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HomeMy WebLinkAboutPZAB (19077) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-26-022 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 19077 Date Rendered: 5/08/2026 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), FAILING TO APPROVE WITH CONDITIONS BY A SUPERMAJORITY VOTE FIVE (5) EXCEPTIONS: AN EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.7.2.4 OF ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR THE RESTORATION, EXPANSION, AND MASTER PLANNING OF THE LOCALLY HISTORICALLY DESIGNATED COCONUT GROVE PLAYHOUSE; AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 TO ALLOW FOR THE USE OF CIVIC (COMMUNITY FACILITY); AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 TO ALLOW FOR THE USE OF OFFICE; AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 TO ALLOW FOR THE USE OF COMMERCIAL; AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 TO ALLOW FOR THE USE OF PUBLIC GARAGE; AND FOUR (4) SUBORDINATE WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.7.2.4(D): A WAIVER TO ALLOW FOR AN INCREASE IN MAXIMUM LOT COVERAGE FROM FIFTY PERCENT (50%) TO SIXTY-TWO AND FOUR -TENTHS PERCENT (62.4%); A WAIVER TO ALLOW FOR A DECREASE IN MINIMUM GREEN SPACE FROM THIRTY PERCENT (30%) TO FOURTEEN AND NINE -TENTHS PERCENT (14.9%); A WAIVER TO ALLOW FOR AN INCREASE IN MAXIMUM DRIVEWAY WIDTH FROM TEN (10) FEET TO THIRTY (30) FEET; A WAIVER TO ALLOW FOR AN INCREASE IN MAXIMUM IMPERVIOUS PAVEMENT WITHIN FRONT SETBACKS ALONG MAIN HIGHWAY AND CHARLES AVENUE FROM THIRTY PERCENT (30%) TO ONE -HUNDRED PERCENT (100%); FOR THE REAL PROPERTY DESIGNATED "CI" CIVIC INSTITUTIONAL TRANSECT ZONE GENERALLY LOCATED AT 3500 AND 3498 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County, (the "Applicant") applied to the City of Miami (the "City") for the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse ("Playhouse"), which requires an Exception pursuant to Article 5, Section 5.7.2.4 of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, ("Miami 21 Code") to allow for development within a CI transect zone; four (4) Exceptions pursuant to Article 4, Table 3 of the Miami 21 Code to allow for Civic (Community Facility), Office, Commercial, and Public Garage uses; and four (4) Waivers pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code to allow for an increase in maximum lot coverage from fifty percent (50%) to sixty-two and four -tenths percent (62.4%), to allow for a decrease in minimum green space from thirty percent (30%) to fourteen and nine -tenths percent (14.9%), to allow for Date Rendered: 5/08/2026 City of Miami Page 1 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 an increase in maximum driveway width from ten feet (10') to thirty feet (30'), and to allow for an increase in maximum impervious pavement within front setbacks along Main Highway and Charles Avenue from thirty percent (30%) to one hundred percent (100%); and WHEREAS, Exceptions are reviewed pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code and Waivers are reviewed pursuant to Article 7, Section 7.1.2.5 of the Miami 21 Code; and WHEREAS, the Coconut Grove Playhouse is located 3500 and 3498 Main Highway, as more particularly described in the attached and incorporated Exhibit "A," (the "Property") and is zoned Civic Institutional ("CI") on the Miami 21 Code Zoning Atlas; and WHEREAS, Section 5.7.2.4 of the Miami 21 Code provides that all development within a CI Transect Zone shall be subject to an Exception and conform to certain standards stated therein; and WHEREAS, Article 4, Table 3 of the Miami 21 Code provides that all uses within a "Cl" Transect Zone shall be subject to an Exception; and WHEREAS, Section 5.7.2.4(d) of the Miami 21 Code provides that development within the CI Transect Zone may request adjustments to applicable Transect regulations, excluding Density, Intensity, and Heigh Limitations, subject to a Waiver; and WHEREAS, the subject Property site is 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; and WHEREAS, the Property is located in the Coconut Grove neighborhood and in the Coconut Grove Neighborhood Conservation District (NCD-3); and WHEREAS, the Property is located in the Central Coconut Grove Established Setback Area pursuant to Article 3, Section 3.3.6 of the Miami 21 Code; and WHEREAS, the Property is designated as "Major Institutional, Public Facilities, Transportation, and Utilities" on the Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use Map ("FLUM"); and WHEREAS, the Major Institutional, Public Facilities, Transportation, and Utilities designation allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities, and general commercial activities intended to serve the needs of the public; and WHERAS, the subject Property site previously contained a 30,000+/- square feet legal nonconforming theater building and currently contains the remaining portion of a three (3) story, 12,000+/- square feet legal nonconforming locally historically designated structure originally constructed in 1926; and City of Miami Page 2 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 WHEREAS, in 2005, the Historic and Environmental Preservation Board (the "HEPB") of the City, pursuant to Resolution No. HEPB-2005-060, designated the Playhouse as a local historic site; and WHERAS, in 2013, Miami -Dade County entered into a lease agreement with the State of Florida to manage and operate the Property site; and WHEREAS, in 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 the partial demolition and restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse; and WHEREAS, in 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 Coconut Grove Playhouse; and WHEREAS, in 2018, the subject Property 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; and WHEREAS, in November 2018, a supermajority of the Planning, Zoning, and Appeals Board ("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 approved the Exception and associated Waivers to allow for the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse, which previously failed in the September 5, 2018 PZAB meeting for not obtaining a supermajority of votes, with the approval being valid for a period of two (2) years and thus expired in November 2020; and WHEREAS, in 2019, the Circuit Court in their Mandate for Appellate Case No. 2018- 000032-AP-01 quashed the City Commission's decision denying the Certificate of Appropriateness, and thereby reinstated HEPB Resolution No. HEPB-17-023; and WHEREAS, in 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 the partial demolition and restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse; and WHEREAS, in 2019, the City Commission, pursuant to Resolution