Residents say Miami failed to follow its own zoning rules when commissioners approved the county’s $59 million redevelopment plan for the historic theater.
Just when the long-running battle over the Coconut Grove Playhouse seemed to be nearing a resolution, it is headed back to court.
West Grove residents are asking a panel of judges to overturn the Miami City Commission’s unanimous July 9 approval of Miami-Dade County’s $59 million plan to rebuild the historic theater.
On Aug. 27, the community nonprofit Preserve the West Grove and 18 residents living near the Playhouse filed a petition in Miami-Dade Circuit Court challenging the city’s decision to greenlight the county’s redevelopment plan, which would restore portions of the historic theater and add shops, offices and parking.
The project includes more than 35,000 square feet of commercial space adjacent to some of the oldest residential streets in the West Grove, the heart of Coconut Grove’s historically Black community.
In the weeks leading up to the commission’s vote, residents strongly opposed the plan, warning that it would bring increased traffic, parking problems, noise and other disruptions to some of the West Grove’s most historic streets.
The case follows an earlier rejection of the requested zoning approvals by the city’s Planning, Zoning and Appeals Board. A motion to approve the county’s application received five votes in favor and four against but fell short of the six votes required.
Miami-Dade County appealed that decision to the City Commission, which unanimously approved the exceptions and waivers needed to advance the project in July.
Read more: Miami City Commission Approves Playhouse Plan
The petitioners argue that the City Commission used the wrong legal framework in reaching its decision and failed to adequately establish that the county’s plan complied with the city’s zoning code.
Among their arguments, the petitioners claim the city improperly used zoning exceptions to allow an overwhelmingly commercial project on property zoned Civic Institutional and approved the project without adequate evidence of its impact on the surrounding residential neighborhood.
They also argue that the city failed to adequately consider potential traffic, parking, noise, lighting and other effects on nearby homes. And they challenge the city’s decision to require an updated traffic study after approving the project, arguing that the analysis should have been completed before commissioners determined whether the project met the city’s zoning requirements.
The petition also challenges the county’s authority to apply for the zoning approvals. The Playhouse property is owned by the state of Florida and has been leased to Miami-Dade County since 2014. The petitioners argue that the county failed to provide documents required by the city when an applicant is not the property owner, including an Authorization to Act and a notarized Hold Harmless Agreement from the owner — which, in this case, would be the state.
David Winker, the attorney representing the residents, said in an interview after filing the petition that many of the petitioners’ complaints can be summed up as “the city just ignoring its own rules.”
“This should all get undone,” he said. “They should start all over again, do it properly, you know, and let’s see where we end up.”
Winker said the legal action is not an effort by residents to block redevelopment entirely, but a request that the city and county follow the appropriate zoning rules throughout the development process. Petitioners also hope to encourage the county to reshape the project so it does not overwhelm historic Charles Avenue and nearby West Grove residents, Winker said.
“They’re asking for so little,” he said.
The petition asks the court to overturn the commission’s approval and send the matter back to the city for further proceedings.
Winker estimated the court could take six months to a year to reach a decision. In the meantime, he said he plans to seek an injunction that would pause development at the site while the legal challenge is pending.
Sinclair Holian is a Spotlight reporter and Report for America corps member covering gentrification and development in Coconut Grove. She joins us through our partnership with Report for America, a national organization that places journalists in local newsrooms across the United States.
