Resolution 2018-30531 RESOLUTION NO. 2018-30531
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE REGARDING STOREFRONT WINDOW COVER
INCLUDING AUTHORIZING THE CITY TO PURCHASE ADDITIONAL
STOREFRONT WINDOW COVERINGS UTILIZING THE EXISTING
COVERING DESIGN, AND AUTHORIZING THE ADMINISTRATION TO
UTILIZE FUNDS PREVIOUSLY ALLOCATED TO NORTH BEACH
CORPORATION DURING THE 2017/2018 AND 2018/2019 FISCAL
YEARS, TOTALING $36,000.
WHEREAS, during the April 20, 2018 Finance and Citywide Projects Committee ("FCWPC")
meeting, the Committee discussed the issue of ground floor storefront vacancies throughout many of
the major commercial corridors in Miami Beach; and
WHEREAS, the FCWPC directed Staff to create a catalog of the number and location of
vacancies among major corridors — North Beach 63fd — 70`h, 41st Street, Washington Avenue, Ocean
Drive and Lincoln Road ("studied areas"), and to look into creative ways and ideas to address
vacancies and increase the vibrancy throughout commercial districts; and
WHEREAS, during the FCWPC meeting on July 2791, 2018, the Administration explained its
outreach efforts, and challenges that brokers and property owners faced in finding new tenants; and
WHEREAS, current conditions for the studied areas do not attract new and emerging
businesses; and
WHEREAS, the FCWPC concluded that creative marketing and branding of the City needs to
be prioritized in order to increase and promote businesses to move into the studied areas, as
businesses are leaving the Beach as consumers believe, they can receive a better value (more space
for less)with less traffic; and
WHEREAS, the business community expressed concerns over poor lighting and lack of
parking as a barrier to a success business within the studied areas; and
WHEREAS, Miami Beach used to be the dominate municipality for entertainment, however, in
recent years, the competition has grown through the County; and
WHEREAS, proposed capital improvements in the pipeline will be able to address many of the
issues the businesses within the studied areas are facing including such improvements as: sidewalk
enhancements, increased lighting, and bike lanes; and
WHEREAS, independent stores are competing in the world of big box stores, and they are
struggling to survive due to the competition from these big stores; and
WHEREAS, starting a business and converting a property from one industry to the next (retail
to restaurant) is financially burdensome, especially for small startups; and
WHEREAS, during the September 14, 2018 FWCPC meeting, the Administration advised they
would work, in partnership with the Small Business Task Force ("Task Force"), to identify City
measures that would help streamline the business start-up process; and
WHEREAS, the Administration suggested creative alternatives to better support the small
business community in addressing storefront vacancies including a "Curated Storefront Initiative," to
encourage small-scale manufacturing, Pink Zones, revising Section 138-140 of the City Code to
require the use of approved Miami Beach storefront coverings, an "Anchor Tenant Incentive
Program," and a "Grand Opening Assistance Program"; and
WHEREAS, FCWPC recommended the Administration to draft an ordinance to revise Section
138-140 of the City Code with respect to storefront covers to require such covers be the approved
covers of Miami Beach and require the discontinuation of the use of brown window paper coverings;
and
WHEREAS, the FCWPC recommended that staff return to the FCWPC with updated window
covering designs that would appeal to and reflect the image of the City; or in the alternative, to
present up to three window covering design options that reflect the unique spirit of South Beach, Mid-
Beach and North Beach, which designs would also include an area for owner/realtor information; and
WHEREAS, the FCWPC recommended that the Administration utilize $18,000 from Fiscal
Year 2017/2018, and $18,000 from the Fiscal Year 2018/2019 funds originally allocated to North
Beach Development Corporation, to purchase additional window coverings with the City's existing
design to be provided to the Community; to amend Section 138-140 of the City Code to require use of
the City's storefront covering; and to design new City design coverings.
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 hereby accept the
recommendation of the Finance and Citywide Projects Committee regarding storefront window cover
including authorizing the City to purchase additional storefront window coverings utilizing the existing
covering design, and authorizing the Administration to utilize funds previously allocated to North
Beach Corporation during the 2017/2018 and 2018/2019 fiscal years, totaling $36,000.
PASSED and ADOPTED this 17th day of October, 2018.
ATTEST:
an Gelber, Mayor
/d
P ti BF
APR u:LC AS TO
Rafael Granado, City ClerAvk
E. ,. '��� Z1
,�irr ."S < FORM & LANGUAGE
'u 8,- FOR EXELUTION
* 0 *
coir o ar o
x'V 'D ,:> Clay Attom= Dab
T72 /�`� /
Resolutions - C7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE REGARDING
STOREFRONT WINDOW COVERS INCLUDING THE CITY PURCHASE OF
MORE STOREFRONT WINDOW COVERING WITH THE EXISTING DESIGN,
USING FUNDS PREVIOUSLY ALLOCATED TO NORTH BEACH
CORPORATION FROM 2017/2018 AND 2018/2019, TOTALING $36,000.
