non-profit organizations to go through an annual budget review process (identical to the process that a County department is subject to) and to submit annual reports (which include a financial audit), all with the objective of demonstrating that the public is being served programmatically and that the non-profit organizations are maintaining a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Depat lrrient of Cultural Affairs has the lead responsibility for this oversight and the County's Office of the Mayor and Office of Management and Budget are directly involved as well. Miami -Dade County's relationships with these nonprofit organizations go far beyond what the term "monitor" usually means — the County is a de facto partner and helps with resolving issues in real time. As a result of these oversight practices, Miami -Dade County has a solid track record for fiscal, operational and programmatic success with the non-profit organizations that are managing properties en its behalf. It should be noted that new buildings currently are under construotion for the Miami Art Museum and Miami Science Museum in downtown Miami's Museum Park. The operating agreements with the museums for their new sites provide for a fifty year term, with two renewable twenty -ire year periods. Below is a list of examples of these current Miami -Dade County partnerships with major cultural institutions. HistoryMiami Duration of Operating Agreement (to date): 41 years FY 2012-2013 Operating Budget: $3.06 million - - FY2012-2013 County Grant Support- $1.46 million Description of Non-profit Organization: HistoryMiami, formerly known as the Historical Association of Southern Florida, is the premier cultural institution committed fo gathering, organizing, preserving and celebrating Miami's history as the unique crossroads of the Americas. The museum accomplishes this through exhibitions, city tours, education, research, collections and publications. HistoryMiami is located in the downtown Miami Cultural Center and is preparing for a major expansion into the adjoining building that formerly housed the Miami Art M useum. Attachment E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations Miami Art Museum Duration of Operating Agreement (to date): 26 years FY 2012-2013 Operating Budget: $11.72 million FY 2012-2013 County Grant Support $1.53 million Description of Non-profit Organization: The Miami Art Museum is dedicated to collecting and exhibiting international art of the 20th and 21st centuries with a special emphasis on art of the Americas. The museum's collection has grown steadily and now comprises more than 1,300 works across a range of media. A new Herzog & de Meuron-designed building for the museum is under 'construction in downtown Miami's Museum Park. The Perez Ark Museum Miami (PAMM) will open to the public in December 2013. The new Perez Art Museum Miami will strengthen the museum's role as a vital cultural and educational center and provide generous spaces to showcase the museum's art holdings and attract more top caliber exhibitions. Miami Science Museum Duration of Operating Agreement (to date): 53 years FY 2012-2013 Operating Budget:: $6.66 million FY2012-2013 County Grant Support: $1.00 million Description of Non-profit Organization: The Miami Science Museum inspires people of all ages and cultures to enjoy science and technology. During the last decade, the museum has grown to 4,000 Member families, over 250,000 annual visitors, one of the largest summer science camps in the nation (ages 3 to 14) and countless additional exhibits, collections and activities. A state- of-the-art new Patricia and Phillip Frost Museum of Science is now under construction in downtown Miami's Museum Park and scheduled to open in early 2015. Structured around a lushly landscaped indoor and outdoor "living core" of terrestrial and aquatic exhibits, featuring one -of -a -kind aquarium components, a state-of-the-art digital dome, hands-on exhibits and interactive digital technology, MiaSci will offer one of the world's most exciting museum experiences. Every aspect of the three-story, 250,000-square-foot MiaSci building is designed to inspire the mind, engage the senses and stimulate the imagination. It will also be a unique educational resource for people of all ages, cultures, and economic backgrounds. Attachment E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations Performing Arts Center Trust (Adrienne Arsht Center for the Performing Arts) Duration of Operating Agreement (to date): 17 years FY 2012-2013 Operating Budget: $34.66 million FY 20122013 County Grant Support: $8.96 million Description of Non-profit Organization: Situated at the cultural crossroads of the Americas and in the heart of one of the world's fastest -growing urban centers, the Adrienne Arsht Center for the Performing Arts of Miami -Dade County is one of the largest performing arts centers in the nation. Strategically located in downtown Miami, the Arsht Center occupies 570,000 square feet along historic Biscayne Boulevard between N.E. 13Th and 14th Streets. The Arsht Center was designed by world-renowned architect Cesar Pelli of Pell' Clarke Pell and includes the 2,400- seat Ziff Ballet Opera House, the 2,200-seat John S. and James L. Knight Concert Hall and the Carnival Studio Theater, a flexible black -box space designed for up to 300 seats. As a focal point of Greater Miami-Dade's diverse cultural life, the Arsht Center enlightens, educates and entertains audiences with a year-round