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HomeMy WebLinkAboutO-11204J-94-772 10/3/94 ORDINANCE NO. 112 0 4 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA: BY AMENDING ARTICLE 9, SECTION 926 "SIGNS; SPECIFIC LIMITATIONS AND REQUIREMENTS,". BY ADDING A NEW SUBSECTION 926.9 ENTITLED "SIGNS OF HISTORIC 1 SIGNIFICANCE," AND PROVIDING PROCEDURES FOR ` EXEMPTING DESIGNATED SIGNS OF HISTORIC SIGNIFICANCE FROM USUAL SIGN LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 21, 1994, Item No. 8, following an advertised hearing, adopted Resolution No. PAB 51-94 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; 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 hereby adopted by- reference thereto and incorporated herein as if fully set forth in this Section. 11204 '1 Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended in the following particulars:l/ "ARTICLE 9. GENERAL AND SUPPLEMENTAL REGULATIONS Sec. 926. Signs; Specific Limitations and. Requirements. 926.9. Signs of Historic Significance. Any sign determined to be of historic significance by the Historic and Environmental Preservation Board, through resolution that makes findings according to the criteria below, may be exempted by Class II Special Permit from any sign limitation imposed by this ordinance. The placement of said sign may be as approved by said Class II Special. Permit, in any zoning district deemed appropriate according to the considerations and standards below, by the Director of the Planning, Building and Zoning Department. 926.9.1. Historic Sign Criteria. The Historic and Environmental Preservation Board may determine that a sign is of historic significance upon finding that said sign contributes to the cultural, historic, or aesthetic character of the city, neighborhood, or streetscape, due to its construction materials, age, iDrominent location, unique design, or craftsmanship from another period. 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. Ellipsis and asterisks indicate omitted and unchanged material. 11204 -2- 926.9.2. Class II Special Permit Required. Upon receipt of the findings of historic significance by the Historic and Environmental Preservation Board, the Director of the Planning, Building and Zoning Department may issue a Class II Special Permit allowing said , historic sign to be repaired, restored, structurally altered, reconstructed, or relocated. The Director may refer the ap lication for a Class II Special Permit to the Historic and Environmental Preservation Board for review and recommendation. 926.9.2.1. Class II Special Permits, Considerations and Standards. The Director shall be guided by the followin considerations and standards in his decision as to the issuance of a Class II Special Permit: (a) Due consideration shall be given to the size, character, location, and orientation of the sign, with particular reference to traffic safety, glare, and compatibility with adjoining and nearby properties. (b) Due consideration shall also be given to the relative historic significance of the sign versus any potentially adverse effects on adjoining and nearby properties, the area, or the neighborhood with reference to location, construction, design, character, or scale. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. ISM 11204 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. PASSED ON FIRST READING BY TITLE ONLY this 27th -day of October 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of November , 1994. 