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2011-3713 Ordinance ORDINANCE NO. 2011 -3713 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS ", BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT ", BY AMENDING SECTION 138 -173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall its unique social and architectural history, as well as further the dynamic character and attraction of. Lincoln Road through the use of signage; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for approving signage in historic districts; and WHEREAS, the creation of a Lincoln Road Signage District was for the purpose of promoting the creation of unique, artistic and well designed graphic signage; and WHEREAS, the City of Miami Beach Historic Preservation Board is the primary vehicle for assuring this artistic and design integrity; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 138, Article V, entitled "Sign Regulations by Districts ", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 138 -173. Lincoln Road Signage District (a) Purpose. The purpose of this section is to facilitate the substantial restoration of existing storefronts, facades and buildings, in accordance with the criteria and requirements of chapter 118, article X of these land development regulations, and to permit well designed, unique and proportional graphics and signage, which is consistent with the historic period of significance and which do not detract from the architectural character of the buildings, nor the established context of the surrounding streetscape. Additionally, this section is not intended to allow larger signs that do not adequately address the architectural and historic character of graphic signage that previously existed on Lincoln Road. (b) For those properties fronting on Lincoln Road, and located in between the west side of Collins Avenue and the east side of Washington Avenue, the following shall apply: (1) Flat wall, projecting or other building signs, which exceed the number and overall square footage permitted under section 138 -172, may be permitted, subject to the issuance of a Certificate of Appropriateness from the historic preservation board. The , placement, design and illumination of such signage shall be at the iscretion subiectto the review and approval of the historic preservation board, in accordance with the following: and emblems or other figures. 1 a. A proportional relationship of text and graphics shall be required. All graphics must relate to the proposed use of the store for which the sign is proposed. b. The total square footage of permitted signage, inclusive of non -text graphics, shall not exceed 35% of the building facade area. For purposes of this section, the building facade area shall be defined as the area located above the storefront and below the top of the parapet, in between the physical confines of a specific tenant space. c. The text portion of the sign shall be limited to the name of the establishment and related products and services available on site only. Signage text not associated with the actual use, or incidental signage text, shall not be permitted. d. The text portion of the sign(s) shall be limited to no more than one (1) per storefront. For corner properties, the text portion of the sign(s) shall be limited to no more than one (1) per street front. For corner properties where historic evidence exists of more than two (2) signs at the ground floor, including a corner _sign, at the discretion of the historic preservation board, an additional sign at the ground floor may be permitted at the corner, in a manner consistent with such historic evidence. In no instance shall the total square footage of signs permitted under this subsection exceed the limitations set forth in subsection 1(b) above. e. For those facades facing a residential or hotel use, only back -lit signage shall be permitted. f. For properties with frontage on both Lincoln Road and Collins Avenue, the only signage permitted on Collins Avenue shall fall within the confines of the corner radius, with a maximum lineal frontage of 20 feet on Collins Avenue. (2) In evaluating signage applications for a Certificate of Appropriateness, the historic preservation board shall consider the following: a. The quality of materials utilized for the sign and their appropriateness to the architecture as well as the historic and design integrity of the structure. b. The overall design, graphics and artistry associated with a proposed sign and its relationship to the historic and design integrity of the structure. c. The design detail, animation and non -text graphics proposed for the proposed sign(s). d. The illumination, surface colors and finishes, width, depth, and overall dimensions of the proposed sign(s). e. Original, historic signage associated with the building and /or property. (3) The historic preservation board may, at its discretion, place restrictions on the hours of operation for any sign approved under this subsection. (4) Signage must relate to the specific occupant(s) of the property. (5) Prior to the issuance of a building permit for any signage approved under this section, the planning director, or designee, or, if required, tThe historic preservation board, at it discretion , shall review and approve the substantial rehabilitation or restoration of a facade, business location or storefront where new signage under this section is proposed. Such rehabilitation or restoration shall be substantially completed, prior to the actual installation of any signage approved under this section. 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 be and the same are hereby repealed. 2 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 19th day of .Thni r , 2011. s I fit 4 A 4 1 1 , . # Ai /f _ / • - -, .Ii[L/► MA •R AT EST: t 4 GutA, °■\. 1 CITY CLERK APPROVED AS TO FORM 1ANGUAGE & 6 R EXECUTION 113 iii , — Date First Reading: December 8, 2010 " Second Reading: January 19, 2011 Verified by a Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 12/29/2010 T:\AGENDA\2011 \1- 19 -11\LR Sign District 2010 - ORD 2nd PH.docx 3 J COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Chapter 138, "Signs ", By Amending Section 138 -173 To Modify The Requirements For The Lincoln Road Signage District. Key Intended Outcome Supported: Maintain strong growth management policies; Protect historic building stock Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission adopt an Ordinance Amendment that modifies and further restricts allowable signage within the Lincoln Road Signage District? Item Summary /Recommendation: SECOND READING: The subject Ordinance was approved at first reading on December 8, 2010. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On July 26, 2010, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On October 26, 2010, the Planning Board transmitted the subject Ordinance to the City Commission, subject to minor text modifications, with a favorable recommendation. Financial Information: Source of Amount Account Approved Funds: 2 . 