Just when the long-running battle over the Coconut Grove Playhouse seemed to be nearing a resolution, it is headed back to court.<\/p>\n
West Grove residents are asking a panel of judges to overturn the Miami City Commission\u2019s unanimous July 9 approval of Miami-Dade County\u2019s $59 million plan to rebuild the historic theater.<\/p>\n
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\u2019s decision to greenlight the county\u2019s redevelopment plan, which would restore portions of the historic theater and add shops, offices and parking.<\/p>\n
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\u2019s historically Black community.<\/p>\n
In the weeks leading up to the commission\u2019s 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\u2019s most historic streets.<\/p>\n
The case follows an earlier rejection of the requested zoning approvals by the city\u2019s Planning, Zoning and Appeals Board. A motion to approve the county\u2019s application received five votes in favor and four against but fell short of the six votes required.\u00a0<\/p>\n
Miami-Dade County appealed that decision to the City Commission, which unanimously approved the exceptions and waivers needed to advance the project in July.<\/p>\n
The petitioners argue that the City Commission used the wrong legal framework in reaching its decision and failed to adequately establish that the county\u2019s plan complied with the city\u2019s zoning code.<\/p>\n
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.<\/p>\n
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\u2019s 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\u2019s zoning requirements.<\/p>\n
The petition also challenges the county\u2019s 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 \u2014 which, in this case, would be the state.<\/p>\n
David Winker, the attorney representing the residents, said in an interview after filing the petition that many of the petitioners\u2019 complaints can be summed up as \u201cthe city just ignoring its own rules.\u201d<\/p>\n
\u201cThis should all get undone,\u201d he said. \u201cThey should start all over again, do it properly, you know, and let\u2019s see where we end up.\u201d<\/p>\n
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.<\/p>\n
\u201cThey\u2019re asking for so little,\u201d he said.<\/p>\n
The petition asks the court to overturn the commission\u2019s approval and send the matter back to the city for further proceedings.<\/p>\n
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.<\/p>\n