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HomeMy WebLinkAboutLegislation (Version 1)City Hall City of Miami 3500 Pan American Drive ''° Rdx air Legislation Miami, FL 33133 f www.miamigov.com ' Ordinance File Number: 06-01053A Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING THE OMNI MEDIA TOWER REGULATIONS AND AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," MORE PARTICULARLY BYAMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO CREATE A NEW DIVISION 8 ENTITLED "OMNI MEDIA TOWER REQULATIONS"; PROVIDING FOR INTENT AND PURPOSE; REQUIRING DEVELOPMENT AGREEMENT IN CONJUNCTION WITH THE PLACEMENT OF AN OMNI MEDIA TOWER; CREATING DEFINITIONS, CRITERIA, A PERMITTING PROCEDURE, APPROVAL PROCESS AND FEES; PROVIDING FOR APPEALS, AND A COUNTY OPT -OUT PROVISION; PROVIDING FOR RESOLUTION OF CONFLICTS AND ENFORCEMENT; AND ALSO FURTHER AMENDING CHAPTER 62 ENTITLED "URBAN DEVELOPMENT REVIEW BOARD", SPECIFICALLY, ARTICLE IX, ENTITLED "FUNCTIONS, POWERS AND DUTIES GENERALLY" SECTION 62-258 (1) TO PROVIDE ADDITIONAL REVIEW POWERS TO THE URBAN DEVELOPMENT REVIEW BOARD WITH REGARD TO MEDIA TOWERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Zoning Code of the City of Miami, Florida, permits Media Towers in the South East Overtown Park West ("SEOPW") Community Redevelopment Area ("CRA"); and WHEREAS, the City Commission deems it is in the best interest of the City of Miami also to permit Media Towers in the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA") and to regulate such uses in the Code of the City of Miami, Florida, as amended; and WHEREAS, a major goal of the Omni CRA is to encourage successful redevelopment projects, thereby achieving the complete eradication of slums and blight from the CRA area and improving the public safety and aesthetics of the area; and WHEREAS, the Omni CRA includes the Miami Performing Arts Center District, a regional arts and entertainment resource; and WHEREAS, after careful consideration of this matter the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to permit Omni Media Towers by amending the Code of the City of Miami, Florida, as amended ("City Code") as hereinafter set forth; and WHEREAS, the City Commission has determined that the erection of Media Towers within the Omni CRA would be consistent with the customary use of displays and signage within Miami's urban core areas; and City of Miami Page I of 9 File Id. 06-01053a (Version: 1) Printed On: 7/12/2010 File Number.' 06-01053zt WHEREAS, such customary use of displays and signage includes the regulation of signs under The Miami 21 Code of the City of Miami, Florida, and the regulation of wall murals under Section 62-600 of the City Code, although neither apply to the regulation of Omni Media Towers as defined under this ordinance and the criteria set forth herein; and WHEREAS, the City Commission has determined that the development of the Omni Media Towers in the Omni CRA area will aid in the expansion of tourism, arts and entertainment in the Omni CRA, as well as generate tax increment financing dollars within the CRA; and WHEREAS, the City Commission has determined that the Omni Media Towers will promote the exposure of the Omni CRA by adding illumination and visual enhancement as well as integrating with the cultural and entertainment elements of the district, including the Miami Performing Arts Center District; and WHEREAS, the City Commission has determined that development of Omni Media Towers will provide a significant infrastructure benefit to the Omni CRA area and will also create and promote commercial, retail, entertainment, recreation, office, and residential development within the Omni CRA; and WHEREAS, the City Commission has determined that the development of the Omni Media Towers will create a stronger sense of place and visual identification, as well as urban vitality in the Omni CRA; and WHEREAS, the City Commission has determined that the Omni Media Towers shall only be permitted when a property owner has entered into a binding development agreement that will create a substantial redevelopment project and public benefit within the Omni CRA, meeting the goals of the CRA and this Ordinance; and WHEREAS, the City Commission has determined that the development of Omni Media Towers, and future development promoted by Omni Media Towers, will assist in the removal of blight from the Omni CRA area, as well as the improvement of public safety and aesthetics in the area; and WHEREAS, the City Commission has determined that the Urban Development Review Board, the Director of Planning, and the Director of Building and Zoning should provide a recommendation to the City Manager or designee with regard to proposed Media Towers; and WHEREAS, by the adoption of this Ordinance the City of Miami exercises its right to opt out of the provisions of the Miami -Dade County Code of Ordinances Section 33-121.11; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAAS FOLLOWS: 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. Section 2. Chapter 62 of the City Code, is hereby amended by adding a new Division 8 and Sections 62-800 - 62-812, entitled "Omni Media Tower Regulations" in the following particulars: (1) "CHAPTER 62 City of Miami Page 2 of 9 File Id: 06-01053zt (version: 1) Printed On: 7/12/2010 File Number. 