2004-3440 Ordinance
ORDINANCE NO. 2004-3440
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 VI, ENTITLED
"SPECIFIC USE SIGNS", BY CREATING SECTION 138-205 TO
ESTABLISH REGULATIONS AND CRITERIA FOR SIGNS FOR
VERTICAL RETAIL CENTERS; PROVIDING FOR INCLUSION
IN THE CITY CODE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, property owners in the City have expressed a desire to develop what
is known as a vertical retail center involving larger scale retail uses; and
WHEREAS, such vertical retail centers are desirable because they bring
investment, retail opportunities and services to the citizens of Miami Beach not otherwise
or previously available, but they do not fit within some of the existing regulations of the
City's Land Development Regulations, particularly Chapter 138, Signs; and
WHEREAS, the City Commission desires to accommodate such vertical retail
centers by recognizing the uniqueness of the design and sign requirements and
opportunities for such centers;
WHEREAS, this ordinance seeks to amend the Land Development Regulations
in Chapter 138 to accommodate signs for vertical retail centers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 138, "Signs," Article VI, "Specific Use Signs," is hereby
amended by creating a new section 138-205, entitled "Vertical Retail Center Signs," as
follows:
Sec. 138-205. Vertical Retail Center Sil!:ns.
(a) Definitions.
(1) A vertical retail center means a commercial building with a minimum of 150.000
gross square footage floor area. exclusive of floor area for excess parking and.
including multiple commercial uses that are located above the ground floor. This
definition shall not include buildings that are predominantlv office or non-retail
uses.
(2) An eligible use in a vertical retail' center is a use with a minimum of 12.500
square feet that is either retail. restaurant. food market or personal fitness center.
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(b) Criteria.
(1) The center may have signs on onlv two street frontages. the location and
configuration of which shall be subiect to design review approval. The
cumulative sum of the sign areas on a facade. including comers. approved under
this provision. shall be UP to 5 percent of the building facade on which thev are
located. Signs located on a building comer shall be up to 5% of the smallest
adioining building facade. subiect to design review or historic preservation board
approval. whichever has iurisdiction.
(2) The center shall have no more than six (6) business identification signs in each
permitted facade or comer. Each business identification sign shall not OCCUpy
more than one (1) percent of the wall area.
(3) An eligible use in a vertical retail center mav. subiect to the limitations contained
in (b) (2) above. have no more than two (2) business identification signs on the
external walls or proiections of the center. exhibiting the name of the
establishment and/or its brand identifying logo onlv. Individual capital letters
shall not exceed 4' 6" in height.
(4) A vertical retail center may have a roof-top proiect identification sign. not
including the name of any tenant of the proiect. in the sole discretion of the
design review and/or historic preservation boards. whichever by law has
iurisdiction.
(5) Proiect entrance identification signs for the center are allowed. A proiect
entrance identification sign mav be wall mounted or proiecting and may be
located immediately adiacent to each vehicular or pedestrian entry to the proiect.
Such signs may be UP to 30 square feet in total sign area and may not exceed
10' -0" in overall height. subiect to design review approval.
(6) Ground floor retail signage shall be as permitted in section 138-172. one (1) sign
per store. In addition to the above. anv retail use greater than 40.000 square feet
on the ground floor may have one (1) additional wall or double-faced proiecting
sign. not to exceed 175 square feet. subiect to design review approval.
(7) Proiect directory signs for a vertical retail center may be located inside the center
near each vehicular or pedestrian entrance to the proiect. not visible from the
right-of-way. These signs may be no more than 18 square feet in signage area
per sign face and wall mounted or freestanding. Such proiect directory signs
may list all tenants on all floors within the center and have a "You are Here" type
map to orientate guests and visitors.
(8) Uses in vertical retail centers may also have business identification signs on
interior walls. not visible from the right-of-way.
(9) The design review board. or historic preservation board. whichever bv law has
iurisdiction. shall approve a sign master plan for the center prior to the issuance
of any sign permit. The appropriate board shall have design review authority over
all signs above ground level: building and planning staff may approve all signs at
ground level. as well as any replacement signage for new occupants within the
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previouslv approved Sign Areas. provided the same are otherwise in compliance
with the criteria set forth herein.
(10) There shall be no variances from this section.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. INCLUSION IN THE CITY CODE.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
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.
ATTEST:
~.~~
CITY CLERK
(, APPROVED AS TO FORM
AND LANGUAGE & FOR EXECUTION
1!ft1u~
it Attorney :JH-
of April
2004.
First Reading: March 17. 2004
Second Reading: A rit 14 2004
6- y~o t.;
Date
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Vertical retail center sign ord
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CITY OF MIAMI BEACH "..".
