Miami
FL

PZAB Resolution
PZAB-R-18-054
Recommended Approval - Failed
Sep 5, 2018 6:00 PM

A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), FAILING TO APPROVE OR DENY BY A SUPERMAJORITY VOTE AN EXCEPTION UNDER ARTICLE 5, SECTION 5.7.2.4 AND ARTICLE 7, SECTION 7.1.2.6 AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.7.2.4(D) OF ORDINANCE 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR THE RESTORATION, EXPANSION, AND MASTER PLANNING OF THE LOCALLY DESIGNATED HISTORIC COCONUT GROVE PLAYHOUSE, ZONED CIVIC INSTITUTIONAL, LOCATED AT APPROXIMATELY 3500 AND 3498 MAIN HIGHWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, AS IT FAILED TO MEET THE APPLICABLE REQUIREMENTS OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

Information

Department:Planning, Zoning and Appeals BoardSponsors:
Category:PZAB Exception

Body/Legislation

WHEREAS, Miami-Dade County, (the “Applicant”) operates the properties generally located at 3500 & 3498 Main Highway (“Property”), which is zoned Civic Institution (“CI”); and

 

WHEREAS, the Applicant requested an Exception pursuant to Article 5, Section 5.7.2.4 and Article 7, Section 7.1.2.6 and associated Waivers pursuant to Article 5, Section 5.7.2.4(d) of Ordinance 13114, the Zoning Ordinance of the City of Miami, as amended (“Miami 21 Code”), for the restoration, expansion, and master planning of the locally designated historic Coconut Grove Playhouse on the Property that will serve the Neighborhood as a Cultural Facility; and

 

WHEREAS, Article 5, Section 5.7.2.4, indicates that Civic Institution Development shall be permitted by process of Exception and shall conform to certain regulations enumerated in that Section; and

 

WHEREAS, Article 5, Section 5.7.2.4.d. indicates that adjustments to Building Disposition Requirements, with the exception of Setbacks, shall be al­lowed by process of Waiver; and

 

WHEREAS, the Applicant proposed the redevelopment and partial restoration of the Coconut Grove Playhouse, incorporating a new 300 seat theater, a four (4) story parking garage with 303 parking spaces and associated food and beverage, retail and office uses; and

 

WHEREAS, as part of the development proposed on the site, several subordinate Waivers are required, which are as follows:

 

Waiver Permit, pursuant to Article 5, Section 5.7.2.4(d), to allow an increase in the maximum lot coverage from fifty percent (50%) to sixty-four percent (64%); and

 

Waiver Permit pursuant to Article 5, Section 5.7.2.4(d), to allow a reduction of the minimum green space from thirty percent (30%) to fourteen 8/10 percent (14.8%); and

 

Waiver Permit pursuant to Article 5, Section 5.7.2.4(d), to allow an increase in the maximum driveway width from ten (10) feet to thirty (30) feet; and

 

Waiver Permit pursuant to Article 5, Section 5.7.2.4(d), to allow an increase in the maximum impervious pavement within the front Setbacks along Main Highway and Charles Avenue from thirty percent (30%) to one hundred (100%); and

             

WHEREAS, 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 area; and

 

WHEREAS, the subject site is approximately 2.39 acres and is generally bounded by Thomas Avenue 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 subject site contains an existing three (3) story, 55,500+/- square feet legal nonconforming locally historically designated structure originally constructed in 1926, which housed the Coconut Grove Playhouse; and

 

WHEREAS, the Coconut Grove Playhouse, formerly “Paramount Pictures,” was originally a movie palace designed by the architectural firm of Kiehnel and Elliott, in the Spanish Rococo architectural style. In 1955, the theater was remodeled to accommodate the Coconut Grove Playhouse. After multiple changes in ownership and financial disappointments, the Playhouse was sold at auction on the steps of the County Courthouse in the 1970s; and

 

WHEREAS, in 1980, the State of Florida acquired the Coconut Grove Playhouse by assuming its $1.5 million mortgage. The State contracted with the Coconut Grove Playhouse, Inc. to operate the theater; and

 

WHEREAS, On October 5, 2005, the Historic and Environmental Preservation Board (HEPB) of the City of Miami (“City”) pursuant to Resolution No. HEPB-2005-060, attached as Exhibit Bentitled “Designation Report, incorporated herein by reference, designated the Coconut Grove Playhouse as a local historic site; and

 