0 � STEPMEN P. CLAR , MAYOR PREPARED AND APPROVED BY: - (tC� � is Z'Z/ L E. MAXWEL D UTY CITY ATTORNEY JEM/mis/M2063 APPROVED AS TO FORM AND CORRECTNESS: A. QU NN J S I I CITY ATTO EY 11204 -4- PLANNING FACT SHEET PZ=9 APPLICANT City of Miami Planning, Building and Zoning Department. APPLICATION DATE REQUEST/LOCATION Consideration of amending Article 9 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami to introduce a new Section 926.9 and make provisions for "Signs of Historic Significance." LEGAL DESCRIPTION PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, General and Supplementary Regulations, Section 926, Signs; Specific Limitations and Requirements, by introducing Section 926.9 "Signs of Historic Significance." PLANNING Approval. RECOMMENDATION BACKGROUND AND The requested amendment to Zoning Ordinance 11000 is being proposed because no ANALYSIS provision exists to allow the preservation of many historic signs that may be in conflict with the Zoning Ordinance. Many older, signs possess historic significance as examples of a dying art. In addition, historic signs provide local color, historic character, individuality, a sense of place or orientation, and clues to a building's history. The proposed amendment would allow historic signs to be repaired, restored, structurally altered, reconstructed, or relocated, subject to strict conditions. The Historic and Environmental Preservation Board would be responsible for determining if a sign possesses historic significance, based on a set of criteria. A Class II Special Permit would then be required to allow the sign to be preserved. 01 PLANNING ADVISORY BOARD Approval VOTE: eight (8) to zero (0) J CITY COMMISSION Passed on First Reading on CC 10/27/94. 11204 APPLICATION NUMBER 94-140 September 21, 1994 y' 10/13/94 Page 1 RESOLUTION PAB - 51-94 A RESOLUTION RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO THE TEXT OF ORDINANCE 11000; AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING,ARTICLE'9 .GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 926, SIGNS; SECIFIC"LIMITATIONS AND REQUIREMENTS, BY INTRODUCING SECTION 926.9 "SIGNS OF HISTORIC SIGNIFICANCE." HEARING DATE: September 21, 1994 VOTE: eight (8) to zero (0) ATTEST: RGIO RODRIGUEZ, DIRECTOR PLANNING, BUILDING AND ZONING 11204 ,i of C IYl1NGAOGDE OF QDZNIINPT ,yy s 3 94 $Ep g pig 5. CESAR H. ODIO SERGIO RODRIGUEZ, AICP ' 26 CityManager Director p Mlit : kit e B September 9, 1994 J C. &Y5 Ms. Glenna Cook-McKitterick, Executive Director Dade Heritage Trust Dr. Jackson's Office 190 Southeast 12 Terrace Miami, FL 33131 Re: Coppertone Sign Dear Ms. Cook-Mckitterick: In response to Ms. Cook's letter of June 27, 1994, this Department has initiated an amendment to the Zoning Ordinance to a) recognize historic signs; b) enable them to be located in particular zoning districts and c) allow interested applicants to apply for a Class II Special Permit to allow the historic signs to be restored or -relocated. Commencing in September 1994, this process will take approximately three months. Dade Heritage Trust's familiarity with the Coppertone Sign should enable your staff to quickly prepare a historical evaluation -equivalent to a designation report -to be presented in a public hearing before the Historic and Environmental Preservation Board in November. For example, Louise. Yarborough, your predecessor, had repeatedly assured me that she had conducted personal research in Washington, D.C. on historic signs. This report must overcome the widely -held perception that preservation of the Coppertone Sign in total is but a clever subterfuge