RECOMMENDATION
The Administration recommends the purchase of storefront window coverings with 2017/2018 and
2018/2019 funds previously allocated to North Beach Corporation (NBCD). NBDC has informed the
City that it does not intend to use these funds at this time.
BACKGROUND:
This item was referred to the Finance and Citywide Projects Comnttee at the April 11, 2018 City
Commission meeting.
At the April 20, 2018 Finance and Citywide Projects Committee, the Committee discussed the issue
of ground floor storefront vacancies throughout many of the major corrrnercial corridors in Miami
Beach. There was discussion on ways to create registries to track vacant properties along with
possible incentives to help landlords lease out their properties.
The Committee directed City Staff to create a catalog of the number and location of vacancies among
major corridors - North Beach 63rd-70th, 41st Street, Washington Avenue, Ocean Drive, and Lincoln
Road. Additionally, they requested that Staff look into creative ways and ideas to address such
vacancies and increase vibrancy throughout our commercial districts.
Florida State Statue does not provide legislative authority to impose taxes on property owners with
vacant storefronts. Therefore, the City cannot impose a vacancy tax on empty storefronts without the
approval from State legislature. Staff has researched other possible solutions to encourage better
management of vacant storefront windows, and has included several options in the Analysis herein.
City staff completed a ground floor storefront survey within five commercial corridors (41st Street,
Lincoln Road, Washington Avenue, Ocean Drive, and the North End 63rd to 70th). A complete list of
those vacancies along with their full address and corresponding photos for each is attached (Exhibit
A).
The following counts were concluded:
Page 408 of 1637
41st Street: 8 vacancies
Lincoln Road (100 block- 1100 block): 23 vacancies
Washington Avenue (5th-15th Street): 55 vacancies
Ocean Drive: 10 vacancies
North End (63rd to 70th Street): 21 vacancies
Concurrently, Staff began further reviewing and researching background information for each of the
vacant storefronts, with the specific intent to identify the reason for extended vacancy and to identify
any barriers that might be alleviated at the City level. This study includes cross-referencing each
address with the City's BTR registry along with vetting each address through property appraiser and
Sunbiz to determine ownership. We also reviewed all permits that are currently active with the
Building Department. A full spreadsheet of this information is attached (Exhibit B). Through this
process we were able to identify that 15 of the properties mentioned above had active permits and
were currently under construction or in the process of redevelopment.
This information allowed for Staff to begin outreach to better understand the challenges and issues
brokers and property owners have been facing in finding new tenants. Staff contacted all of the
brokers that were identified through Sunbiz and/or property appraiser that represented the properties
surveyed. Unfortunately, many of these representatives did not provide information or respond to our
inquiries. Therefore, we began to survey additional industry professionals in the community
(Business Improvement District, Miami Beach Chamber of Commerce, and individual property
owners in Miami Beach).
Staff used the following set of questions to guide the conversations within our outreach:
1. How long has this property remained vacant?
2. What have been some of the challenges you have faced in leasing this space?
3. Did the previous tenant disclose to you why they decided to leave this space?
4. Do you have any ideas for how the City could help better support your efforts in finding a new
tenant?
5. Do you represent other commercial spaces in Miami Beach? If so, do you have the same
challenges in leasing those spaces?
A summary of the feedback and its associated corridor is below:
• The current conditions of the street do not attract new and emerging businesses (Washington
Avenue, 41st Street)
• Creative marketing and branding of our City needs to be a priority to increase and promote
businesses (North Beach, Washington Avenue)
• People are leaving for the mainland, they can receive a better value (more space for less) with
less traffic (City-wide)
• Poor lighting and lack of parking are a barrier(North Beach)
• Miami Beach used to be the dominating municipality for entertainment, the competition has
grown throughout the County
• Capital improvements in the pipeline will be able to address many of the issues the streets are
facing sidewalk enhancements, increased lighting, bike lanes (41st Street, Lincoln, Washington)
• Independent stores are competing in the world of Amazon, they are struggling to maintain the
Page 409 of 1637
rent with loss of demand (Lincoln Road)
• Starting a business and converting a property from one industry to the next (retail to restaurant)
is financially burdensome, especially for small startups (City-wide)
The Administration reviewed the aforementioned feedback with the Committee at the July 27, 2018
meeting. The Committee directed staff to further explore the internal processes and barriers to
business start-up.
