2002-24953 Reso
RESOLUTION NO. 2002-24953
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
NOTICED PUBLIC HEARING, APPROVING AND AUTHORIZING
THE VACATION OF APPROXIMATELY SIXTY (60) SQ. FEET OF
SOUTH LINCOLN LANE, ADJACENT TO THE COLONY THEATER,
LOCATED AT 1040 LINCOLN ROAD, FOR THE CONSTRUCTION OF
COLUMN PILASTERS, IN RESTORATION OF THE ORIGINAL
HISTORIC DESIGN OF THE THEATER; FURTHER WAIVING, BY
517THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS SET FORTH IN ORDINANCE 92-2783,
GOVERNING THE SALE/LEASE OF CITY-OWNED PROPERTY.
WHEREAS, the City owns the Colony Theater located at 1040 Lincoln Road
(Property); and
WHEREAS, in order to render the Property more viable and to meet the -
Accessibility and Building Code requirements, an addition and reconstruction of the theater
is required; and
WHEREAS, the Property which was constructed in 1935 is designated as a historic
property located within the Flamingo Park Local Historic District; and
WHEREAS, the Historic Preservation Board, after reviewing the proposed re-
construction and addition plans during its meeting on July 10, 2001, required the addition
of column pilasters projecting a maximum of one (1) foot from the building, to maintain
the historic features of the Property; and
WHEREAS, to accommodate four (4) such pilasters on South Lincoln Lane, a strip
of one (1) foot by sixty (60) feet of the City alley must be vacated; and
WHEREAS, notwithstanding that both the property to be vacated and the Colony
Theater are City-owned, it was recommended, as the City was seeking to vacate a de
minimus portion of public property to comply with the Historic Preservation Board's Order
with respect to the Property, that the Administration would observe the City's procedures
for vacation of public rights-of-way; and
WHEREAS, the City has complied with said procedures, and, additionally, with
Ordinance 92-2783, governing the lease/sale of public property; and
Page 1 of2
WHEREAS, accordingly, following a duly noticed public hearing on July 31,
2002, the Administration would recommend that the City Commission approve the
aforestated vacation and, additionally, the waiver of the competitive bidding and appraisal
requirements pursuant to Ordinance No. 92-2783, finding such waivers to be in the best
interest of the City,
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, following a duly noticed public hearing, herein authorize the
vacation of a one foot wide strip of South Lincoln Lane, adjacent to the south sixty (60)
feet property line of Lot 12, Block 47 of Lincoln Subdivision, according to the plat thereof,
as recorded in Plat Book 9, Page 69 of the Public Records of Miami-Dade County, Florida,
for the construction of column pilasters, in restoration of the original historic design of the
Colony Theater; and further waive, by 5/7ths vote, the competitive bidding and appraisal
requirements, as set forth in ordinance 92-2783, governing the sale/lease of city-owned
property.
PASSED and ADOPTED this 31st day of July ,2002
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CITY CLERK
ATTEST:
F:\WORK\$ALL\VGK\COMMEMO\V ACA1E\COLONYVACRESO.doc
APPROVED AS 10
FORM & lANGUAGE
& FOR EXECUTION
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LI N COLN LANE
CITY OF MIAMI BEACH ~
NOTICE"Oi= A PUBL~ HEARiNG " ~ '
NOTICE IS- HEREBY given that a pubnc, ~earln!f'YIlli<be!ietd ,bY~hEl city
Commission of the City of Miami Beach, in the eomroissionChambers,3rd
floor, City Hall, '1700 Convention 'CenteiOrlve,'Mjeml'Beach.Fiorida, on
Wednesday, July 31, 2002 at 10:30 a,m" to consil1!ir~pi:ibiic comment, as
required by Ordinance' No. c, 92-2783, ,regarding th,e< vaCation of
approximately, 60 Square Feet;,of South ,Lincoln Lane, j!djai:ei1t to the
Colony-Theater h~cated at t 040lincoln Road, '
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INQUIRiE$ maybe directed to'ihllPublic Works Dep~rlrif~;;t
at (305)673-7980, ' '
. ,_c-'_,~_ ',', _ ',:-" ", _ ,._.,-..,< ,F'_" '. '.' _ ,', '.
AlllNTEREStED PARtIES~are InvltEKI toapp~d!,thiS' tiearl~g be
repr.nted by' an agent, or to express ,!I181r Views In 'wtillng'addreslied 10,
lI! 'Commlssion,c;;Iothe,Clty Clerk, t700COnventlon Center Drive, tst
, City Hall, 'Miam.I Beach; Florida 33139, This meeting may be
ed and under such 'Circumstances additional, legal notice wouldltot
, ded, , >.' , -L .'<~;~>;J">" ',.'
. ,,", ' 'Robert ,e,f1aicher, City Clerk
" , ,",', ,;f<'->->" -';~f,::'-;~jg:',->:,:>'r1Y'c~~~~~~, ",' ..0'
Pursuant'to ~ectlon 2~,0105'F\a~St8t, the R,iIy ~~,i,bY:.~s the pubild'
t~at: ,If a perso~dec!~es,clo }i~a1 any 'dEil;is,lcinro,a~,by' the City.