to allow Schering-Plough to continue to advertise a commercial product free of charge. I had previously advised Dade Heritage Trust to approach Metro Dade County's Art -in -Public ,Places staff and then, their Board of Directors, but they evidently could not overcome the "commercial" taint of the sign, referenced above. I look to Dade Heritage Trust to back up your letter of June 27, with a) a designation report; b) public support at all City of Miami public hearings before the Historic and Environmental Preservation Board, Planning Advisory Board and, most particularly, the City Commission; c) applications for all special permits, and d) on -the -scene coordination with Schering-Plough, Crown Neon and the management of the Concord Building pertaining to installation and maintenance. I am concerned that by lending this Department's support to this endeavor, the City of Miami may be incurring hidden financial obligations, as both the National Park Service and Metro Dade Art -in -Public Places Office, while recognizing the sign's importance, either declined to support this sign: or had no implementing procedure. Page I of 2 11204 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452. - 5 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 The first public hearing is scheduled before the Planning Advisory Board on September 21, 1994, at 7:00 P.M. at City Hall. We look forward to seeing you there. Sincerel o Rodriguez, AICP PC: Joseph W. McManus, Deputy Director Planning, Building and Zoning Department Sarah E. Eaton Preservation Officer Planning, Building and Zoning Department JWM/94:92 (19 Page 2 of 2 11204 1 ioillric llreservit ion Cc•nwr 190 Southeast 121-l'•1ace \ I iM111- l:lt:ritlu .1?11.11 June 27, 1994 1111olie: 305 / 358-0572 1 in: ,105 a 350 1162 11)94.95 rrr•.irlrtd IN %„r i'tVikkof + -+vph 1. f tetndda l�rd 1 ire a rot .up,Kcl 1'ltatr;uRf f r f+. -. �r.>ttrM'rnttsurtr inn K1•IMr '171, t.rnd Frnkaey 1101.1 Nrrrtrdnu 2 IrtdvMit 1. Rt.waff �I,nIr+K Mnnwla» n h,�trntt' Ir x��nald N"p°w� Ncxrlah Iltwrmw 'a{+Rtt rrn 1wrl+mro :�trnlr Int r 4„w,. Kw,wrw �I,N ra I.kY+a t:.tr.1•lcntk, r v4+ Prrrlu ...rww (rants ;lrruvl Sir+ r Iwo:irrr ..yt W,u'firtau %%VISORS 110ve AMN U06 Ntr+hwl w ownan %1.111tKu C leafy tweh Intem k; s;hyX'id. ..dt.,• dark Ih+wnhl Kktntktg ! rni,ty Mathr,M tkckv Roper Mntko+ ! .tn} Mryer �ndrdot Fitifat tie. OW, K. Mtwnay mt• r44-s 1 terra d i! i~itiNC� t1 tkr.,r hilghalan r:iknr Uytua:lanr t hKa Val1k.44W U 11hly Vrntrntw OUT rtovtttvins f nd trresidmt Mnhxt Mtlawoft \cling ttxt;tative IDitedor hb(pi n C Cook Mr. Sergio Rodriguez Director and Assistant City Manager Planning, Building and Zoning Department .—Clifof Mtw111 Post Office Box 330708 Miami, warino s o-qj Dear Mr. Rodriguez: 94 JUL I I PM 2159 l., 01 737 On behalf of the Board of Dade Heritage Toast, I would like to ask you to Initiate the proceedings necessary for an amendment to the zoning ordinance to allow for the installation of the Coppertone sign. As I'm sure you know, Dade Heritage Trust has been working on the Coppertone sign since August of 19911 We have maintained and kept the sign in §# igb, brit SaK61ttl9-PI811gt! NU contacted Crown Neon Storage to say -they want to move the sign to their storage facility in Memphis. We all know that once the little girl leaves Miami, she'll never return 11Mme". She will Ily ftrtrguttylt rt1114 y%1V11t>rtitily iq►K rin uut lmmi rtnl trrtitutni Irrritt►gir Atthntn&h vign nrt ww an unuvual fadYOOti y .c4wo far DHT+ it waa not willigut prf:aodtnot in P09gi^,. 