Appellate Court Orders Review of Brickell Church Development Process

An appellate court has overturned city decisions that prevented IconBrickell residents from participating in the review of a major development at Brickell's historic First Miami Presbyterian Church, setting the stage for renewed proceedings on the project.

The three-judge panel ruled unanimously on July 16 that IconBrickell Condominium No. Two Association was wrongly denied intervenor status during the city's historic preservation review process. The decision sends the matter back for further proceedings, though it does not halt the planned 619 Brickell, a 75-story tower with 296 residential units.

The church had applied in July 2023 to remove an educational building and parking lot from the historic designation covering its three-acre property at 609 Brickell Ave. The City of Miami designated the entire property historic in 2003, including the Mediterranean Revival-style church built in 1949, the educational structure, and the rear parking area.

At a December 3, 2024 hearing before the city's Historic and Environmental Preservation Board, Alan Barson, representing Icon 2's board of directors, requested the right to formally participate in the proceeding. The board voted 5-3 to deny the request, then unanimously approved removing the educational building and parking lot from historic protection. When the condominium association appealed to the City Commission, officials denied the appeal on April 10 for lack of standing.

The appellate court found that Icon 2 met the requirements for participation under city code. The association's property sits within 500 feet of the church, approximately 160 feet away across Brickell Park. With 560 units and roughly 1,300 residents, Tower 2 represents the closest of the three IconBrickell structures to the development site.

Judges determined that Icon 2 demonstrated interests distinct from the general public, including potential impacts from construction noise, dust, debris, pollution and air quality concerns. The association also cited possible effects on property values and Brickell Park, which the IconBrickell Master Association maintains.

Under city code, eligible intervenors can present evidence, call and question witnesses, introduce exhibits, respond to evidence from other parties, and make final arguments. The court concluded that both the HEP Board and City Commission violated procedural due process by denying these participation rights.

First Miami Presbyterian dates to 1896, when Miami's first formal Presbyterian congregation formed as the city developed. Henry Flagler helped fund the congregation's first permanent building in 1900. The current church structure has served the community for more than 75 years at its Brickell Avenue location.