WHEREAS, in 2010, the City, pursuant to Code Citation No. BB2010012604, rendered the Coconut Grove Playhouse an unsafe structure, as it had been shuttered for several years and had fallen into a state of disrepair. Subsequently, Miami-Dade County (“County”) and City staff met on multiple occasions to discuss feasible alternatives to save the iconic historic structure. In 2004, pursuant to County Resolution R919-04, attached as Exhibit C” and entitled “County Resolution”, Miami-Dade County residents passed a bond measure to allocate funds for cultural facilities, allotting needed funding for the Coconut Grove Playhouse; and

 

WHEREAS, on October 8, 2013, Miami-Dade County entered into a lease agreement with the State of Florida to manage and operate the Coconut Grove Playhouse. Due to its current state of disrepair, the County held several community meetings to discuss and gather input on the future programming and master plan of the Coconut Grove Playhouse; and

 

WHEREAS, on April 4, 2017 the HEPB of the City, pursuant to Resolution No. HEPB-17-023, attached as Exhibit D entitled “Zoning History,” incorporated herein by reference, approved with conditions the Applicant’s request for a Certificate of Appropriateness to allow for partial demolition and reconstruction of the theater, a new parking garage, and a master plan of the Coconut Grove Playhouse; and

 

WHEREAS, on or about April 19, 2017, an appeal to the City Commission of the HEPB Resolution No. HEPB-17-023 was filed (“HEPB Appeal”); and

 

WHEREAS, on December 14, 2017, a public hearing on the HEPB Appeal was held before the City Commission that resulted in Resolution No. R-17-0622, which granted in part and reversed in part the HEPB Appeal and modified the decision of the HEPB, which is summarized as follows:

 

1)      The theater portion of the Playhouse shall be developed with a minimum of six hundred (600) seats if, by March 24, 2018, a minimum of $20,000,000.00 is pledged; If the funding is not pledged, then the theatre portion of the Playhouse shall then be developed with a minimum of three hundred (300) seats; and

 

2)      The parking garage and other non-theater structures in the rear of the property shall be recessed from Main Highway so their visibility is minimized; the parking garage and other non-theater structures will be redesigned so as not to overwhelm the Playhouse height, massing or intensity and shall be in harmony with the Playhouse and the surrounding neighborhood; the Applicant(s) may consider removing a floor, undergrounding a floor, or undergrounding the entire parking garage to accomplish this measure; and

 

3)      The Applicant shall protect, restore, and maintain the Solomonic Columns, Proscenium Arches, and Cherubs currently present in the interior of the Playhouse; and

 

4)      The Applicant is to preserve the entire Playhouse structure.  At a minimum, the exterior shell of the theater, along with the decorative features mentioned, should be preserved.

 

WHEREAS, the Applicant filed an appeal to the Eleventh Judicial Circuit Court of Florida of the City Commission Resolution No. R-17-0622 (“City Commission Appeal”), which is pending; and

 

WHEREAS, on February 21, 2018, the Urban Development Review Board (UDRB”) of the City, pursuant to a resolution attached in Exhibit D entitled “Zoning History” recommended approval of Miami-Dade County’s (Applicant’s) request for partial demolition, restoration and master plan for the Coconut Grove Playhouse; and

 

WHEREAS, the subject Property is designated Major Public Facilities, which 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; and

 

WHEREAS, the subject site is home to the Coconut Grove Playhouse, originally constructed in 1926. The site is located along a major north, south commercial corridor (Main Highway), in the Coconut Grove Commercial District. The Applicant is seeking to restore portions of the original building, approximately 4,750 square feet, specifically the ornate south, southeast and eastern facades of the structure as further outlined in the plans attached as Exhibit E entitled “Master Plan” incorporating a new 300-seat theater and additional ancillary uses such as a parking garage and retail for the cultural facility. Under the Miami Comprehensive Neighborhood Plan (MCNP”) and the Miami 21 Code, the City Planning Department finds the plans and cultural use, as proposed, to be consistent with the MCNP and Miami 21 Code; and

 

WHEREAS, the Planning Department found that the proposal as presented to be consistent with Goal LU-2 and Policy LU-2.2.4 of the MCNP; and

 

WHEREAS, the Applicant has requested four (4) Waivers that are specific to Article 5, Section 5.7.2.4(d); and

 