schedule of performing arts events. Exhibit F— Coconut Grove Playhouse Property Location Map and Information Folio • Building Square Footage Lot Sze Property A 01-4121-045-0140 Property B O1.4121-056-0030 Total 50,470 sq. ft. 5,023 sq. ft. 100,188 sq. ft. (23 acres) 6,840 sq. #t< 55,493 sq. ft. 107,028 sq. ft, (2.45 acres) The entire site has been designated historic by the City of Miami Historic and Environmental Preservation Board. AGREEMENT BETWEEN FIU AND MDC REGARDING COCONUT GROVE PLAYHOUSE THIS AGREEMENT ("Agreement"), made and entered into this day of 2013, between MIAMf-DADE COUNTY, FLORIDA, DA, a body corporate and politic existing under the laws of the State of Florida whose business address is 111 NW First Street Suite 625, Miami,Florida 33128, Attention: Department of Culturral Affairs (the ` C or County"), and FLORIDA INTERNATIONAL UNIVERSITY BOARD OF 'MIA 1'BBS, by and on behalf of FRI, a public body corporate of the State of Florida. whose business address is: Florida International University, Modesto Maidique Campus, 11200 S.W. 8th Street, PC 523A, Miami, Florida 33199, Attention: Senior Vice President and Chief Financial Officer ("M"). FIB and MDC or County are sometimes referred to in this Agreement individually as "Party" and collectively as the "Parties." WrTNESSE'I'Jf WHEREAS, MDC and FrU ("Co -Lessees") have executed or soon will execute Lease Agreement No. 4721 with the Trustees of The Internal Improvement Trust Fund of the State of Florida ("Lessor') covering the Coconut Grove Playhouse Property which is attached hereto as Exhibit A and is incorporated herein by reference ("Coconut Playhouse Lease"); WHEREAS, the purpose of this Agreement is to set forth each Party's role and responsibilities as Co -Lessees under the Coconut Grove Playhouse Lease; and c i AS, MDC and FRI have agreed that the most efficient and effective use of their respective resources would be for MDC to assume the primary role under the Coconut Grove Playhouse Lease and FIU would focus on the academic components required under the Coconut Grove Playhouse collaboration. NOW THEREFORE, in consideration ofthe mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby agreed to by the Parties, the Parties hereby agree as follows: 1. Recitals: The Parties hereby acknowledge and agree that the above recitals aro true and correct and are incorporated herein by reference. 2, Term: The tern of this Agreement shall be simultaneous with the Term of the Coconut Grove Playhouse Lease. 3. Coconut Grove Playhouse Lease: The respective duties and obligations of MDC and FIU under the Coconut Grove Playhouse Lease are as follows: (a) MDC duties and obligation: FIU and MDC have agreed that MDC has assumed sole responsibility for timely performing the terms and conditions of the Coconut Grove Playhouse Lease which shall include, but may not be limited to, undertaking any and all financial, legal or other obligations necessary to oany out the terms and conditions of the Coconut Grove PIayhouse Lease. MDC shall also be entitled to direct and oversee the Business Plan pertaining to the Coconut Grove Playhouse Property and MDC be entitled to all rights under the Lease pertaining thereto, including the right to receive rem, profits and income, if any, generated. The Coconut Grove Playhouse Business Plan is itself attached as an exhibit to the Lease. (b) F1TJ duties and obligations: FIU and MDC have agreed that FRI shall not knowingly take Page 1 of 5 13 any actions or steps that would trigger a default under the Coconut Grove Playhouse Lease. FIU shall observe the Lease terms but shall not have affirmative obligations to perform same. FIU will cooperate and work with and facilitate the -processing of any documents, or actions required to be prepared or performed by MDC that need to be submitted to the Trustees of the Internal Improvement Trust Fund in connection with the Lease, or for MDC to otherwise perform the obligations under the Lease and the operations of the Playhouse. Without MDC's express written consent, PM shall not make or incur any agreements, promises, liabilities or obligations affecting or purporting to affect the Playhouse property or operations of the Playhouse, and shall not create or permit to be created any assessments, liens or encumbrances of anykind on or related to the Playhouse property. 4_ Indemnification: (a) MDC to FIU: To the extent permitted by applicable laws, in consideration of FN's entering into the Coconut Grove Playhouse Lease and this Agreement with the MDC which includes but may not be limited to all of Miami -Dade County's obligations and responsibilities under the Lease, Miami Dade County shall indemnify and hold harmless HU from and against any and all liability (monetary or otherwise), ,claims, including but not lirh..ited to contractual claims, and proceedings of any type (including reasonable attorney's fees and costs at all tribunal levels and pre -litigation and post - litigation) (collectively referred to herein as "Claims") that may arise in connection with this Agreement and MDC's obligations hereunder, the Lease and the Coconut Grove Playhouse Leased Preemises, directly or indirectly, and regardless of when such Claim(s) arose and regardless of who submits or files such Claims, except to extent caused by the negligence or misconduct ofHH:U, its employees and/or agents and then only to the extent caused by FIU, its employees and/or agents. _ (b) FIU to MDC: To the extent permitted by applicable laws, FIU