ANALYSIS
During the September 14, 2018 FCWPC meeting the Administration shared that it continues to work
in partnership with the Small Business Task Force ("Task Force)to identify City measures that would
help streamline the business start-up process (including Business Tax Receipt, Sidewalk Cafe
Permitting, and other City regulatory requirements).
The Administration discussed that the City was to participated in the first National Small Business
Association (NSBA) Southern Region Listening Summit on September 27, 2019 where businesses
where to share their national, regional and local concerns on topics such as tax issues, workforce
trends, employee benefits, cybersecurity, data safety and net neutrality.
To better identify the current challenges faced by small businesses opening, expanding or relocating
in Miami Beach, a Small Business Survey was developed (by the Taskforce) and was to be
distributed in late September as a way to inform the Task Force. The survey was to be sent
electronically by the City to the BTR list as well as distributed by the Miami Beach Chamber of
Commerce to their members.
The results of the survey, with a projected to end late October 2018, will be analyzed and reviewed
by the Task Force and further presented to this Committee. This will allow the administration to
determine which internal process(es) presents a barrier to the business start-up process. In addition,
the Administration shared that a more comprehensive business survey will be issued in 2019.
Staff additionally suggested other creative alternatives for better supporting our small business
community in addressing storefront vacancies. Below are concepts for consideration:
Curated Storefront Initiative: Create a series of ongoing exhibitions that will activate unused
storefronts through multimedia art installations. Options include inviting local arts organizations to
activate the windows; working with Cultural Affairs to commission artist installations, and working with
local BIDS to provide funding for either or both of these options. The Lincoln Road BID has
partnered with Miami City Ballet and the Botanical Garden to create similar activations recently.
In addition, the 41st Street Committee specifically recommended that the curated storefronts include
activations by cultural organizations, with preference for local Miami Beach cultural organizations.
The Committee also recommended the idea of commissioning local artists and put forward a new
idea of pronation of art and photography by Miami Beach schools.
Some of these activities may have an associated cost if the City were to subsidize the cultural
organizations or the artists. In this case, the estimated cost would be$5,000 per window.
The City could pilot this concept out in three commercial corridors-- North, Mid, and South Beach,
activating a number of storefronts in each cord dor.
Estimated Cost:$15,000-$75,000 depending on a range of 1 to 5 windows in each area.
Page 410 of 1637
Encourage Small-Scale Manufacturing: Review of current zoning regulations and expand the
industrial/warehouse zoning allowance to other commercial corridors. Encouraging Wore small-scale
manufacturing (textiles, breweries, coffee roasters, tech labs) on main streets can foster
entrepreneurship and homegrown industries. These business create well-paying jobs for people with
a variety of education and skills levels and brings vitality to commercial districts. This also helps
diversify our employment base from just food and beverage.
Estimated Cost: Not applicable, this would require zoning changes through the approval of the City
Commission.
Pink Zones: Designate key commercial corridors in a state of transition as a "pink zone". The City
could pilot this concept out in either 41st Street, Washington Avenue and Town Center. By simplifying
zoning and building codes we are apply to better support businesses to emerge.
Cost: Estimated$50,000.00 to hire a consulting agency to assist the Administration in creating and
implementing a pink zone.
Storefront Coverings: Previously, the City had allocated some funding to produce CMB designed
window coverings for vacant storefronts, and provided these at no cost to vendors, landlords and
tenants. The last completed order was in April 2017, for 30 window wraps it cost the city $18,908.00.
However, that funding is no longer in place, so the City currently provides the template for this
printout, and costs of printing must be borne by the storefronts.
Administration recommends that the current the code be changed to only allow the following --with all
borne at cost of storefront owner not City:
• storefronts are expected to use the approved Miami Beach window covering
• any other window covering must be approved by the Planning department
• storefronts may use white panels provided that they cover windows from top to bottom as a
single panel
Under this scenario, brown paper is no longer a viable option.
Estimated Cost Not applicable, this would require changes to City Code through the approval of
the City Commission.
Anchor Tenant Incentive Program: Create an incentive grant based program for commercial
property owners and/or commercial tenants to assist with interior building improvements and business
start-ups. As a way to attract high quality businesses to our commercial corridors this program,
modeled from the Clearwater CRA, would allow eligible participants to apply for funding to help offset
interior building improvements and business costs that are typical barriers for new and emerging
businesses. The link below is the program model from Clearwater, Florida:
http://downtownclearwater.corniwp-contentluploads/2018/01/C RA-Anchor-Tenant-Program_Final.pdf
Estimated Cost Up to $25,000.00 in grant funds to eligible establishments. First year allocation of
$125,00a00 to allow for five grants in designated commercial corridors. Require a 2:1 match.