06-01053zt ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 8. OMNI MEDIATOWER REGULATIONS Section 62-800. Definitions. For the purpose of this Division, the following definitions shall a A licant is any person or entity who, pursuant to this Division, is seeking to apply for an Omni Media Tower permit. Commercial Message includes text, logo, image, or any other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. Text or letters that do not spell a name or words shall be considered a component of the commercial message. Development Agreement is an agreement construed and implemented among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163.3243, Florida Statutes. Media Tower is a building that may serve as a viewing tower and a kinetic illuminated media display systemutilizing signage, and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area and in the Omni Redevelopment District Community Redevelopment Agency Area (Omni CRA) . Miami Performing Arts Center District is the area surrounding the Miami Performing Arts Center, a regional arts and entertainment resource. Omni Media Tower is a building that satisfies the requirements set forth in Section 62-803 of the Ordinance as a media tower that will utilize a visual media display system, as permitted by the Ordinance. Omni CRA is the area bounded by the Florida East Coast Railroad right-of-way on the West, the Northerly right-of-way line of 1-395 on the South, the Westerly Shore of Biscayne Bay on the East and the Southerly right-of-way of N.E. 20 Street on the North. Visual Media Display System on a Media Tower means an affixed illuminated display system using si.qnage and anv other form of illuminated visual message media, constructed to display one or more paintings or artistic works, that may be electronic and composed of photographs, animation, or arrangements of color, and that display a commercial or noncommercial message, relies on the City of Miami Page 3 of 9 File Id. 06-01053zt (Version: 1) Printed On: 7/12/2010 File Number: 06-01053zt buildina for riaid structural su000rt. and are anolied to the buildina or deoicted on vinvl. fabric or other Section 62-801. Intent and Purpose. It is intended that Media Towers within the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA") be used to achieve an overall effect and aesthetic consistency on privateer -owned property within the Omni CRA based upon criteria described in Sections 62-804 and n as the Community Redevelopment Act of 1969, and in the implementing provisions of this ordinance. The City Commission has determined that the Omni Media Tower Regulations serve to; 1) Help establish a unique local, regional and national identity within Miami's urban core; 2) Strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a manor redevelopment area within Miami's urban core; 3) Link future growth in the Omni CRA to improved pedestrian circulation and reduced conflict with vehicular traffic; 4) Improve the quality of new development in the Omni CRA by providing public amenities and visual enhancements in appropriate locations; 5) Assist in the removal of blight from the Omni CRA, as well as the improvement of public safety and aesthetics in the area; 6) Promote commercial, retail, entertainment, recreation, office, and residential development within the Omni CRA; 7) Provide a significant infrastructure benefit to the Omni CRA; 8) Create astronger sense of place and visual identification, as well as urban vitality in the Omni CRA; 9) Enhance the character of the Omni CRA and attract tourism, arts and entertainment; 10) Promote the exposure of the Omni CRA by adding illumination, and visual enhancement, integrating with the cultural and entertainment elements of the area; and 11) Provide a source of funds to be used exclusively within the Omni CRA for redevelopment related activities. It is further intended that Omni Media Towers be located where they can serve as a focal point or feature for the Omni CRA and provide a landmark for wayfinding, as pedestrians move away from downtown and the cultural destinations in Museum Park. Section 62-802, Development Agreement necessary. City of Miami Page 4 of 9 File