1qn of ''historic signs In our country. From our first involvement this effort has attracted passionate public nationwide support and still makes news as evidenced by our most recent press. We have pursued various avenues for designation recognition - the City, Art in Public Places and the National Park Services - but for various reasons including no response from the Park Services, these nave not succeeded. DHT has a location, the Concord Building, and Schering- Plough has set aside money for lighting, installation and maintenance, so all, we need is a little hail► frnni thw rftyi t ts,nrn rnrently mid thArA in it pie re, deriirtine the Coppertone eirl In the �ilr+ltitlilir+ttt:,t:tltt�+i:tttitl 011,110 tdAU121 1`14101y tY URIIl11 III fVCW x om In a diorwou ur uiv :hurt collection, riming tilt, ltttlo girl and hor dog in a highly riaiblo luuaci©n in tho triter of Miami It 0 win - win situation for all and great positive publicity for our City. Thanle ytsvo fr.+r yAtir t:trrrnrt ^f T1%iT PiAact+ #-all ma: if i ran Answer any questions and let me laiow what happens next. Sincerely, �0_0 C6 Margaret C. Cook Assistant Dirootor Enclosure M 11204 and In th was N has offii one cop neat any of s new d1Tlf VF•.MIAMI, FLORIDIA LIEGAL NOTICE All intarasted ppeersons will take notice that on the 17th day of No-_ vehaber,1994 the City Commission of Miami, Florida; adopted the following titled:ordinances: a� �. r ORDINANCE NO.11197 AN EMERGENCY.ORDINANCE ESTABLISHING INITIAL RESOURCES AND INITIAL APPROPRIATIONS FORA SPECIAL.: REVENUE FUND ENTITLED "VIOLENT STREET .CRIMES ;TASK FORCE" AND. -AUTHORIZING THE;CiTY MANAGER TO ACCEPT A GRANT IN THE 'AMOUNT• OF $17,643 FROM THE U S. DEPARTMENT ORDINANCE N0. 11203, OF JUST)CE, OFFICE OFJUSTICE PROGRAMS, AND AN ORDINANCE AMENDING ORDINANCE NO. i1000, TO' EXECUTE "ANY* AND ALL DOCUMENTS i NECES- AS AMENDED, THE ZONING ORDINANCE OF THE. SARY TO ACCEPT SAID GRANT; CONTAINING A RE- CITY OF ;MIAMI, FLORIDA.. BY: AMENDING: SECTION PEALER PROVISION AND A SEVERABIUTY CLAUSE: 401, "SCHEDULE "OF DISTRICT: REGULATIONS" ::TO ` '= ALLOW "DISCOUNT MEMBERSHIP- MERCHA461§ ORDINANCE NO.11196 ERS" AS A CONDITIONAL PRINCIPAL USE IN THE 04 AN 4EMERGENCY ORDINANCE ,AMENDING ORDI• RESTRICTED COMMERCIAL DISTRICT By:•SPECIAL NANCE,NO.';11059; ADOPTED ON APRIL-15, .1993, EXCEPTION ONLY, AND ESTABLISHING"MINIMUM WHICH-;ESTABGISHED,;,INITIAL RESOURCES. AND PARKING REQUIREMENT BY,ADDING ; TWO NEW ' '.iNiTiALAPPROPWATIONSFORASPECiAL-REVENUE 'RESERVED", SECTIONS; BY'ADDING SECTION 944,, k. FUND ENTITLED: , :"DRUG : ABUSE RESISTANCE "DISCOUNT MEMBERSHIP MERCHANDISERS",,.;ES- EDUCATION TQ:PROVIDE FOR: AN,INCREASE IN TABLISHING APPLICABLE REGULATIONS` FOR. SAID THE 'AMOUNT OF:-$70,217 AS ' THE : RESULT ' OF 'A USE; AND BY AMENDING SECTION 2502, `SPECIFIC ' SU CESSFUL GRANT APPLICATION FROM METRO -DEFINITIONS TO 'PROVIDE A :DEFINITION 'FOR POITANy DADE' COUNTY; AND AUTHORIZING. THE "DISCOUNT MEMBERSHIP MERCHANDISER*—`CON- CITY'.MANAGER `TO:• EXECUTE ANY:' DOCUMENTS TAMING`A _REPEALER PROVISION AND. A rSEVER , NECESSARY TO;'_ACCOMPLISH:THE .ACCEPTANCE ABILITY; CLAUSE; AND PROVIDING FOR AN EFFEC- OF THE!:GRANT,:•CONTAIMNG A REPEALER PROVI-. TIVE DATE. SION ANp`A SEVERABILITY CLAUSE ORDINANCE N0.11199 ORDINANCE NO. AN ORDINANCE AMENDING SECTION:40-229 OF THE': AN ORDINANCE AMENDING ORBDT E'NO 11000, CODE . OF THE',:CITY - OF `MIAMI; ..FLORIDA, AS AS AMENDED;' THE ZONING ORDINANCE- OF-'- THE AMENDED, BY PROVIDING FOR <CHANGES : IN IN- ' CITY OF MIAMI, FLORIDA: BY AMENDING ARTICLE 9., "VESTMENT ;GUIDELINES =AND :TYPES =OF FUNDS SECTION 926 "SIGNS; SPECIFIC LIMITATIONS `AND WHERE INVESTMENT MAY BE MADE FOR MEMBERS REQUIREMENTS," BY ADDING A NEW'SUBSECTION OF ­.CITY OF.. MIAMh,GENERAL. EMPLOYEES' .