HomeMy WebLinkAboutAppeal LetterM IAM I•DADE
111. miamidadearts.org
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COUNTY
Danielle Levine Cava, Mayor
VIA ONLINE SUBMISSION & E-MAIL
May 18, 2026
Olga Zamora
Hearing Boards Division Chief
City of Miami Planning Department
444 S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
Cultural Affairs
111 NW 1st Street • Suite 625
Miami, FL 33128-1994
T 305-375-4634 F 305-375-3068
Re: Appeal of May 6, 2026 PZAB Decision on Item #19077 Relating to the
Coconut Grove Playhouse (PZAB Resolution No. PZAB-R-26-022)
Dear Ms. Zamora:
By this letter, Miami -Dade County appeals the above -referenced Planning and
Zoning Appeals Board (PZAB) decision to the City Commission, pursuant to sections
7.1.2.6 d. and 7.1.5 c. of Miami 21 and applicable law. Section 7.1.5 c. provides that such
an appeal shall be made within 15 days of the PZAB's decision. The County's appeal is
timely in that the PZAB's decision was made on May 6, 2026 and this appeal is being
submitted on May 18, 2026.
At the May 6 hearing, the PZAB voted 5-to-4 in favor of the County's application
for approval of five Exceptions and four subordinate Waivers to allow for the restoration,
expansion, master planning, and related approvals for the Coconut Grove Playhouse.
While the County's application received support from a majority of the board members
present, the application was deemed denied because "the [County] failed to obtain the
required supermajority vote pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and
Section 62-17(d) of the City Code, which indicate that no action [of the PZAB] to approve
an Exception shall be taken without the concurring votes of a supermajority of board
members present."
The specific reason for this appeal is that the PZAB's decision did not comport with
applicable legal requirements, which has resulted in the County's inability to use the
property in the manner contemplated by the County's application, including, principally,
as a theater, which is the historical use.
MIAMI•DiADE
COUNTY
Danielle Levine Cava, Mayor
Cultural Affairs
111 NW 1st Street • Suite 625
Miami, FL 33128-1994
T 305-375-4634 F 305-375-3068
miamidadearts.org
miamidade.gov
Although under Miami 21, the City Commission shall conduct a de novo hearing,
applying anew the applicable code criteria for Exceptions and Waivers, the County
provides below some additional context demonstrating the necessity for this appeal.
Inability to use the property. The County's efforts to rehabilitate the Playhouse site
go back more than a decade. In 2013, for example, the Board of County Commissioners
approved a lease agreement between the State of Florida, as owner and lessor, and
Florida International University ("FIU") and the County, as joint lessees, for the Playhouse
property ("Lease Agreement"). See Resolution No. R-797-13.
The Lease Agreement includes an attached Business Plan, approved by the State
of Florida, and expressly states that the County was to develop the Playhouse property
in accordance with the Business Plan. See Resolution No. R-797-13, Lease Agreement
at §8, pg. 13. The Business Plan in the Lease Agreement appended the "building program
for a regional theater" that provided for the Playhouse to be reconstructed as a 300-seat
theater. Id. at pgs. 52-62. In addition, the Business Plan repeatedly acknowledged that it
was understood that there was a "need for [] additional, compatible development," such
as parking along with "retail, restaurants, etc.," 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." Id. at 48-49. In recommending approval of the
Lease Agreement to the County Commission, the then -County Mayor explicitly
highlighted the need to generate revenues to support the Playhouse through the
development of the additional, compatible commercial development on site. Id. at 4.
Since 2013, the County has been diligently seeking the approvals from the City
necessary to see this project realized, including historic preservation and zoning
approvals. But, unfortunately, the County has encountered headwinds at every turn, as
evidenced by no less than four court proceedings, all of which to date have been decided
in the County's favor. All the while, the County has been deprived of the ability to use the
property as it was historically used —namely, as a theater. The additional components of
the County's plan —including the commercial and parking uses —are essential to ensuring
that the Playhouse campus is a complete, self-sustaining enterprise that will not end in
economic demise, as occurred in the past before the County's involvement, when the
theater fell into mismanagement and was shuttered.