Page 411 of 1637
Grand Opening Assistance Program: A significant portion of the feedback received was regarding
the brand and narrative around Miami Beach and the increased competition throughout Miami-Dade
County. This program which has been adopted through the West Palm Beach Downtown
Development Authority, provides small grants to new businesses to help with their grand opening and
marketing. This would allow for them to create their unique narrative and help increase their visibility.
The link below is the program model for West Palm Beach, Florida:
http://www.downtownwpb,comtg rand-opening-assistance
Estimated Cost: Up to $3,000.00 per grant provided by the City First year allocation of$30,000.00
to allow for ten grants in designated commercial corridors.
1. requested addition research be done on the vacancies in the 41st Street, Lincoln Road,
Washington Avenue, Ocean Drive and North End corridors to identify the ration of vacancies to
open businesses and to identify the types of businesses that are open and that closed.
FCWPC asked the Administration to provide a list of other ideas, initiaitives, policies and programs
that could assist with the storefront vacancy issue including working with Communications with a
messaging program on storefront vacancies and how the wrapping is to be installed and utilized;
support attracting additional economic development unit professionals to assist with strategic
planning assistance; and stimulating feedback from the Taskforce and the MB Chamber of
Commerce in FCWPC October meeting.
FCWPC was also informed that the Administration is exploring the creation of a
Business Ombudsperson, who would be a single point of contact for the business community to the
City of Miami Beach and charged with responding and supporting the interests of the business
community and addressing questions, suggestions, complaints, and special projects such as
explaining government rules and regulations, helping entrepreneurs identify funding to launch/grow a
business, connecting entrepreneurs to free resources ranging from businesses courses to legal
services, and getting businesses on pre-qualified lists.
The FCWPC recommended the following:
1. Storefront Coverings:
o Bring back a draft ordinance to the Committee with recommended changes regarding
storefront coverings
o Administration to update the existing window covering design to make it more appealing
and reflective of the entire City or provide three window covering design options
that express the unique spirit of South Beach, Mid-Beach and North Beach; and provide
for clear text of owner/realtor information;
o Updated and/or new window covering design will be presented to FCWPC for
recommendation to City Commission.
o Administration to utilize $18,000 of the 2017/2018 and $18,000 of 2018/2019 funds
previously allocated to North Beach Development Corporation to purchase additional
window coverings with the existing design, to be provided to the Community, until Section
138-140 of the City Code is amended or a new design is developed and provide or create
storefront covering installation instructions for owners/realtors.
For the next FCWPC meeting, Staff will provide a list of other potential efforts, initiatives, programs
Page 412 of 1637
and incentives that could promote the business/commerical potential of specific corridors suffering
vacant storefronts; explore best practices through outreach to businesses, academic and subject
matter experts, and municipalities who have confronted similar concerns on developing programs to
help increase vibrancy and business retention, including updating this Committee on the Small
Business Survey results and initiatives recommended by the Small Business Task Force and other
stakeholders.
FCWPC would provide economic development resourcing and staffing recommendations to the City
Manager.
Should any of the above recommendations be adopted or pursued, funding would need to be
identified to support these programs.
CONCLUSION
The Administration supports the recommendation to provide exiting storefront covering while a new
design is being developed potential changes to the code are under review by FCWPC.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness, Historic
Assets, In Select Neighborhoods And Redevelopment Areas
FINANCIAL INFORMATION
$36,000 funded by North Beach Development Corporation FY 2017/18 and FY 2018/19
Legislative Tracking
Tourism, Culture and Economic Development
S�onsor
Commissioner Ricky Arriola and Vice-Mayor Mark Samuelian
ATTACHMENTS:
Description
❑ ExhibitA
❑ Exhibit B
Page 413 of 1637
ORDINANCE NO. 2016-4006
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 138 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SIGNS,' ARTICLE IV ENTITLED `TEMPORARY
SIGNS," AT SECTION 138-140 ENTITLED "VACANT
STOREFRONT COVERS AND SIGNS" TO MANDATE THAT
ALL VACANT STOREFRONT WINDOWS AND DOORS BE
WRAPPED IN NON-COMMERCIAL PAPER DESIGNS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, on May 9, 2012, the City Commission enacted Ordinance No.
