HomeMy WebLinkAboutO-12214J-02-161
02/25/02
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ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 62, OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING," BY CREATING A NEW
ARTICLE X ENTITLED "STREETSCAPE MITIGATION
TRUST FUND"; ESTABLISHING SAID FUND; SETTING
FORTH INTENT AND PURPOSE; PROVIDING FOR
ADMINISTRATION, --_REGULATIONS, AND FEE
SCHEDULE FOR TRUST FUND PAYMENTS FROM
"FREESTANDING OFFSITE ADVERTISING SIGNS" TO
MITIGATE RELATED AND ASSOCIATED ADVERSE
EFFECTS AND MAINTENANCE; MORE PARTICULARLY
BY ADDING NEW SECTIONS 62-300 TO 62-302 TO
SAID CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, at the City Commission meeting of July 10, 2001,
the Neighborhood Enhancement Team ("NET") provided a
comprehensive report to. the City Commission regarding the status
of outdoor advertising signs in the City of Miami; and
WHEREAS, the City Commission wishes to institute a
mechanism by which legal nonconforming freestanding offsite
outdoor advertising signs, may remain, subject to a Class II
Special Permit and payment of mitigation fees; and
WHEREAS, the mitigation fees shall be deposited into a
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trust fund, as specified herein, to provide a funding source to
implement certain mitigation measures that will offset the
negative visual impact of such outdoor advertising signs within
other City neighborhoods, as appropriate;
NOW, THEREFORE, BE IT ORDAINED BY.THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to
this
Ordinance are
adopted by reference and
incorporated
as if
fully set forth in
this Section.
Section 2. Chapter 62 of the Code of the City of Miami,
Florida, as amended, entitled "Zoning and Planning" is further
amended by adding new Article X, entitled "Streetscape
Mitigation Trust Fund," in the following particulars:l�
CHAPTER 62
ZONING AND PLANNING
ARTICLE X.
STREETSCAPE MITIGATION TRUST FUND
1� Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
Page 2 of 7 12214
Sec. 62-300. Establishment, intent and purpose of
fund.
(a) The establishment, intent and purpose of the
"Streetscape Mitigation Trust Fund" (the "trust fund")
is to provide additional funding to mitigate adverse
visual effects associated with certain uses or
characteristics of use of freestanding offsite
advertising signs within the city.
(b) Fees shall be paid into the trust fund as
specified herein. Disbursements from this trust fund
may be utilized toward streetscape improvements beyond
a base level, as may be required to mitigate adverse
impacts imposed by such uses. Expenditures from this
trust fund shall require authorization by the City
Commission upon written recommendations from the
directors of the departments of, planning and zoning
and public works.
Sec. 62-301. Administration and regulation.
(a) The trust fund into which funds shall be
deposited and from which funds shall be withdrawn as
set forth herein, shall facilitate public streetscape
improvements associated with adverse visual effects
imposed by certain uses or characteristics of use of
freestanding offsite advertising signs within the
city, through means which may include, but are not
limited to the following activities by the city
administration:
(1) Acquire fee simple or other interest in
land, and other real property for mitigation
purposes (i.e. parks or other open spaces,
which can be utilized as gateways into the
City of Miami, and which can be enhanced in
a manner that mitigates other negative
visual effects associated with certain uses
and characteristics of use);
(2) Develop, implement and fund a streetscape
improvement program (including, but not
limited to landscaping, irrigation, street
furniture, special paving and special
lighting) for those public rights-of-way in
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0. 0
those areas where there is a need for
mitigation due to adverse effects associated
with certain uses or characteristics of use,
to the extent necessary to curb such impacts
as determined by the city commission with
due consideration given to the
recommendation of the director of the
department of planning and zoning. The
implementation and coordination of the trust
fund shall be processed by the city manager;
(3) Perform such other related activities as may
be appropriate to carry out the intent of
this article, including but not limited to
maintenance of streetscapes and code
enforcement activities as may be deemed
necessary by the city manager to ensure
compliance with sign regulations.
(b) It is the intent of this article that prior
to expenditures pursuant to the above listed items by
the city commission, that due consideration is given
to written recommendations from the city manager, and
directors of the departments of planning and zoning
and public works.
(c) Funds deposited in the trust fund shall be
made available to the city manager for implementation
purposes. All disbursals of Trust Fund monies shall
be made by the city commission, after due
consideration is given to the written recommendations
of the city manager and the directors of the
departments of planning and zoning and public works.
(d) A financial report of trust fund receipts
and expenditures shall be prepared annually at the
close of the fiscal year by the city manager and
presented to the city commission.
Sec. 62-302. Schedule of fees and charges.
The schedule of fees and charges to be assessed
and paid into the trust fund is as follows:
(1) Mitigation fees for freestanding offsite
advertising signs.
Page 4 of 7
(a) Intent. It is intended that mitigation
fees be assessed to freestanding
outdoor advertising business signs to
mitigate the negative visual effects
associated with such signs on the
city's streetscape. Said negative
visual effects are specifically
associated with the sizes of such signs
and the visual clutter they impose on
the city's streetscape. Mitigation
funds assessed and collected pursuant
to this section will be applied toward
such streetscape projects to be
identified by the city, as necessary to
offset the direct negative visual
effects associated with freestanding
outdoor advertising signs.