The Playhouse sits in the CI zoning district and, under Miami 21, every use in this
district is subject to approval as an Exception. Thus, perversely, the County cannot even
reestablish the historical theater use on the site without the approval of by the PZAB or,
on appeal here, by the City Commission. The PZAB's denial of the County's application
therefore thwarts and deprives the County —and, indeed, the entire community —of the
long -held use of the property in a manner that fails to comport with applicable law.
M IAM I•DADE
111. miamidadearts.org
miamidade.gov
COUNTY
Danielle Levine Cava, Mayor
Cultural Affairs
111 NW 1st Street • Suite 625
Miami, FL 33128-1994
T 305-375-4634 F 305-375-3068
The County's application here seeks to restore that historical use in a responsible,
self-sustaining manner, all within a beautiful campus that is compatible with, and sensitive
to, its surroundings and the area's neighbors. It is important to emphasize that each of
the County's zoning requests are needed either to reestablish the historical use along
with necessary supportive uses, as explained above, or owe to the inherent constraints
of the site. This is an irregularly shaped parcel, and the County has designed a plan that
works to balance all of the many interests and goals in a responsible and efficient manner.
The County's commitment is to provide an economically -viable theater campus
that includes a state-of-the-art new theater and fully -restored and historically appropriate
front building with small shopfronts, along with adequate parking and a place for
theatergoers to eat, greenspace and landscaping for the public to enjoy, commercial uses
to help economically support the theater, and educational space. The County is also
committed to ensuring that the articulation of these uses on the campus treats the abutting
neighborhood, in particular the historic West Grove, with respect and dignity.
Accommodating all of these interests on this irregularly shaped and constrained
parcel is a challenge, which is why the County seeks certain Waivers as part of its zoning
application. For example, while the application seeks a Waiver for a reduction from the
Code -required greenspace, in reality the County is increasing the amount of greenspace
and landscaping on the site from what is there today and what has been there in the past.
However, given the constraints of the site, the County simply cannot fit all of the Code -
required greenspace on this site along with the theater, the historic front building, and the
garage. Similarly, the Waiver for impervious surfaces along the front property line is a
function of where the historic front facade sits. To keep it in place, this Waiver is needed
because the front facade is situated on zero frontage. But this Waiver for impervious
pertains only to the front property line, and elsewhere on the site the County's project is
compliant with pervious requirements and will satisfy stormwater requirements.
With this in mind, it is clear that the County's application is needed to re-establish
the important historical use of the property, along with necessary supporting uses, all of
which are thoughtfully arranged throughout the campus. Because the PZAB's decision
ignored these facts and resulted in the County's inability to use the property for the
public's benefit, the decision was made in error.
Failure to comply with applicable legal requirements. Quasi-judicial decisions of
local government boards, such as the PZAB, are reviewed pursuant to a familiar three -
pronged standard that considers: (1) whether the board observed the essential
requirements of the law; (2) whether the board's decision was supported by competent
MIAMI•DiADE
COUNTY
Danielle Levine Cava, Mayor
Cultural Affairs
111 NW 1st Street • Suite 625
Miami, FL 33128-1994
T 305-375-4634 F 305-375-3068
miamidadearts.org
miamidade.gov
substantial evidence; and (3) whether the board accorded procedural due process. See
Miami -Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195, 198-99 (Fla. 2003). Here,
the PZAB applied the wrong law, made a decision that was unsupported by substantial
competent evidence, and failed to accord due process. As such, the PZAB's decision is
legally infirm.
Based on the foregoing, the County respectfully requests that this appeal be processed
and placed on the next available City Commission agenda. For the reasons explained
in the City staff report, among others, the County's application satisfies the relevant
standards. Accordingly, after conducting a de novo hearing, it would be most
appropriate for the City Commission to approve the County's application for this
important project. Such an approval is essential to allow the County to restore the
historical use of the property, return great theater to this site, and provide County
residents and visitors with a significant public benefit and cultural resource in the heart
of Coconut Grove.
Sincerely,
Jimmy Morales, Chief Operating Officer
Office Of Mayor Daniella Levine Cava
Miami -Dade County
cc: Ashlee Thomas, Interim Director
David Snow, City Planning Director
Sevanne Steiner, Assistant Planning Director
George Wysong, City Attorney
Amber Ketterer, Assistant City Attorney
Kenneth Jessell, Florida International University
Alex Argudin, Miami Parking Authority