No. R-19-0169, reversed the HEPB denial and approved the final Certificate of Appropriateness; and WHEREAS, in 2019, the City Mayor, pursuant to Section 4(g)(5) of the City Charter, vetoed the City Commission Resolution No. R-19-0169 and reinstated the HEPB final Certificate of Appropriateness denial, with such veto being sustained by the City Commission; and WHEREAS, in 2021, the Circuit Court in their Mandate for Appellate Case No. 2019- 000167-AP-01 quashed the Mayor's Veto and reinstated City Commission Resolution No. R-19- 0169; and City of Miami Page 3 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 WHEREAS, subsequently, the Planning Director approved a timely filed tolling and extension request(s) for HEPB Resolution No. HEPB-R-19-019, which extended the final Certificate of Appropriateness's expiration date to 2030; and WHEREAS, in 2025, Demolition Building Permit No. BD2300058001 for partial demolition of the theater pursuant to HEPB Resolution No. HEPB-R-19-019 was approved and included a Waiver approved under file PZ File No. 22-15336-WA; and WHEREAS, in 2022 and later in 2025, the Applicant's requested tolling of PZAB-R-18- 059 was not recognized since the Resolution was not under consideration by the Circuit Court in Appellate Case No. 2019-000167-AP-01 and there was no automatic or affirmative tolling of the PZAB approval; and WHEREAS, on or around December 11, 2025, the Applicant submitted a request for five (5) Exceptions pursuant to Article 7, Section 7.1.2.6; Article 5, Section 5.7.2.4; and Article 4, Table 3 of the Miami 21 Code and four (4) Waivers pursuant to Article 7, Section 7.1.2.5 and Article 5, Section 5.7.2.4(d) to allow for the restoration, expansion, and master planning of the historically designated Coconut Grove Playhouse; and WHEREAS, the City's Office of Zoning reviewed the requested Waivers and found said requests to be consistent with the intent of the Miami 21 Code as the development, as proposed with the associated Waivers, would be in keeping with the context of the development pattern of the corridor in that the Property site is situated along a major commercial corridor (Main Highway) in Coconut Grove; and WHEREAS, the proposed Exceptions and Waivers are consistent with the goals of the Miami 21 Code and goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), particularly Goal LU-2 and Policy LU-2.2.4; and WHEREAS, pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.4, 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; and WHEREAS, the Planning Department reviewed the application and finds the proposed Exception is consistent with the goals of Miami 21 Code and the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department found that the Exceptions and Waivers meet the criteria of Article 4, Table 12 with conditions, pursuant to Article 7, Sections 7.1.2.5 and 7.1.2.6 of the Miami 21 Code, and recommended approval of the Exceptions and associated Waivers with the following conditions: 1. The Civic Institutional development shall be substantially in accordance with the plans entitled "Coconut Grove Playhouse PZAB Final Submittal 02/06/2026" as prepared by Arquitectonica, and batch stamped PZ-25-20237-EX by the City of Miami. City of Miami Page 4 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 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, titled "Environmental Protection". 6. The Development Project shall comply with Ordinance No. 13656 titled "Art in Public Places Program" specifically Article 3, Section 3.16 and Article 11 Section 11.7 of the Miami 21 Code 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 of the Miami 21 Code: 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 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 the NCD- City of Miami Page 5 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 3 Overlay District. Refer to Appendix A, Section 3.6.h.1.a.(2) of the Miami 21 Code. 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 for a 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 Property site to ensure compliance with conditions as listed; and WHEREAS, the PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other regulations of the City; and WHEREAS, Section 7.1.2.6 of the Miami 21 Code indicates that, as identified in Article 4, Table 3 of this Code, a Use may be permitted by Exception in specific Transect Zones if it conforms to criteria of the Miami 21 Code; and WHEREAS, the PZAB gave full consideration to the Planning Director's recommendations and held a pubic hearing on the matter; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the Exception and Waivers was made with a the additional conditions of 1) the Applicant to provide an additional/updated traffic study; 2) the Applicant to consider closing the connectivity of the development with the neighborhood in the back; 3) the Applicant to provide cultural educational programming; and 4) the Applicant to provide large tree specimens on the Property, wherein five (5) PZAB members voted in favor and four (4) PZAB members voted against, thereby failing to receive the required six (6) supermajority votes to recommend approval of the Exceptions and associated Waivers; and WHEREAS, the Applicant failed to obtain a supermajority vote pursuant to 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 to approve an Exception shall be taken without the concurring votes of a supermajority of board members present; said supermajority consists of one more member than a simple majority; and WHEREAS, the supermajority vote to approve an Exception is a requirement of the Miami 21 Code; and City of Miami Page 6 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 WHEREAS, the applicable requirements of the Miami 21 Code have not been met; and WHEREAS, based on the testimony and evidence presented and in the record and for reasons stated on the record, 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 that the application requests do not satisfy the requirements of the Miami 21 Code — and the requested Exceptions and Waivers are denied; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS BOARD 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 Exceptions and associated Waivers as described herein and as presented at the hearing, are denied as the Applicant 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 to approve an Exception shall be taken without the concurring votes of a supermajority of board members present. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARINGS BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: Planning Director — David Snow City of Miami Page 7 of 7 File ID: 19077 (Revision:) Printed On: 5/8/2026 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.