Id: 06-01053zt (version: 1) Printed On: 7/12/2010 File Number: 06-01053zt Building permits for Omni Media Towers may only be issued following adoption and the recordation in owner(s) to create a substantial redevelopment project within the CRA that will meet the goals of the CRA and the coals set forth in Section 62-801. The Develobment Aareement shall aovern. amona other things, the design of a Omni Media Tower and any related development that benefits the area, any contributions to public infrastructure, etc., as well as the limitation and orientation of the signage located on the Omni Media Towers. Section 62-803. Omni Media Towers Permitted within the Omni CRA. Notwithstanding Section 6.5.4 of the Miami 21 Code, Omni Media Towers are permitted within the boundaries of the Omni CRA. An Omni Media Tower is a building, or portion thereof, that serves as structural support for media display, which shall include affixed illuminated display systems using signage and any other forms of illuminated visual message media ("visual media display systems"), Section 62-804. Building Criteria. Omni Media Towers may also serve as a viewing tower and may also contain any use permitted in the transect, as described in the Miami 21 Code, in which it is located. Omni Media Towers must be developed to include public r)arkina for a minimum of 1.000 cars. therebv orovidino a sionificant es an infrastructure deficiency and provi major public benefit. Omni Media Towers shall consist of a pedestal element and up to two (2) tower elements. The maximum height of an Omni Media Tower, including any tower element, shall be 500 feet. Omni Media Towers shall be permitted pursuant to this Division of the City Code. In the event that an Omni Media Tower site is the subject of an active Major Use Special Permit, the pedestal (or parking garage) component of the Omni Media Tower shall comply with the Zoning Code that was in effect at the time that the MUSP was approved. A Development Agreement on a site for a Omni Media Tower shall toll the MUSP for the duration of the Development Agreement, and, the Omni Media Tower element shall be reviewed and approved pursuant to Section 62-807 in lieu of any otherwise applicable special permit regulation. The pedestal (or parking garage) component of any other Omni Media Tower shall comply with the Miami 21 Code. Section 62-805. Visual Media Display System Criteria. The signage on an Omni Media Tower shall be designed pursuant to the following criteria. 1) An Omni Media Tower shall include one or more visual media display systems that shall be constructed to display one or more paintings or artistic works, that may be electronic and composed of photographs, animation, or arrangements of color, and that display a commercial or noncommercial message, rely on the building for rigid structural support, and are applied to City of Miand Page 5 of 9 File Id. 06-01053zi ([version: 1) Printed On: 7/1212010 File Number: 06-01053zt the building or depicted on vinyl, fabric or other similarly flexible material that is attached flush or flat against the building's surface. 2) A maximum of five (5) surfaces of an Omni Media Tower, including the surfaces of any tower element, may include a visual media display system as described in this Division. A visual media display system shall be permitted to cover the entirety of each surface. 3) The material depicted on each visual media display system shall be predominantly pictorial, with text consisting of less than fifty (50%) percent of the display at any one time. 4) The visual media display systems utilized on an Omni Media Tower shall be illuminated by light emitting diode (LED) lights. Illumination shall be such that it will provide reasonable illumination and eliminate glare and intensity that might pose safety hazards to drivers and pedestrians. 5) The commercial material depicted on the visual media display systems need not pertain to the use of Omni Media Tower property and may advertise products or services not offered on the premises. 6Z The surfaces of Omni Media Towers featuring a visual media display system shall not directly face any residential units within 500 feet of the Omni Media Tower. No portion of Omni Media Towers shall be located within 300 feet of T3, T4 or T5 Transect zoning districts. ,7) The visual media display systems shall be designed so that illumination of the systems shall not increase the light levels in any direction by more than the following_ a. Less than one foot-candle above the ambient lighting level when measured at a distance of 400 feet from an Omni Media Tower. b. Less than 0.5 foot-candles above the ambient lighting level when measured at a distance of 600 feet from an Omni Media Tower. c. Less than .25 foot-candles above the ambient lighting level when measured at a distance of 800 feet from an Omni Media Tower. Section 62-806. Permit Application. Aermit application for the approval of an Omni Media Tower shall contain the following: jj Dimensioned elevation drawing of the media tower. 