2001-24474 RESO
RESOLUTION NO. 2001-24474
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO AFFIRM THE DEVELOPMENT REGULATIONS
PERTAINING TO THE COLONY THEATER, AND TO WAIVE
CERTAIN DEVELOPMENT REGULATIONS PURSUANT TO
SECTION 142-425(0) 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 ARTS FACILITY.
WHEREAS, the City of Miami Beach owns the Colony Theater, an Art Deco landmark
on the National Register of Historic Places, which is the most successful theater of its size
in South Florida and 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 provided grant funds for the renovation and restoration of the Colony Theater
to preserve its architectural integrity and to upgrade its use as a fully functional, ADA compliant
performance arts facility; 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 of these 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; and
WHEREAS, as this process requires a public hearing, mailed notice, posting and
advertisement to hear the proposed waiver in a timely manner at its July 18, 2001 meeting,
the Administration requests that the public hearing be set at this time;
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 set a Public Hearing to affirm the
development regulations pertaining to the Colony Theater, and to waive certain development
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
1
Colony Theater
June 27,2001
its use as a fully functional, ADA compliant, performance arts facility, on Wednesday, July
18,2001 in the City Commission Chambers at 1700 Convention Center Drive, Miami, Beach,
Florida, and the City Clerk is hereby authorized and directed to publish and distribute the
appropriate public notice of said public hearing at which time all interested parties will be
heard.
APPROVED AND ADOPTED THIS 27th DAY 011' 2001.
ATTEST: MAYOR
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CITY CLERK
APPROVED AS TO
FORM & lANGUAGe
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WW'W.ci .miami~beach.f1.us
COMMISSION MEMORANDUM NO.
~ '1)"--01
From:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez ~-&i;L..
City Manager
Date: June 27, 2001
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO AFFIRM THE
DEVELOPMENT REGULATIONS PERTAINING TO THE COLONY THEATER,
AND TO WAIVE CERTAIN DEVELOPMENT REGULATIONS PURSUANT TO
SECTION 142-425(0) 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 ARTS FACILITY.
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 Administration requests a public hearing to be set for July 18th, 2001 to decide zoning
regulations that will govern the renovation of the Colony Theater located at 1040 Lincoln
Road. Currently, the site is zoned "GU" or municipal use. As is normally required, the City
Commission must affirm the Planning and Zoning Director's determination that this "GU"
site should be reviewed under the area's existing zoning regulations of CD-3 or commercial
high intensity.
The Administration also requests that at the July 18th public hearing that waivers for
certain development regulations be granted. 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
Agenda Item L 7 F
Date tI-,;!..}-O(
The Colony Theater
June 27, 2001
Setting Public Hearing
theater, there must be an "addition" to the 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 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.
The Historic Preservation Board did not take any formal action at the June 12, 2001
meeting but did support in concept the waiver of development regulations for height and
setback. The Board also provided other design comments not related to the waivers. The
Colony Theater Architect, RJ Heisenbottle have filed an application for a Certificate of
Appropriateness that will be heard at the July 10, 2001 Historic Preservation Board
meeting for formal action.
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