PZ.9 - Unable to Process Empty Title

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 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 locatedat 3500 and 3498 Main Highway, as more particularly described in the attached and incorporated Exhibit “A” (“Property”), and is zoned Civic Institutional (“CI”) 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 “CI” 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 Heightlimitations, 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

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/does not comply with all applicable regulations with conditions; and

WHEREAS, the City Commission grants/denies the appeal filed by the Appellant and reverses/affirms the PZAB decision set forth in Resolution No. PZAB-R-26-022, thereby approving with conditions/denying 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.

Section 2.The City Commission hereby grants/denies the appeal and reverses/affirms the decision of the PZAB as set forth in Resolution No. PZAB-R-26-022, thereby approving with conditions/denying 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.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 aCertificate 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 3.16andArticle 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 3.8.4.1of 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 feet thoroughfare intersection visibility triangles to the site plan and assurance that there are no visual obstructions between a height of 2.5feet 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 2.5feet 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.

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 withinthe NCD-3OverlayDistrict. 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 thePropertysite 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.