shall indemnify and hold harmless MDC from and against any and all liability (monetary or otherwise), claims, including but not limited to contractual claims, and proceedings of any type (including reasonable attorney's fees and costs at all tribunal levels and pre -litigation and post -litigation) (collectively referred to herein as "Claims") that may arise in connection with this Agreement and FIIJ's obligations hereunder and FM, its employees and/or agents academic activities within the Coconut Grove Playhouse Leased Premises, except to extent caused by the negligence or misconduct of MDC, its employees and/or agents and then only to the extent caused by MDC, its employee, and/or its agents. The indemnification provisions set forth in this Section 4 shall survive expiration or early termination of this Agreement and the Coconut Grove Playhouse Lease. 5. Default: In the event of a default by either party under this Agreement and a failure by the other party to cure sage with ton (10) days after receipt of written notice thereof and without limitation of any rights and remedies available under or on account of the Lease, the other party shall be entitled to pursue any and all remedies available at law or in equity. 6. . Authority: (a) FJU Authority: FIU is a public body corporate of the State of Florida pursuant to the terms of Florida Statutes Section 1001.72, and FIU has full power to execute, deliver, and perform its obligations under this Agreement. The execution and delivery of this Agreement, and the performance by FIU of its obligations under this Agreement, have been duly authorized by all necessary actions of FIU, and do not contravene or conflict with any rules, regulations, policies or laws governing FIU, or any other agreement binding on FIU. The individual(s) executing this Agreement on behalf of FN has/have full authority to do ,so, (b) MDC Authority: The County is a body corporate and politic existing under the laws of the Page 2 of 5 State of Florida, and the COUNTY has full power to execute, deliver, and perform its obligations under this Agreement. The execution and delivery of this Agreement, and the performance by the COUNTY of its obligations under thia Agreement, have been duly authorized by all necessary action of the COUNTY, and do root contravene or conflict with any rules, regulations, policies or laws governing the COUNTY, or any other agreement binding otithe COUNTY_ The individnal(s) executing this Agreement on behalf ofthe COUNTY has/have full authority to do so. 7. Miscellaneous: (a) Waiver: The failure of either Party hereto to insist in any one or more cases upon the strict performance of any term, covenant or condition of this Agreement to be perfoiiued or observed by the other Party hereto, shall not constitute a waiver or relinquishment for any subsequent failure to perform. any such term, covenant or condition. (b) Successors and Assigns: The terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties„ and their respective successors and assigns. (c) Notices: All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other shall be deemed to have been fully given or made or sent when made in writing and hand- delivered or deposited in the United States mail and sent by oertified or registered mail all postage prepaid, and addressed to the Parties at their respective addresses set forth in the Introductory Paragraph of this Agreement. The party's may change their respective addresses noted above by providing the other party with prior written notice in accordance the terms of this provision. (d) Governing Law/Venue: This Agreement shall be governed by and construed and enforced in accordance with the Laws ofthe Stste of Florida_ The venue for any action under this Lease shall be in Miami -Dade County Florida. (e) Severability of Provisions: The provisions of this Agreement are severable, and if any provision, or any portion thereof, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, any remaining portions of that provision, and all other provisions of this Agreement, shall remain valid and enforceable to the fullest extent permitted by law and equity in order to give effect to the parties' intentions under this Agreement. (f) Entire Agreement: This Agreement shall constitute the entire Agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. (g) Modification of Agreement: Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. (h) Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other_ (i) No Third Party Beneficiaries: There are no third party beneficiaries to this Agreement. Page3 of5 �1� (j) Survival: Rights and obligations which by their nature should survive or which this Agreement expressly states will survive will remain in full force and effect following tennination or expiration of this Agfeerrrent. IN WITNESS WHEREOF, the County and the FIIJ have caused this Agreement to be executed by their respective and duly authorized officers the day and year first written above. WITNESS Signature: Print Name: WITNESS Signature: Print Narne: COUNTY: MIAMI-DADE COUNTY, FLORIDA By: Name: Title: Date: COUNTY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: FM: FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES WITNESS Signature: By: Print Name: Name: Title: WITNESS Date: Signature: Print Name: FIU - APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 4 of 5 Exhibit "A" Coconut Grove Playhouse Lease with attached and incorporated Coconut Grove Playhouse Business Plan Page 5'Iof5 @'