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HomeMy WebLinkAboutBack-Up DocumentsRICK SCOTT GOVERNOR Florida Department of Transportation 605 Suwannee Street ANANTH PRASAD, P.E. Tallahassee, FL 32399-0450 SECRETARY February 19, 2014 Mr. Johnny Martinez City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 RE: Acknowledgement of Local Control of Wall Murals within the City of Miami Dear Mr. Martinez: This correspondence is notification that the Florida Department of Transportation (Department) acknowledges the City of Miami's (City) determination of customary local use for Wall Murals within specified boundaries under the City's jurisdiction as detailed in Exhibit "A" as attached to this letter, in lieu of controls established in the Agreement between the United States Department of Transportation and the State of Florida, dated January 27, 1972. On May 10, 2008, the City passed Ordinance No. 12983, creating Sections 62-601 through 62- 618, Permitting and Regulating Wall Murals, of the Code of the City of Miami, Florida, as amended (the Wall Mural Ordinance), The City has represented to the Department that the intent of the Wall Mural Ordinance is to: 1) improve the appearance of the City's urban core; 2) document that prominent displays of large outdoor advertising displays, including Wall Murals, in the City's commercial and industrial urban core was a widespread, common and general practice, and a customary use beginning prior to 1972; 3) establish standards for size, lighting, and spacing of Wall Murals; and 4) establish penalties for violations and processes for enforcement. The City's certification is supported by numerous documents, including but not limited to: 1) City Ordinance 12983 (adopted 2008); 2) City Ordinance 7338 (adopted 1965); 3) an inventory dated February 19, 2014 of Wall Murals currently permitted under Ordinance 12983; and 4) the Agreement on Customary Use and Certification for Local Zoning Control for Murals Under the Highway Beautification Act by the City of Miami, the Florida Department of Transportation, and the Federal Highway Administration, Florida Division, all of which are attached and incorporated into this letter of agreement. www.dot.state.fl.us Further, the City agrees to the following: 1. The City must apply and enforce the provisions of Ordinance No. 12983 (the Wall Mural Ordinance). The size and lighting of all Wall Murals must adhere, at a minimum, to the requirements of the Wall Mural Ordinance, The City will not grant a permit, or renew a permit seeking to enlarge or modify a Wall Mural, without first securing Department approval. The City may grant modifications to an existing permit, if the modifications meet the criteria set forth in the Wall Mural Ordinance. Any variances to the Wall Mural Ordinance will be subject to the Department's approval. 2. Provisions of the Wall Mural Ordinance may be amended from time to time in a manner consistent with "customary use". Any proposed changes to the Wall Mural Ordinance will be subject to a review by the Department for consistency with the demonstrated "customary use" and the intent of the Highway Beautification Act. The Department will review and raise any objections to proposed amendments within thirty (30) days of submittal. The City will not amend the Wall Mural Ordinance, or adopt additional codes or ordinances related to the control of Wall Murals, without the approval of the Department. Department approval will not be unduly delayed and shall not be arbitrarily withheld. 3. Issuance of new Wall Mural permits must meet minimum size, height and spacing requirements contained in the Agreement on Customary Use and Certification for Local Zoning Control for Murals under the Highway Beautification Act between the City of Miami, the Florida Department of Transportation, and the Federal Highway Administration, Florida Division. All other applicable local government codes and ordinance must be met prior to issuance of a permit for a Wall Mural, 4, Wall Murals previously approved by the City that are not in compliance with the land use requirements in Section 479.156, Florida Statutes, shall be allowed to remain for the duration of any existing lease with the property owner, not to exceed ten years. At the end of the lease term, or ten years from the date of this agreement, whichever is earlier, Wall Murals not located in a commercial or industrial zoned area, must be relocated, or the permit will be revoked. Wall Murals for which permits are revoked must be removed within thirty (30) days of the revocation, at the expense of the Wall Mural permittee. The City will permit new Wall Murals only in commercial or industrial zoned areas. 5. The City will be subject to periodic inspections by the Department to ensure the City is controlling the display of Wall Murals in accordance with its ordinance. The City's failure to correct any deficiencies identified by the Department within a reasonable period of time shall be cause for termination of this certification, and the cause for removal of wail murals by the City. 6, if the Federal Government reduces transportation funding which would otherwise be apportioned to Florida due to the City's failure to control Wall Murals and the City's failure to cure any deficiencies identified by the Department, the Department may reduce State apportioned transportation funding in an equivalent amount to the City. 7. To the extent permitted by Florida law, the City of Miami shall indemnify, defend and hold harmless the Department, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, attorney's fees, resulting in any manner from the determination of customary use for local control of Wall Murals under the Highway Beautification Act or the certification for local control regarding Wall Murals. 8. The City shall annually certify to the Department that 50% of the gross revenue related to the permitting and regulation of Wall Murals, permitted subsequent to this Agreement, have been deposited monthly in an account that will be used solely for improvements, construction, and maintenance on the State Highway System within the City of Miami. The certification statement is due to the Department no later than ninety (90) days following the City's fiscal year end. The Department reserves the right to audit the City's records pertaining to this account and the use of deposited funds. 9. If any part, term, or provision of this agreement is held to be invalid or in conflict with any law of the State of Florida, the remainder shall not be affected. In such instance, the remainder would continue to conform to the terms and requirements of applicable law. In summary, the Department acknowledges the certification of the City for control of Wall Murals under the above terms and conditions, consistent with the effective control requirements of the Highway Beautification Act, federal and state regulations, and the federal/state agreement. Acknowledgement of the City's control of outdoor advertising based on customary local use is limited to Wall Murals. No other type of signage is included in the City's certification. Ananth Prasad, P.E. Secretary, Florida Department of Transportation City of Miami's Receipt and Concurrence: By: "` '` � )vlinry r acc Dated: ,2-/?- /14.