COMMISSION ITEM SUMMARY ~
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Condensed Title:
An Ordinance amending Chapter 138, "Signs," amending Article VI "Specific Use Signs," creating
regulations and criteria for signs for vertical retail centers.
Issue:
Chapter 138 "Signs," does not provide for main use signs above the ground floor, unless they are building
identification signs. Specifically, the City Code does not address signage on vertical retail centers - multi-
sto commercial buildin s that ma have retail uses above the round floor.
Item Summary/Recommendation:
The proposed ordinance will create regulations and criteria within the Sign section of the City Code in order
to permit additional exterior signage for those retail uses that currently are not permitted if they are above
the ground floor.
The Administration recommends that the City Commission adopt the ordinance as amended on first
readina.
Adviso Board Recommendation:
At the February 24,2004 meeting ofthe Planning Board, a motion was made and seconded recommending
that the City Commission approve the proposed ordinance as amended by the Board. The vote was 5-0
(two members absent). The Board also requested that the proposed ordinance be forward to the Design
Review and the Historic Preservation Boards for review and comments. The Historic Preservation Board
and the Design Review Board will meet jointly on April 13, 2004; a verbal report will be presented at the
Cit Commission meetin .
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Mercy Lamazares I Jorge G. Gomez
n-Offs:
Department Director
Assistant City Manager
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AGENDA ITEM ~
DATE 4-'~...{}if
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WWoN.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: April 14, 2004
From:
Jorge M. Gonzalez 1
City Manager 0 ~
Second Readina Public Hearina
Subject:
Signs for vertical retail centers
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 VI, ENTITLED "SPECIFIC USE SIGNS", BY CREATING
SECTION 138-205 TO ESTABLISH REGULATIONS AND CRITERIA FOR
SIGNS FOR VERTICAL RETAIL CENTERS; PROVIDING FOR INCLUSION
IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Commission adopt the ordinance as amended on
first reading.
BACKGROUND AND ANALYSIS
The applicant, A & R Sobe, LLC, the developer of the "Potamkin Site," has submitted
an application for an amendment to the Land Development Regulations of the City
Code for the creation of regulations for Vertical Retail Centers.
The properties fronting at the northeast corner of 5th Street and Alton Road, known as
the "Potamkin Site," are currently being developed as a commercial project by the
applicants. The applicant is requesting an amendment to the signage regulations of the
City Code which would allow the Historic Preservation Board and/or the Design Review
Board, as applicable, to allow signage on vertical retail centers which exceeds the
amount and size permitted by the existing signage regulations. The Commission
adopted an ordinance in 2001 for the Lincoln Road Signage District, that portion of
Lincoln Road between Collins Avenue and Washington Avenue. That ordinance allows
signs that are larger than the existing regulations at the time permitted. The proposed
ordinance for vertical retail centers is modeled on the Lincoln Road Signage District
ordinance as it relates to size of signs.
Commission Memorandum
April 14, 2004
Signs for vertical retail centers
Page 2
The proposed vertical retail center site is situated at the entranceway to the City, which
could benefit from well designed graphic signs. The proposed amendment is intended to
encourage and allow for the introduction of more and better signage. The ordinance
would permit flat wall, projecting or other building signs, which exceed the number and
overall square footage ordinarily permitted by the City Code. This amendment is not
intended to allow general advertising. Further, the requirement of Historic Preservation
Board or Design Review Board approval, whichever has jurisdiction, will go a long way
in ensuring high quality and well-designed building signage that would establish an
architectural identity.
PLANNING BOARD ACTION
At the February 24, 2004 meeting of the Planning Board, a motion was made and
seconded recommending that the City Commission adopt the proposed ordinance and
to also forward it to the Design Review and the Historic Preservation Boards for review
and comments. The vote was 5-0 (two members absent). The Historic Preservation
Board and the Design Review Board will meet jointly on April 13, 2004; a verbal report
will be presented at the City Commission meeting.
CITY COMMISSION ACTION
At the March 17, 2004 meeting, the Commission approved the ordinance on first
reading after a few amendments were made during discussion; those amendments
have been incorporated into the attached revised ordinance. The Commission also
requested that the Design Review and the Historic Preservation Boards review the
proposed ordinance. As there will be a joint session of the Boards on April 13, 2004, a
verbal report will be submitted to the Commission at the April 14, 2004 meeting.
CONCLUSION
Pursuant to Section 118-164(3), when a request to amend these Land Development
Regulations does not change the actual list of permitted, conditional or prohibited uses
in a zoning category, the proposed ordinance may be read by title or in full on at least
two separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city.
Immediately following the public hearing at the second reading, the City Commission
may adopt the ordinance by an affirmative vote of five-sevenths of all members of the
City Commission.
JMG/CMC/JGG/ML
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