-AND 926.9 . ENTITLED `"SIGNS "OF "HISTORIC'w'SIGNIFI-' SANITATION = EMPLOYEES' RETIREMENT-, TRUST; - CANCE; AND; -PROVIDING= PROCEDURES `FOR' EX= ,CONTAINING A REPEALER PROVISION AND A SEV' EMPTING',DESIGNATED` SIGNS. OF-•'HISTORIC:'SIG- ERABII,ITY CLAUSE, PROVIDING FOR AN EFFECTIVE- NIFICANCE FROM'USUAL SIGN''LiMITATiONS;t GON- DATE TAINING.,A REPEALER, PROVISION AND A. SEVER ABILITY CLAUSE; AND PROVIDING FOR AN EFFEC- ORDINANCE NO 11200 TINE DATE: AN ORDINANCE RELATED'. TO HISTORIC• PRESER- r NATION AMENDING ''.THE j,, REQUIREMENTS FOR TERMS OF.OFFIGE'AND REMOVAh°OF MEMBERS OF ORDINANCEND.. 11205 `:' THE HISTORIC:AND `ENVIRONMENTAL' PRESERVA-' ` AN ORDINANCE °ESTABLISHING` APPA60RIATIONS TIOh]'BOARD.TO:dONFORM WITH`THE'PROVISIONS FOR CITY OF MIAMI CAPITAL IMPROVEMENTS;' OF' ORDINANCE%NO.'' 11130; •ADOPjED,' MARCH `24; CONTINUING AND . -REVISING REVISING PREVIOUSLY AP-, i984;. ESTABLISHING FEES' FOR APPEALS'OF MES- PROVED:.- SCHEDULED ;'.CAPITAL IMPROVEMENT. �iGNATIONS ANQ,:CERTIFICATES, OF APPROPRIATE- PROJECTS; ESTABLISHING:,° NEW .CAPITAL IM- NESS;: MORE :PARTICULARLY, BY AMENDING SEC-: :. 'PROVEMENT PROJECTS TO, BEGIN DURING FISCAL T'IONS'62=71; 23,.1-4 AND.23:1.5 OF THE CODE OE YEAR 199.4-95; REPEALING PROVISIONS >OF ORDI. ;;THE CITY,'OF MIAMI, FLORIDA; AS:AMENDED; CON- NANCE NO. 11139, AS'AMENDED, THE FISCAL YEAR r (AINING ,K REPEALER'.PROVISION AND A'SEVER . 1993-1904' CAPITAL' - IMPROVEMENTS "APPROPRIA ABILITY CLAUSE; AND, PROVIDING:FOR AN EFFEC TONS ORDINANCE, WHICH MAY'. BE IN CONFLICT TIVE DATE: WITH .THIS •ORDINANCE;''PROVIDING CONDITIONS' AUTHORIZATIONS ANq DIRECTIONS TO THE'CITY MANAGER AND CITY CLERK, CONTAINING A ,RE - ORDINANCE NO 112R MANAG . PROVISION AN LE K;, C BILI1`Y' CLAUSE AN ORDINANCE AMENDING THE `REQUIREMENTS , , ;. AND PROVIDING FOR AN EFFECTIVE FOR:TERMS OF`"OFFICE: ANq REMOVAL OF MEIN-: BERS OF THE URBAM DEVELOPMENT REVIEW,' -.Said ordinances ma be Inspected BOARD TO CONFORM WITH THE: ;PROVISIONS ,OF, Y p cted by the public a4 the Officq of , ORDINANCE NO 11130, ADOPTEq:MARCH.24' .1994; the City Clerk, 3500 Pan'American Drfve, Mlami,JFlor{da, Monda�r MARE P�4R .icuLARLY BY;AMENDING`SECTION 62 84 through Friday, excluding holidays, between the hours •o(e `a m, pF-THE;CODE OF THE CITY OF MIAMI, FLORIDA" AS and 5.p mi �zY MATTY HIRAI ' AMENDED;;, CONTAINING A- REPEALER PROVISION c � AND rA .SEVFIRABILITY CLAUSE AND PROVIDING z`" 93 CITY CLERK =+7 FQR AN EFFECTIVE DATE CITYbF MIAMi,`FLORIDA 02261) ORDINANCE NO:11202 a, 19/30` �q°F�arto��o4 ; 94-4113045M AN ORDINANCE,AMENDING THE -ZONING ATLAS:OF' " ; , MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelme V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11204 Inthe ....................... XX3{KfXXX............................... Court, was published In said newspaper In the Issues of Nov 30, 1994 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the sold newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any per Irm or corporation any discoypt, rebate, commiss r refu d for the purpose of secu 1fig this advertise r pub cation in the said news pe ,. :1:�4,....... Sworn to and subscribed before me this 30 November 94 .....day of .......................................... a•"anJiE.`%A.D.19...... (SEAL) Octelma V. Ferbeyre personally 06Fi:tAL hlOTARY SEAL LIIbRYL H MARMER COMTuf;9%ON No. C'r 191"2 MY CUMMIVON Ur. APR. 12,19%