(b) Applicability. Pursuant to Article 10,
Section 10.8 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the
City of Miami, Florida, nonconforming
offsite advertising signs, which are
eligible to remain after their five (5)
year amortization period expires,
pursuant to a Class II Special Permit,
shall also be subject to mitigation
fees, said mitigation fees will be
established prior to the conclusion of
one (1) year after the adoption of this
ordinance, and, upon a study to be
conducted by the Department of Planning
and Zoning to determine the extent of
the negative visual effects and the
appropriate mitigation fees required to
offset those effects.
(2) Late fees. Fees as set forth in this
article shall be invoiced and payable at yearly
intervals. Fees not paid within 15 days of the due
date shall be charged a late fee of five percent (5%)
of the amount due. Fees not paid within 30 days of
the due date shall be charged interest at the rate of
ten percent (100) per annum calculated monthly on the
unpaid balance, including applicable late fees.
Page 5 of 7
Section 3. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be
affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof .2
PASSED ON FIRST READING BY TITLE ONLY this 7th day of
March , 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
z/ This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed
and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated herein, whichever is
later.
Page 6 of 7 12214
ONLY this 11th day of April , 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED..AS' TO FORM AND CORRECTNESS:
CITY TTORNEY
W222A MM. :BSS
Page 7 of 7
Z
YKNUEL A. DIAZ, MAY
20 21
r �! PZ 14
SECOND READING
PLANNING FACT SHEET
APPLICANT City of Miami Planning and Zoning Department.
HEARING DATE January 22, 2002
REQUEST/LOCATION Consideration of amending Chapter 62 of the Code of
the City of Miami.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending Chapter 62, "Zoning and
Planning" of the Code of the City of Miami, Florida, as
amended, by creating a new Article X entitled
"Streetscape Mitigation Trust Fund"; adding an intent
statement and providing for administration and
regulations, and by providing a fee schedule for trust
fund payments from outdoor offsite advertising signs as
mitigation related to associated adverse effects and
maintenance.
PLANNING
RECOMMENDATION Approval.
BACKGROUND AND See supporting documenation.
ANALYSIS
PLANNING ADVISORY BOARD Recommended approval to VOTE: 6-0
City Commission.
CITY -COMMISSION Passed First Reading on
March 07, 2002.
APPLICATION NUMBER 02-007 Item #3
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 3/13/2002 Page 1
ANALYSIS FOR AMENDMENT TO
CHAPTER 62 OF THE CITY CODE
APPLICATION: No. 2002-007
The proposed amendment to the City Code is in order to establish a
"Streetscape Mitigation Trust Fund", including fees. The intent of this new
ordinance is that a trust fund be established in order for.additional funding to be
made available to mitigate adverse visual effects associated with certain uses or
characteristics of use within the city.
Fees shall be paid into the trust fund and may be utilized toward streetscape
improvements beyond a base level, as may be required to mitigate adverse
impacts imposed by such uses.
Expenditures from this trust fund shall require authorization by the City
Commission upon written recommendations from the Directors of the
departments of Planning and Zoning and Public Works.
The funds may be used to do the following:
(1) Acquire fee simple or other interest in land, and other real
property for mitigation purposes (i.e. parks or other open
spaces, which can be utilized as gateways into the City, of
Miami, and which can be enhanced in a manner that
mitigates other negative visual effects associated with
certain uses and characteristics of use);
(2) Develop, implement and fund a streetscape improvement
.program (including, but not limited to landscaping, irrigation,
street furniture, special paving and special lighting) for those
public rights-of-way in those areas where there is a need for
mitigation due to adverse effects associated with certain
uses or characteristics of use, to the extent necessary to
curb such impacts as determined by the city commission
with due consideration given to the recommendation of the
director of the planning and zoning department; coordination
of the implementation, shall be processed through the City
Manager's Office.
(3) Perform such other related activities as may be appropriate
to carry out the intent of this article; including but not limited
to maintenance of streetscapes and code enforcement
activities as may be deemed necessary by the City Manager
to ensure compliance with the City's sign regulations.
For freestanding outdoor advertising signs, the ordinance requires thaVa Class II
Special Permit be obtained and that ° fees be paid in accordance with the
ordinance.
The Planning and Zoning Department is recommending _ approval of the
proposed amendment finding that the proposed amendment will serve to visually
improve the quality of the city, while providing. a funding source for necessary
mitigation.
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RESOLUTION PAB -11-02
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION .OF AMENDING* CHAPTER 62, "ZONING AND
PLANNING" OF THE CODE OF THE CITY OF MIAMI, AS AMENDED,
BY CREATING A NEW ARTICLE X ENTITLED "STREETSCAPE'
MITIGATION TRUST FUND"; ADDING AN INTENT STATEMENT AND
PROVIDING FOR ADMINISTRATION AND REGULATIONS, AND BY
PROVIDING A FEE SCHEDULE FOR TRUST FUND PAYMENTS FROM
OUTDOOR OFFSITE ADVERTISING SIGNS AS MITIGATION RELATED
TO ASSOCIATED ADVERSE EFFECTS AND MAINTENANCE, WITH
THE FOLLOWING CONDITION: MITIGATION FEES WILL BE
ESTABLISHED WITHIN ONE YEAR OF THE ADOPTION OF THIS
ORDINANCE.
HEARING DATE: February 6, 2002
ITEM NO.: 2
VOTE: 6-0
ATTESaa
elabert- arn#& Director
Planning and Zoning Department
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