HomeMy WebLinkAboutR-26-0314City of Miami
Resolution R-26-0314
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19340 Final Action Date: 7/9/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING
THE APPEAL FILED BY MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS
("APPELLANT") AND REVERSING THE PLANNING, ZONING AND APPEALS BOARD'S
DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-26-022, THEREBY APPROVING
WITH CONDITIONS THE APPELLANT'S EXCEPTIONS AND WAIVERS RELATED TO THE
RESTORATION, EXPANSION, AND MASTER PLANNING OF THE LOCALLY HISTORICALLY
DESIGNATED COCONUT GROVE PLAYHOUSE, SPECIFICALLY FIVE (5) EXCEPTIONS
PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"): AN
EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.7.2.4 OF THE MIAMI 21 CODE TO
ALLOW DEVELOPMENT WITHIN A CIVIC INSTITUTION ZONE ("CI"); AN EXCEPTION
PURSUANT TO ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE TO ALLOW FOR THE USE OF
CIVIC (COMMUNITY FACILITY); AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 OF
THE MIAMI 21 CODE TO ALLOW FOR THE USE OF OFFICE; AN EXCEPTION PURSUANT
TO ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE TO ALLOW FOR THE USE OF
COMMERCIAL; AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 OF THE MIAMI 21
CODE TO ALLOW FOR THE USE OF PUBLIC GARAGE; AND FOUR (4) SUBORDINATE
WAIVERS PURSUANT TO ARTICLE 7, SECTION 7.1.2.5 AND ARTICLE 5, SECTION
5.7.2.4(D) OF THE MIAMI 21 CODE: 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 FORA 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; AND 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 "Cl" 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 ("Applicant" or "Appellant") applied to the City of Miami
("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 Ordinance 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 an increase in maximum driveway width from ten feet (10') to thirty feet (30'), and to
City of Miami Page 1 of 6 File ID: 19340 (Revision: A) Printed On: 7/28/2026
File ID: 19340 Enactment Number: R-26-0314
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, the Coconut Grove Playhouse is located at 3500 and 3498 Main Highway,
as more particularly described in the attached and incorporated Exhibit "A" ("Property"), and is
zoned Civic Institutional ("Cl") on the Miami 21 Code Zoning Atlas; 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 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, 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, 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 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, 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 Height limitations, subject to a Waiver; and
WHEREAS, the City's Office of Zoning reviewed the requested Waivers and found said
requests to be consistent with the intent and criteria 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 Planning Department reviewed the Exceptions application and found
that the proposed Exceptions are consistent with the goals of the Miami 21 Code and the
MCNP, particularly Goal LU-2 and Policy LU-2.2.4; and
WHEREAS, the Planning Department found that the Exceptions comply, with conditions,
with the Miami 21 Code criteria, including but not limited to Article 4, Table 12 of the Miami 21
Code; and
WHEREAS, the Planning Department found that the Exceptions comply, with conditions,
with all applicable regulations; and
City of Miami Page 2 of 6 File ID: 19340 (Revision: A) Printed on: 7/28/2026
File ID: 19340 Enactment Number: R-26-0314
WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami
21 Code, recommended approval of the Exceptions, with conditions; and
WHEREAS, the Office of Zoning, pursuant to Article 7, Section 7.1.2.4 of the Miami 21
Code, recommended approval of the Waivers, with conditions; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on May 6,
2026, held an advertised public hearing in which there was testimony and evidence presented
on the application and there was an opportunity for the members of the public to be heard; and
WHEREAS, immediately following the PZAB hearing, there was a motion by a PZAB
member to approve the Exceptions and Waivers with the staff conditions and 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
approve the Exceptions and associated Waivers; and
WHEREAS, as such, based on the testimony, evidence, and the PZAB record, the
Exceptions and Waivers were denied at PZAB pursuant to Resolution No. PZAB-R-26-022; and
WHEREAS, on May 20, 2026, the Appellant filed an appeal to the City Commission,
pursuant to Article 7, Section 7.1.5(c), of the PZAB's decision to deny the application; and
WHEREAS, the Appellant, in sum, claims that the denial deprives them of the ability to
continue the Property's documented and historic playhouse Use; and
WHEREAS, the Appellant also generally claims that the PZAB applied the wrong law,
made a decision that was unsupported by competent substantial evidence, and failed to accord
due process; and
WHEREAS, the Appellant also indicates that, for the reasons explained in the City staff
report, among others, the County's application satisfies the relevant standards; and
WHEREAS, based on the testimony and evidence presented and in the record, after due
notice and an opportunity to be heard has been afforded to all parties and members of the
public, the City Commission finds, based on competent substantial evidence, that the
application complies with all applicable regulations — with conditions as stated herein; and
WHEREAS, the City Commission grants the appeal filed by the Appellant and reverses
the PZAB decision set forth in Resolution No. PZAB-R-26-022, thereby approving with
conditions the Exceptions and Waivers for the Property described herein;
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.
City of Miami Page 3 of 6 File ID: 19340 (Revision: A) Printed on: 7/28/2026
File ID: 19340 Enactment Number: R-26-0314
Section 2. The City Commission hereby grants the appeal and reverses the decision
of the PZAB as set forth in Resolution No. PZAB-R-26-022, thereby approving with conditions
the Exceptions and Waivers for the Property, as described herein, 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.
2. There shall be no commercial frontage into the Little Bahamas single-family
neighborhood.
3. There shall be a buffer wall enclosure in the rear of the theater and parking
garage.
4. The Applicant shall provide an updated traffic study and traffic mitigation plan
for construction and operation of the project, with the traffic mitigation plan to
be developed with the area residents.
5. There shall be best efforts for first source hiring and living wages, in
compliance with any applicable laws, with City assistance.
6. There shall be meaningful access for historical churches and community
organizations, with City assistance.
7. The Applicant shall consider investment into Little Bahamas history and
landmarks for the project.
8. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal
process.
9. 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.
10. Any tree -related activities, including removals, relocations, pruning of roots
or canopy, and right-of-way activities shall require a tree permit.
11. The Applicant shall comply with all applicable requirements pursuant to
Chapter 24 of the Miami -Dade County Code, titled "Environmental
Protection".
12 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
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File ID: 19340 Enactment Number: R-26-0314
equivalent in value to not less than one and one-half percent (1.5%) of the
Project Cost of all Government Development Project(s).
13. 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 Miami 21 Code. Addition of the required
25 feet thoroughfare intersection visibility triangles to the site plan and
assurance that there are no visual obstructions between a height of
2.5 feet and 10 feet 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 feet driveway intersection visibility triangles
to the site plan and assurance that there are no visual obstructions
between a height of 2.5 feet and 10 feet 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 Base Building Line
("BBL") and Driveway width. This is subject to Public Works review as
part of the City of Miami building permit process.
14. 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-3 Overlay District. Refer to Appendix A, Section 3.6.h.1.a.(2) of the
Miami 21 Code.
15. 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.
16. 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.
17. 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."
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File ID: 19340 Enactment Number: R-26-0314
18. 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.
19. The City reserves the right to inspect the Property site to ensure compliance
with conditions as listed.
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 and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C1ty` ttor -y 7/28/2026
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 6 of 6 File ID: 19340 (Revision: A) Printed on: 7/28/2026