2001-24528 RESO
RESOLUTION NO. 2001-24528
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AFFIRMING THE
DEVELOPMENT REGULATIONS PERTAINING TO THE
COLONY THEATER, AND WAIVING CERTAIN OF THESE
REGULATIONS PURSUANT TO SECTION 142-425(D) OF THE
CODE OF THE CITY OF MIAMI BEACH, IN ORDER TO
PRESERVE THE COLONY THEATER'S ARCHITECTURAL
INTEGRITY AND TO UPGRADE ITS USE AS A FULLY
FUNCTIONAL, ADA COMPLIANT, PERFORMANCE FACILITY.
WHEREAS, the City of Miami Beach owns the Colony Theater, an Art Deco landmark,
which significantly contributes to Miami Beach's unique, cultural arts lifestyle; and
WHEREAS, Miami-Dade County, the State of Florida and the United States Department
of the Interior have given grant funds for the renovation of the Colony Theater; and
WHEREAS, the City's Planning and Zoning Director has determined that the Colony
Theater, which is zoned GU or municipal use, should be reviewed under the surrounding
area's existing zoning regulations for CD-3 or commercial high intensity; and
WHEREAS, pursuant to Section 142-425 (d) of the Code of the City of Miami Beach,
Florida, the City Commission may waive certain development regulations; and
WHEREAS, the rear addition of the proposed stagehouse exceeds the fifty foot
maximum height regulation by twenty feet and eleven inches and, thus, a waiver for such
additional height is required; and
WHEREAS, the addition of the proposed stagehouse will be built to the property line
along the alley and does not meet the five foot rear setback regulation and, thus, a waiver
of the setback regulation is required;
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida affirm the development regulations
pertaining to the Colony Theater, and waive certain of these regulations as set forth above,
pursuant to section 142-425(d) of the Code of the City of Miami Beach, in order to preserve
the Colony Theater's architectural integrity and to upgrade its use as a fully functional, ADA
compliant, performance facility.
APPROVED AND ADOPTED THIS 18th DAY OF 1IJIJt' 2001.
ATTEST: MAYOR
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CITY CLERK & FOR execUTION
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15 SUNDAY, JULY 1, 2001 The Herald us
CITY UF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ro
......
NOTICE IS HEREBY given that public hearings will be held by the citY Commission
of the City of Miami Beach on Wednesday, July 18. 2001, lit the Umee Ileted
below, in the Commission Chambers, 3rt! Floor,. City Hall, 1700 Convention Center
Drive. Miami Beach. Florida. I
i
at 10:30 a.rn.: I
TO CONSIDER A LEASE AGREEMENT BETWEEN THE CITY ANO THE SCHOOL ,
BQARO OF MIAMI-OADE COUNTY FOR THE USE OF THE FLAMINGO PARK l
BASEBALL STADIUM BY THE MIAMI BEACH SENIOR HIGH SCHOOL BASEBALL
TEAM DURING ITS BASEBALL SEASON (A MAXIMUM OF 118 DAYS)
IINCLUOING ANNUAL RENEWAL INCREASES AND ADDITIONAL CHARGES, AS !
. STIPULATEO IN THE AGREEMENT, SAID LEASE AGREEMENT ,HAVING A TERM B
OF FOUR (4) YEARS ANO 364 DAYS. PURSUANT TO ORDINANCE NO. 92-2783. ,
GOVERNING THE SALEI1.EASE OF CITY-OWNED PROPERTY. i
! Inquiries may be directed to the Parks and Recreation DIvIslon at (305) 673-n20.
I "":00..m.:' . . .
-V TO AFFIRM THE OEVELOPMENT REGULATIONS PERTAINING TO THE COLONY
-'\' THE:ATER. AND TO. WAIVE CERTAIN 'DEVELOPMENT REGULATIONS
PURSUANT TO SECTION 142..25 (0) OF THE COOE OF THE CITY OF MIAMI
BEACH, IN ORDER TO PRESERVE THE COLONY THEATER'S ARCHITECTURAL
INTEGRITY AND TO UPGRADE ITS USE AS. A FULLY.FUNCTIONAl, ADA
COM~LAtNT, PERFORMANC!= ARTS FACIUTY., .
Inqulrt.. may be directed to thlit Community/EconOmic Development Department at
. (305) 673-7193. .