3 4 OBPI Total Financial Impact Summary: The subject ordinance is not expected to have any fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign -Offs: Departmen, Director Assistant City M ager City Manager g ty 9 AGENDA ITEM S MIAMIBEAC DATE 1 C I - I - MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City ommission FROM Jorge M. Gonzalez City Manager 9 Y er g SECOND READING DATE: January 19, 20.11 PUBLIC HEARING ry , SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS ", BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT ", BY AMENDING SECTION 138 -173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND In 2001, the City Commission established Section 138 -173 of the City Code, which created the Lincoln Road Signage District. The district includes those properties fronting on Lincoln Road between Collins and Washington Avenues, most of which have very large, blank facades that were designed to accommodate large, graphic signage. Historic documentation from the 1940's and 1950's shows large, well designed graphic signs which established the previous "bright" character of this stretch of Lincoln Road. During its heyday, this particular section of Lincoln Road exuded excitement, activity and a special sense of place. ANALYSIS The creation of the Lincoln Road Signage District was first proposed by the Historic Preservation Board in order to encourage and allow for the re- introduction of this "bright" character of Lincoln Road through "architectural" signage which has an historic precedent. The signage district was not intended to allow general advertising or create a mirror image of Times Square in New York City, as Miami Beach has its own unique architectural and urban fabric. It was envisioned that through the Historic Preservation Board approval process, new signage would be of a high quality and would re- establish an historical architectural identity. One of the specific requirements of the signage district was the mandatory rehabilitation and restoration of the structures where new signage is proposed. This particular requirement has resulted in the detailed renovation and restoration of three (3) historic structures that fall within the signage district. During the approval process for the signage district in late 2000 and early 2001, property p Y January 19, 2011 Commission Memorandum Amendment to Lincoln Road Signage District Page2 owners and representatives of property owners on the 200 and 300 block of Lincoln Road appeared before the Lincoln Road Marketing Council to express their strong support for the proposed Ordinance. In light of these viewpoints, the Lincoln Road Marketing Council adopted a Resolution to support the creation of the Lincoln Road Signage District. As part of this Resolution, the Lincoln Road Marketing Council recommended that the proposed signage be permitted to wrap those portions of buildings on Collins Avenue and Washington Avenue which also have frontage on Lincoln Road. Since the creation of the signage district, the size and quality of the signs that have been approved, in some ways, have not adequately addressed the signage criteria. In this regard, some of the signs are slightly out of scale and do not appropriately address the built context of the immediate streetscape. In order to address these design and appropriateness issues, and to ensure that future signs are more consistent with the historic signs from the 1940's and 1950's, revisions to the Lincoln Road Sign District have been drafted. The proposed ordinance would set specific, quantifiable limits on the overall size of the signage, as well as place limits on certain types of signage text. Additionally, more emphasis will be placed on addressing the historic context of the district, as well as the architectural design of the proposed signs. On July 19, 2010, Planning Department staff attended the VCA Lincoln Road Beautification Sub- Committee Meeting, and presented a summary of the changes in the proposed ordinance. The VGA was supportive of the changes proposed in the draft ordinance. On. July 26, 2010, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. PLANNING BOARD ACTION On October 26, 2010, the Planning Board transmitted the subject Ordinance to the City Commission, subject to minor text modifications, with a favorable recommendation, by a 7 -0 vote. The City Commission approved the Ordinance at First Reading on December 8, 2010, subject to minor text changes that would allow a 3 corner sign in ve ry limited circumstances. The Administration is confident that the proposed ordinance will address the problems that have been identified with certain signs recently approved within the sign district, and should result in future signage that is more in scale and appropriate to the 200 and 300 blocks of Lincoln Road. FISCAL IMPACT The proposed ordinance is not expected to have a fiscal impact . upon the City. Y CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. JMG /JGG /R bTRM T:IAGENDAl201111- 19 -111R Sign District 2010 - MEM 2nd PH.docx +-f NE THURSDAY, JANUARY 6, 2011 1 131 E • e rls MIAMIB CITY OF MIAMI BEACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second readings, and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, January 19, 2011, to consider the following: 10 :20 a.m. • Roofing Materials • An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations ", Article IV, "Supplementary. District Regulations ", Section 142 -875 "Roof Replacements" To Modify And Expand The Requirements For Roofing Materials In All Districts. Inquiries may be directed to the Planning. Department (305) 673- 7550. 10 :25 a.m. Lincoln Road Sign District An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, Entitled ``Signs". By Amending Article V Entitled "Sign Regulations By - District ", By Amending Section 138 -173 To Modify The Requirements For The Lincoln Road Signage Districtl0 :25 a.m. Inquiries may be directed to the Planning Department (305) 673- 7550. 10 :30 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles," Article 11, "Metered Parking," Division 1, "Generally" Section 106 -55 (h)(2), "Permanent Parking Space. Removal" To Amend The Criteria And Procedure For Permanent Parking Space Or Loading Zone. Removal. Inquiries may be directed to the Parking Department (305) 673 -7275. • INTERESTED PARTIES are invited to appear at 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, 1 Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105; FL Statutes, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be : based: This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does.it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the 'City Clerk's office at (305) 673 -7411, no later than four days prior to the proceeding. If hearing impaired, contact the City lerk's office via the Florida Relay Service -numbe Y Y a�, • w (800).955 -8771 ,_(TTY) or (800) 955 -8770 OIOE). #.