2012-3767, creating Section 138-140 of the City Code, as the Commission was
concerned with the possible appearance of blight due to vacant storefront displays,
and the Commission declared that it was in the interest of the public health, safety
and welfare, and the interest of the citizens of Miami Beach, to establish policies,
regulations, and standards relating to vacant storefront windows and doors; and
WHEREAS, the City Commission found that vacant storefronts create
blighted economic and social conditions contrary to the viable and healthy
economic, aesthetic, and social fabric that the City has cultivated and encouraged
in its commercial zoning districts; and
WHEREAS, to encourage and regulate the screening of the interior of vacant
storefronts with aesthetically compatible and attractive material, to obscure the
deteriorated or deconstructed conditions of vacant storefronts, and to allow
temporary signs to be included on this material, the City Commission created
temporary sign criteria for wrapping and obscuring vacant storefronts from the
community; and
WHEREAS, the City Commission believes it is in the best interest of the
community to mandate the wrapping of vacant storefronts, rather than to leave this
decision to the storefront owner; and
WHEREAS, the City Commission also believes it is in the best interest of the
City to create an enforcement mechanism and penalties for violations of this
requirement; and
WHEREAS, the City Commission desires to amend Chapter 138, Article IV,
at Section 138-140 to accomplish the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Page 414 of 1637
SECTION 1. That Chapter 138, entitled "Signs," Article IV entitled "Temporary
Signs' at Section 138-140, entitled "Vacant storefront covers and signs," of the
Miami Beach City Code is hereby amended as follows:
CHAPTER 138
SIGNS
ARTICLE IV. TEMPORARY SIGNS
Sec. 138-140. Vacant storefront covers and signs.
(a) Purpose. Vacant storefronts create blighted economic and social conditions
contrary to the viable and healthy economic, aesthetic and social fabric that the city
has cultivated and encouraged in its commercial zoning districts. The purpose of
this section is to encourage and regulate the screening of the interior of vacant
storefronts with aesthetically compatible and attractive material, to obscure the
deteriorated or deconstructed conditions of vacant storefronts, and to allow
temporary signs to be included on this material.
(b) Definition. For purposes of this section, a vacant storefront is any ground floor
business establishment that is unoccupied.
(c) Applicability. The requirements of this section apply only to the ground floor
windows and doors of vacant storefronts that face a public right-of-way. If a
commercial property is vacant for more than 15 days, all glass surfaces visible to
the public shall be kept clean, and the interior of such vacant store shall be
screened from public view in one of the following ways, until the property is
occupied:
(1) All glass surfaces visible from the public right-of-way shall be covered
as provided in subsection (e); or
(2) All glass surfaces visible from the public right-of-way shall be covered
as provided in subsection ffl.
(d) Storefront window cover permitted required for vacant storefronts. Exterior
WA indews windows and doors on vacant commercial property may shall be
sempletely substantially screened with an opaque material obscuring the interior.
The materials used to satisfy this requirement shall be subject to review and
approval by the planning department design review staff, in accordance with
applicable design review and historic preservation criteria, and shall consist of 60-
pound weight paper, or similar opaque material. Windows covered in accordance
with this section shall may remain covered until issuance of a certificate of use or
occupancy for the new occupant, whichever occurs first. If the owner of vacant
Page 415 of 1637
commercial property elects not to utilize one of the skins identified in subsection (e)
the owner shall utilize the window covers identified in subsection (f).
(e) Temporary signs permitted. Material applied to windows in conformity with this
section shall not contain general advertising signs or other prohibited sign types.
Such material may contain applicable property access limitations including no
trespass provisions, as well as signs that comply with the regulations of this
chapter, as follows:
(1) Artistic or super graphics in accordance with section 138-204,
which may cover 100 percent of the window; and
(2) Other types of signage allowed by this chapter, including real
estate signs in accordance with section 138-136, and
construction signs in accordance with section 138-133; signage
under this provision may be incorporated into artistic or super
graphics as referenced in (1) above,; however the text of such
signage shall be limited to no more than 25 percent of the total
window area of the vacant storefront.
Q The design and material of all proposed skins under this
subsection (e) shall require review by the planning department
design review staff, in accordance with applicable design
review and historic preservation criteria.
(f) City-provided storefront cover. The city may alco shall produce and provide
preapproved storefront covers, for a chargewith orwithout-charge, to en ago thhe
coverage—of vacant storefronts not complying with subsection (d) above. Such
covers may contain amicable property access limitations. includin. no trespra*
section.
(q) Penalties and enforcement. Each day of noncompliance shall constitute a
separate offense. The code compliance department is empowered and authorized
to require compliance with this section within 30 days of written notice to violators.
(1) The following civil fines shall be imposed for a violation of this section:
a. First violation within a 12-month period: $250700Warninq;
b. Second violation within a 12-month period: $50040 '.250.00'
c. Third violation within a 12-month period: $1-,000700-'.500.00•
d. Fourth or subsequent violation within a 12-month period:
$5900.00 '.1 000.00.
(2) Enforcement. The code compliance department shall enforce this
section. The notice of violation shall inform the violator of the nature of the
Page 416 of 1637
violation, amount of fine for which the violator is liable, instructions and due
date for paying the fine, that the violation may be appealed by requesting an
administrative hearing before a special master within ten (10) days after
service of the notice of violation, and that the failure to appeal the violation
within ten (10) days of service shall constitute an admission of the violation
and a waiver of the right to a hearing.