WHEREAS, the Office of Zoning reviewed the requested Waivers and found said requests to be consistent with the intent of the Miami 21 Code. The site is situated along a major commercial corridor (Main Highway) in Coconut Grove.  The abutting properties immediately to the North and South fronting Main Highway are zoned Urban Center Transect Zone “T5”.  The development as proposed with the associated Waivers would be in keeping with the context of the development pattern of the corridor. On April 4, 2017, the HEPB of the City, pursuant to Resolution No. HEPB-17-023, approved with conditions the preliminary Coconut Grove Playhouse Master Plan pursuant to Chapter 23 of the City Code and the United States Secretary of Interior Standards, which is on appeal as described herein; and

 

WHEREAS, the Exception request was reviewed by the City Planning Department; and

 

WHEREAS, the City Planning Department found the Exception request to be consistent with Article 5, Section 5.7.2.4 and Article 7, Section 7.1.2.6; in compliance with the Miami 21 Code, with conditions; that the proposal promotes the intent of the CI Transect Zone by proposing the restoration, alteration, expansion and master planning of the locally designated historic Coconut Grove Playhouse that cultivates the urban experience with active uses located along the Principal Frontage; that the proposed restoration, modification, expansion and master planning of the site is compatible with the existing uses and structures in the vicinity; and that the reactivation of the Coconut Grove Playhouse site as a cultural facility with ancillary uses will benefit the area by continuing to provide a service to the community; and that the requested Exception and four (4) Waivers are consistent with the goals of the Miami 21 Code as the requested use and proposed development are compatible with the surrounding neighborhood; and

 

WHEREAS, as such, the City Planning Department recommended approval, with conditions, of the Applicant’s request for the Exception and associated Waivers; and

 

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”) has considered the goals, objectives, and policies of the Miami Comprehensive Plan, Miami 21, and all other City regulations in regard to the Exception and Waivers; and

 

WHEREAS, 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 this Miami 21 Code; and

 

WHEREAS, there is a pending appeal regarding the reconstruction of the subject Coconut Grove Playhouse theater on the subject Property; and

 

WHEREAS, the PZAB gave full consideration to the Planning Director’s recommendations; 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

 

WHEREAS, the applicable requirements of the Miami 21 Code have not been met; and

 

WHEREAS, 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 deny the Exception;

 

 

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 Exception, requested pursuant to Article 5, Section 5.7.2.4 and Article 7, Section 7.1.2.6 of the Miami 21 Code, as amended, and associated Waivers requested pursuant to Article 5, Section 5.7.2.4(d) of the Miami 21 Code, as amended, to :1)  increase the maximum lot coverage from fifty percent (50%) to sixty-four percent (64%); 2) reduce of the minimum green space from thirty percent (30%) to fourteen 8/10 percent (14.8%); 3) increase in the maximum driveway width from ten (10) feet to thirty (30) feet; and 4) increase in the maximum impervious pavement within the front Setbacks along Main Highway and Charles Avenue from thirty percent (30%) to one hundred percent (100%), as presented, are denied as the Applicant failed to obtain the required 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.

 

Section 3. This Resolution shall be effective immediately upon its adoption.

 

 

ANY APPEAL OF THIS DECISION TO CITY COMMISSION MUST BE FILED WITH THE CITY OF MIAMI HEARING BOARDS WITHIN FIFTEEN (15) DAYS FROM THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD

 

 

Meeting History

Jul 9, 2018 6:30 PM Video Planning, Zoning and Appeals Board Regular Meeting
RESULT:DEFERREDNext: 7/18/2018 6:30 PM
Jul 18, 2018 6:30 PM Video Planning, Zoning and Appeals Board Regular Meeting

The Applicant requested deferral of this item.

RESULT:DEFERREDNext: 9/5/2018 6:00 PM
Sep 5, 2018 6:00 PM Video Planning, Zoning and Appeals Board Regular Meeting
RESULT:RECOMMENDED APPROVAL - FAILED [5 TO 3]
MOVER:Adam J Gersten, Board Member (Dist. 5)
SECONDER:Manuel Vadillo, Board Member (Dist. 4)
AYES:Daniel Alexander Milian, Andres Althabe, Adam J Gersten, Manuel Vadillo, Chris Collins
NAYS:Charles Garavaglia, Alex Dominguez, Anthony Parrish
ABSENT:Maria Beatriz Gutierrez
EXCUSED:Juvenal Pina, Melody Torrens, Aaron Zeigler