ALL INTERESTED PARTIES are invited to appear al this meeting, or: be
represented by an agent. or to express their views in writing addressed to the City
Commission, c/o the City Clerk, 1700 Convention Center Drive; 1st Ftoor, City Hall,
Miami Beach, Florida 33139. This meeting may be continued and under- such
circumstances additionaf legal notice would not ~ provided.
Robert E. Parcher, City Clerk
Olty of Miami Beach ...
Pursuant to Section 28e.01"OS, Fla. Stat., the City hereby advises ihe public-that if"a
person. decides to appear any -decision made by the City Commission with respect to :
any matter considered at lis meeting or Its hearing, such person. must ensure that a ,i
verbatim record of the proceedings is made, which record includes the testimony l
and evidence upon which the appeal is to be basad. This notice does not constitute I
consent by the City for the introduction or admission of otherWise inadmisslbte or .
irreleVant evidence, nor does It authorize challenges or appeals not otherwise 1
allowed by law. _
In accordance with the AmeriCans with Disabilities Act of 1990, persons needing
spectal accommodation to participate In thIS proceeding should contact the City
Clerk's office. Telephone (305) 673-7411 tor assistance; if hearing lmpalred,-I
telephone the Acrida Relay Service numbers, (800) 955-8n1 (TOO) or (800) 955- I
ana (VOICE), for assistance. . - . .', I
Ad Number 0034 _
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WNW.ci.miami-beach. f1.us
COMMISSION MEMORANDUM NO. tttO-Df
To:
From:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez '\ ~ A ~
City Manager QI/"'V 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AFFIRMING THE DEVELOPMENT REGULATIONS
PERTAINING TO THE COLONY THEATER, AND WAIVING CERTAIN OF
THESE REGULATIONS PURSUANT TO SECTION 142-425(D) OF THE CODE
OF THE CITY OF MIAMI BEACH, IN ORDER TO PRESERVE THE COLONY
THEATER'S ARCHITECTURAL INTEGRITY AND TO UPGRADE ITS USE AS
A FULLY FUNCTIONAL, ADA COMPLIANT, PERFORMANCE FACILITY.
Date: July 18, 2001
Subject:
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution
ANALYSIS
The Colony Theater is an Art Deco landmark, listed on the National Register of Historic
Places. It was built in 1934 by Paramount Pictures as a "movie house." The city acquired
the theater as an estate gift of Samuel Kipnis and partially renovated it in 1981 and 1990.
Currently, the Colony Theater is the most successful theater of its size in South Florida.
It is part of Miami-Dade County's Performing Arts Center Trust agreement and is a cultural
facility recognized by the Florida Department of State. Further, the United States
Department of the Interior has included the Colony Theater in its Save America's
Treasures campaign, recognizing its historic value.
The Colony Theater, located at 1040 Lincoln Road, is currently zoned for municipal use.
As is normally required, the City Commission must affirm the Planning and Zoning
director's determination that this municipal site should be reviewed under the area's
existing zoning regulations of CD-3 or commercial high intensity.
The Administration also requests waivers for certain development regulations. The City's
Architect, RJ Heisenbottle, has exhausted attempts to design the Colony Theater's
renovation within the parameters of the existing footprint of the building. Because the
Colony Theater has never been substantially altered from its use as a cinema, to achieve
fly-space, a vital element of a performance theater, there must be an "addition" to the
AGENDA ITEM
DATE
R7c
7-{$j'-O(
The Colony Theater
July 18, 2001
Page of 2 of 2
structure. The most feasible and inexpensive method to achieve this is to demolish the
back of the house, which is riddled with asbestos and other code and fire violations, and
to build a vertical addition, which accommodates fly-space, technical storage and dressing
rooms. The top of the roof will be seventy feet and eleven inches. This exceeds the
maximum height restriction by twenty feet and thus a waiver is required.
A waiver of the five foot rear setback is also required. The new back of the house addition,
which abuts the access street South Lincoln Lane, must be expanded to the property line
on the south side to accommodate an elevator for ADA access and to expedite equipment
handling.
The Colony Theater was scheduled before the Historic Preservation Board on July 10,
2001 to obtain a certificate of appropriateness. Previously, the Historic Preservation Board
discussed the height issue during a preliminary evaluation of the Colony Theater's design
documents at their June 12, 2001 meeting. HP Board members noted that the public
purpose of the building was primarily a nonprofit, cultural center and that the addition of
height in this specific instance was quite distinct from the addition of height to generate
profit by developers. Also noted as a mitigating factor was the height of several structures
in the block west of the Colony Theater, which exceed 75 feet.
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