(3) Rights of violators; payment of fine; right to appear; failure to pay civil
fine or to appeal; appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must
elect to either
pay the civil fine in the manner indicated on the notice of
violation; or
ii. request an administrative hearing before a special
master to appeal the notice of violation, which must be
requested within ten (10) days of the service of the
notice of violation.
b. The procedures for appeal by administrative hearing of the
notice of violation shall be as set forth in sections 30-72 and 30-73 of
this Code. Applications for hearings must be accompanied by a fee as
approved by a resolution of the city commission, which shall be
refunded if the named violator prevails in the appeal.
c. The failure to pay the civil fine, or to timely request an
administrative hearing before a special master, shall constitute a
waiver of the violators right to an administrative hearing before the
special master, and shall be treated as an admission of the violation
for which fines and penalties shall be assessed accordingly.
d. A certified copy of an order imposing a fine may be recorded in
the public records, and thereafter shall constitute a lien upon any real
or personal property owned by the violator, which may be enforced in
the same manner as a court judgment by the sheriffs of this state
including levy against the violators real or personal property, but shall
not be deemed to be a court iudgment except for enforcement
purposes. Three (3) months after the recording of any such lien which
remains unpaid, the city may foreclose or otherwise execute upon the
lien, for the amount of the lien plus accrued interest.
e. The special master shall be prohibited from hearing the merits
of the notice of violation or considering the timeliness of a request for
an administrative hearing if the violator has failed to request an
administrative hearing within ten (10) days of the service of the notice
of violation.
Page 417 of 1637
f. The special master shall not have discretion to alter the
penalties prescribed in this section.
q. Any party aggrieved by a decision of a special master may
appeal that decision to a court of competent jurisdiction.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the
word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of u pri
Philip Levine
ATTES ��ia`��9 b
�4r
� ` •
tom e ..
R4/aael - . Granada •.0 :- / Z
'"Slit. APPROVED AS TO
First Reading: Marglpfg'ei' . �ORAT. . ,? FORM & LANGUAGE
• Second Reading: KAprt4 13 201. � FOR E*E UTION
•
Verified by: Thomar ' •+r j'"AI • ` [�I I w
�Lt !,p
Planning Drector\>. • City Attorney a�5'.y'}
Dote
Underscore denotes new language
Strike-through denotes deleted language
Underscore denotes language added pursuant to First Reading Approval
[Sponsored by Commissioner Michael Grieco]
T:WGENDA\20161Apri6Planning\Vacant Storefront Covers And Signs-2nd Reading ORD FINAL.docx
Page 418 of 1637
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Section 138-140 of the Land Development Regulations of the City Code in
order to mandate that all vacant storefront windows and doors be wrapped in non-commercial paper
designs.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data(Surveys, Environmental Scan,etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING —PUBLIC HEARING
The subject ordinance would modify the existing optional program for vacant storefronts and mandate
that all vacant storefront windows and doors be wrapped in non-commercial paper designs. The
ordinance also establishes penalties and enforcement standards.
On October 14, 2015, at the request of Commissioner Grieco, the City Commission referred the
subject Ordinance amendment (Item C4B) to the Land Use and Development Committee and the
Planning Board, On January 20, 2016, the Land Use and Development Committee recommended
that the ordinance be approved with amendments.
On March 9. 2016, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the attached Ordinance at First
Reading and set a Second Reading Public Hearing for April 13, 2016,
The Administration recommends that the City Commission adopt the ordinance.
Advisory Board Recommendation:
On January 26, 2016, the Planning Board transmitted the proposed ordinance with modifications to
the City Commission with a favorable recommendation (vote 7 to 0).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the"City of Miami Beach shall consider
the long-term economic impact(at least five years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least five years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director As
' nnnt dy Manager
�'Nr7/ 'I City Manager
T:'AGENDA\2016\April\Planning\Vacant Storeroi n(Cov is And Signs-SECOND Rea• �'SUM.docx
MIAMIBEAC H Page 419 of 1637 AGENDA ITEM RS "
DATE 4-13-lb
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.m,om;beachfl.gov
CO MISSIt` MEMORANDUM
TO: Mayor Philip Levine and Members o. the City Cr) mission
FROM: Jimmy L. Morales, City Manager goat
DATE: April 13, 2016 �II S' COND READING— PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAY'tR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138 OF THE MIAMI
BEACH CITY CODE, ENTITLED "SIGNS," ARTICLE IV ENTITLED
"TEMPORARY SIGNS," AT SECTION 138-140 ENTITLED "VACANT
STOREFRONT COVERS AND SIGNS" TO MANDATE THAT ALL VACANT
STOREFRONT WINDOWS AND DOORS BE WRAPPED IN NON-COMMERCIAL
• PAPER DESIGNS; PROVIDING FOR ENFORCEMENT AND PENALITIES; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
On October 14, 2015, at the request of Commissioner Grieco, the City Commission referred the
subject Ordinance amendment (Item C4B) to the Land Use and Development Committee and
the Planning Board, On January 20, 2016, the Land Use and Development Committee
recommended that the ordinance be approved with amendments.