Coml1)isslon wlthres~loawmatterconsidered ,at its meeting 'or Its
hearing, Sucli, ~~!);:~;.::enSure, 'that"~:,:Vertiat!fu:'. record : C?' the
proceedlngslsmade,wtlf!lh:recordjncludeS:.the)~1iY. and evidence '
upon whlch,thl(appeallS:kl be based. Thisnoij~.idOllsnotcons!iMe
consent, by the ' c;1ty , fOr 'the )nt'r09\1ct1o;,of;a:dm,lsi!fo~';':b1'othe[w1se
Inadmissible 'or i,Irrelevant, evidence, ~ nor does ,11 81JttTOriZllGhallengesor
aP:Pl!~I;"not~,~:Istl."n9.7d ~-~Y:~yi ,,' ';.\Etli1ij~i~j:, ; ',:.',
In accordancewilh )heAmericans \vlth Oisabliities Act 01 1990, persons
needing special accommodation 10 perliclpate hi this proceeding should
. contact the City Clerk's office no' later than fout days prior to the
, proceeding, Telephone (305) 673-7411 for' assistance; if hlll!ring impaired,
telephone the Florida Relay Service numbers, (800) 955-8771 (TOO) or
(800) 955-8770 (VOICE), for assistance,
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution ofthe Mayor and City Commission authorizing the vacation of approximately 60 square feet of
South Lincoln Lane adjacent to the Colony Theater, located at 1040 Lincoln Road.
Issue:
Shall the City vacate the 60 square feet of South Lincoln Lane adjacent to the Colony Theater?
Item Summary/Recommendation:
The Colony Theater, owned by the City's RDA, is undergoing a major renovation and building addition. At
the Historic Preservation Board meeting of July 10, 2001, the Board required the construction of projecting
column pilasters, to restore the original historic building design. The theater building and its addition are
being built up to the limits of the right-of-way providing maximum use of the property. The required (4)
column pilasters, will be projecting into South Lincoln Lane a maximum of 1 foot. A vacation of a small
piece of right-of-way is appropriate to enable the construction to proceed.
The Administration recommends approving the Resolution.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
D .2
3
4
Finance Dept. Total
.
City Clerk's Office Legislative Tracking:
I Gary Kokorian
Sign-Offs:
Department Director
T:\AGENDA\2002\JUL3102\REGULAR\CS-ColonyVac.doc
AGENDA ITEM
DATE
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7-3/-0::L
CITY OF MIAMI BEACH
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fJ.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: July 31, 2002
Members of the City Commission
Jorge M. Gonzalez J' ~c-/
City Manager [)
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING, APPROVING AND AUTHORIZING THE VACATION
OF APPROXIMATELY SIXTY (60) SQ. FEET OF SOUTH LINCOLN
LANE, ADJACENT TO THE COLONY THEATER, LOCATED AT 1040
LINCOLN ROAD, FOR THE CONSTRUCTION OF COLUMN PILASTERS,
IN RESTORATION OF THE ORIGINAL HISTORIC DESIGN OF THE
THEATER; FURTHER WAIVING, BY SITTHS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS, AS SET FORTH IN
ORDINANCE 92-2783, GOVERNING THE SALE/LEASE OF CITY-
OWNED PROPERTY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Colony Theater, located on the corner of Lincoln Road and Lenox Avenue was
constructed in 1935, and is designated as a historic property located within the Flamingo
Park Local Historic District.
In early 1999, Miami-Dade County Cultural Affairs Department engaged the Zeidler
Roberts Partnership, Inc., to develop conceptual plans and cost estimates for the
expansion and renovation of the Theater.
On March 6, 2000, the Department of Management Services (DMS), construction
managers for the Colony Theater, authorized R.J. Heisenbottle (Architect), to proceed
with programming and conceptual/advanced schematic design phases for the expansion
and renovation of the Colony Theater. Design Development was the subject of an
extensive programming phase, with input received from the operator and users of the
Colony Theater, City's Historic Preservation Officer, Property Management and the
Planning and Zoning Department.
On the July 10, 2001 Historic Preservation Board meeting, proposed plans for the
reconstruction of the Colony Theater were submitted. The Board's Order following this
meeting required the construction of column pilasters on all sides of the building to
restore the original building design. Since the building will be built up to the limits of the
right-of-way, the architectural/historic column pilasters will be projecting within the alley a
maximum distance of 1 foot.
As the one foot encroachment is into City right-of-way, a vacation of this portion of right-
of-way is necessary to allow construction to proceed (see attached sketch.)
On the July 10, 2002 Commission meeting Resolution No. 2002-24915 was adopted
scheduling a public hearing on July 31, 2002 to consider this vacation. Notices were
mailed to property owners within the 375 ft. radius.
ANALYSIS:
Public Works has reviewed City utility records, and found no conflict with existing utilities
for the vacated area. The proposed projecting column pilasters will be limited to above
ground and therefore will not impact underground usage of this strip in the future.
South Lincoln Lane is a 20 foot wide right-of way, and like most alleys in the City, which
have projecting utility poles and appurtenances, it will allow vehicular access primarily in
one direction only. A maximum of 12 feet is ample access-way for a single traffic lane
which will be available within the remaining 19 feet of the alley. Parking in the alleys is
not permitted and a "no parking" sign should be posted at this location.
CONCLUSION:
The Administration recommends that the City Commission authorize the vacation of 1
foot by 60 feet of South Lincoln Lane adjacent to Lot 12 Block 47 of Lincoln
Subdivivision, for the construction of architectural/historic column pilasters at the Colony
Theater.
Attachment
JMG/RCM/FHB/MAlA VNGK
T:\AGENDA\2002\JUL3102IREGULARICOLONYVAC.doc