ANALYSIS
Section 138-140 of the Land Development Regulations establishes regulations for ground floor
storefronts that face the public right-of-way and are vacant. Currently the regulations provide
property owners the option of screening such windows with an opaque film while the storefront
is vacant. It further encourages the screening of such properties by allowing for the City to
provide a screening material at no charge to the properly owner.
Several property owners have not taken advantage of the program when their storefronts have
become vacant, leaving storefronts with a blighted appearance visible to the public. As a result,
the proposed Ordinance amendment modifies Section 138-140 by making vacant storefront
screening mandatory, and establishes penalties for not complying.
The Ordinance proposes the following changes to Section 138-140:
• For vacant storefronts that face a public right-of-way, that are vacant for more than 15-
days, all glass surfaces visible to the public shall be kept clean, and the interior of a
vacant store shall be screened from public view through the two existing options.
• If the applicant is providing signage in their screening, the design and material of any
signage shall require the review and approval of the Planning Department, in
accordance with applicable design review and historic preservation criteria.
Page 420 of 1637
I Commission Memorandum
Ordinance Amendment- Vacant Storefront Covers and Signs •
April 13, 2016 Page 2 of 2
• If the applicant is electing to use a City-provided storefront cover, it will now be provided
with a charge.
• Penalties and enforcement procedures for the requirements are established.
• Civil fines are established that range from $250 for the first violation; $2,000 for the
second violation; $3,000 for the third violation; and 5,000 for the fourth and subsequent
violations within a 12-month period.
PLANNING BOARD REVIEW
On January 26, 2016, the Planning Board transmitted the proposed ordinance to the City
Commission with a favorable recommendation with the modifications below identified with bold
text:
(e) Temporary signs permitted. Material applied to windows in conformity with this
section shall not contain general advertising signs or other prohibited sign types. Such
material may contain signs that comply with the regulations of this chapter, as follows:
(1) Artistic or super graphics in accordance with section 138-204, which may-shall
cover 100 percent of the window; and
(f) City-provided storefront cover. The city may--alse shall produce and provide
preapproved storefront covers which shall cover 100 percent of the window for a
charge with er-without-pharge, to encourage the-coverage-el vacant storefronts not
complvinq with subsection (d) above. -= _ . - - •- . - -e - •-
The recommendations of the Planning Board were intended to ensure that 100 percent of a
window be covered. However, given potential security issues with 100% coverage, particularly
if the Police or Fire Departments need to be able to look inside a building, the Administration
recommends that the language in the original ordinance, as referred by the Land Use
Committee, be maintained.
SUMMARY/ UPDATE
On March 9, 2016, the City Commission approved the proposed Ordinance at First Reading and
set a Second Reading Public Hearing for April 13, 2016. The Commission also requested that
the 'no trespassing' provision and flexibility for visual access into the vacant stores, as
recommended by the Land Use Committee, be included in the approved ordinance. These
changes and updates have been included in the revised text of the legislation for Second
Reading.
FINANCIAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall li
consider the long term economic impact (at least five years) of proposed legislative actions,"this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least five years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
JLM/SMT/TRM/RAM
T:NGENDA22016WprillPlanning\Vacant Storefront Covers And Signs-SECOND Reading MEM.Docx
Page 421 of 1637
gij
tc-
ou
E`m °Q "• EE5Ef¢ _ ° o ¢a JE A ➢Q EE= Eg . °
R `• a _ ¢`o' h ° n E u - o ES IMS r, ' a t EE F
cE iQ cc„gi_e, Ec SaEr E o of _ wE owe ; 0a g> Ou
Pi eet, - N"E 0 m m w _ •
g E E o K _
ti 0E tt° °1°cLL Ett a Eo- .= - g. ocE
wfr2 m
N3 n WE � - g EmaE o@ '-'�, E ° SE o 002 ?:H a
t-05 0002M3E
r mg catiMI. riEn *= e° � - �u _ £
_ s ` _ tEa m p3 3a -6
aao L rf r0 g - w
Goc rg8 0 ° rtig - a 30) 0 c
_ s4 ocnw ` io col. 1; 1 EEE
safi : of ' m ooaEEu rEr >o _ 3m -
2 .2
2al
`
li -ettQ0 = ` oaWme i 3E E _E, E ` am _3 - E
_ 0 uD E ° F 3 _ ▪FE ° ▪ oU ▪ O0O3 -
? EE mot E E E 5
SE E m d g ``
oU ¢ ¢ c _ cs o ° aQ Q "twV E.l .2 � E ` _ r Cmc. - "m EuWW p > ` Z'4.1512.211 2_ ? mw ° : 8 ° fvEi -m2Cvcu " Eoa ' ECM.▪£ _" v _ wsauOF ; omr2 =a .E v...ii ;Q M
EM
CA
20
0.l CoLL 6t o.� _ _a 8 fimm3a - oa= v= =G -=' 3" -_
'Z Qa co -'` Ev - mc:oct _ - _ -¢a` dw m - " o - do
W -m 'SO o'Gu Ea00 = 0E Eo°'c '_ M▪N 5 0 eo v
W Vf 2¢°" i- m S > - _ - u< r3v m eS- _ -
Z 0 EE u 'iE `O'S ¢>E ,2 ob'Em� ' E07e° „ c ▪ 2a = E ` 0
Z 30 rag 05 a'Eo� Ee ?3v - _ a °3a neo „ c 2 - o
53a 'ao"EE SE & vq� a zQ oo _ EFS -
_ _ _ m u” , _ ,22 ,% ,4-5i . ,,-) 22-; .52
m o 6 E E ° ^ `° e n O m u a ru ¢ w e 2 u o _
- m °a -amm= -fmlb ou 9w 0 o5. = „g� Et p_ a
R2 `_'= Ems EEcEE Ei 3¢` ` 4 omr`- - ' E '- `- `3 -
7: ILw> /- '0'• g _ E .. 2-s E o 20 6_ .C_ -
w _ fl'° _xE _ ama " 2 ' m 3 -.00< 2,. .0 .1a s = w4• F;t" 210 E▪ a_
tcEt
akw
� u
w O O ° 0S2$F : EF,'-c,- .2
'aE ▪ 3
eiLL
r5 < or0m tE ¢ . a =raaaaQ
EEoE EQ s E -2 0iii E “ ffiemo EEcw E cEEE0 - E Eo S_ q ° g _ 1-- " mei m
0 Eco2 "
Ta _ nwr, 2a ° o• w ° E _G Ef cm °m i
9/12/2018 Miami Beach,FL Code of Ordinances
Sec. 138-140. - Vacant storefront covers and signs.
(a) Purpose. Vacant storefronts create blighted economic and social conditions
contrary to the viable and healthy economic, aesthetic and social fabric that
the city has cultivated and encouraged in its commercial zoning districts. The
purpose of this section is to encourage and regulate the screening of the
interior of vacant storefronts with aesthetically compatible and attractive
material, to obscure the deteriorated or deconstructed conditions of vacant
storefronts, and to allow temporary signs to be included on this material.
(b) Definition. For purposes of this section, a vacant storefront is any ground
floor business establishment that is unoccupied.
(c) Applicability. The requirements of this section apply only to the ground floor
windows and doors of vacant storefronts that face a public right-of-way.
(d) Storefront window cover permitted for vacant storefronts. Windows and
doors may be completely screened with an opaque material obscuring the
interior. The materials used to satisfy this requirement shall be subject to
review and approval by the planning department design review staff, in
accordance with applicable design review and historic preservation criteria,
and shall consist of 60-pound weight paper, or similar opaque material.
Windows covered in accordance with this section may remain covered until
issuance of a certificate of use or occupancy for the new occupant,
whichever occurs first.
(e) Temporary signs permitted. Material applied to windows in conformity with
this section shall not contain general advertising signs or other prohibited
sign types. Such material may contain signs that comply with the regulations
of this chapter, as follows:
(1) Artistic or super graphics in accordance with section 138-204, which
may cover 100 percent of the window; and
(2) Other types of signage allowed by this chapter, including real estate
signs and construction signs in accordance with section 138-133
signage under this provision may be incorporated into artistic or super
Page 423 of 1637
1/2
9/1212018 Miami Beach,FL Code of Ordinances
graphics as referenced in (1) above, however text of such signage shall
be limited to no more than 25 percent of the total window area of the
vacant storefront.
The design and material of all proposed signs under this section shall
require review by the planning department design review staff, in
accordance with applicable design review and historic preservation
criteria.
(f) City-provided storefront cover. The city may also produce and provide
preapproved storefront covers, with or without charge, to encourage
the coverage of vacant storefronts. Covers provided by the city shall
also satisfy the requirements of this section.
(Ord. No. 2106-4045, § 1, 10-19-16)
Page 424 of 1637
2/2