2) A colored drawing or colored computer simulation depicting the Media Tower. 3), Site plan, elevations, landscape plan and, if applicable, floor plans. 4) A certified spacing survey that demonstrates compliance with this Division. Pa ment of a non-refundable administrative fee in the amount of $500.00. City of Miami Page 6 of 9 File Id: 06-01053zt (version: 1) Printed On: 7/12/2010 File Number.' 06-01053zt Permits for an Omni Media Tower will be issued by the City upon a determination that the applicant has complied with the criteria set forth in this Division. Section 62-807. Media Tower Permitting Procedure. An Omni Media Tower Permit shall be required for the approval of an Omni Media Tower as specified herein. The Omni Media Tower Permit shall be in lieu of any signage permits that otherwise would be required pursuant to the City's regulations. All permit applications shall require a mandatory review by the Urban Development Review Board (UDRB). Upon recommendation by the UDRB, the Director of Planning and the Director of Building and Zoning, the City Manager or Designee shall review the application for consistency with Sections 62-804 and 62-805 of this Division. All such applications shall also require approval by Miami -Dade Count and Florida Department of Transportation, if applicable. Upon compliance with all applicable requirements, reviews and approvals, the City Manager or Designee shall approve the permit application and qrant an Omni Media Tower Permit. Section 62-808. Annual Permit Fees, Permit Renewal Fees. The Permittee shall pay an annual permit fee equal to two dollars ($2) per square foot of Visual Media Display System for an Omni Media Tower Permit; which said annual fee shall, in no event, be less than Forty Eight Thousand Dollars ($48,000) per year (the "Permit Fee"). The initial Permit Fee shall be due and payable, in its entirety, prior to the construction of the Omni Media Tower, but, in any event, no later than thirty (30) days after receipt of an Omni Media Tower Permit. Each subsequent annual Permit Fee shall be due and payable on the anniversary of the issuance of the Omni Media Tower Permit. The Permit Fee is in addition to any non-refundable fees charged pursuant to this Division. Late payments shall accrue interest at the rate of eighteen percent (18%) per annum until paid. The annual Permit Fee shall expire once all visual media display systems have been removed from the Omni Media Tower and it ceases to convey any type of message Section 62-809. Appeals. In the event that the City Manager assigns a Designee, then any decisions of such Designee, pursuant to this section may be appealed within fifteen (15) days of the decision directly to the City Manager. Decisions by the City Manager may be appealed within fifteen (15) days of the decision directly to the City Commission. The grounds for any such appeal shall be limited to failure to comply with the criteria set forth in Sections 62-804 and 805, above.. Section. 62-810. Opt -out provision. The _City opts -out of Chapter 33, Article 6, Division 5 of the Miami -Dade County Code of Ordinances, as amended, per section 33-121.11 as applicable to Media Towers. The City has adopted the rules contained in this article, to regulate the Omni Media Towers within the Omni CRA, the urban core, and in proximity to expressways. Section 62-811. Compliance. An Applicant shall maintain compliance with any other county, state or federal codes regulating the s_Mna9e.. City of Miami Page 7 of 9 File Id. 06-01053x! (Version: 1) Printed On: 7/12/2010 File Number 06-01053zt Section 62-812, Enforcement. In the event of a violation of the terms of this Division, including the erection of a Media Tower without a permit, a civil penalty may be assessed or enforcement proceedings may be instituted with the city's code enforcement board or special masters. Each violation shall carry a civil penalty of up to $250.00 Per day ($500.00 if a repeat violator) or such greater penalties as are permitted by the county ordinance law. The City may employ all penalties and remedies set forth in Chapter 2, Article X entitled "Code Enforcement." This provision is supplemental to all other remedies and penalties provided by law. Decisions of the code enforcement board or special master shall be final and may be appealed to a court of competent jurisdiction within the times and in the manner provided by the Florida Rules of Appellate Procedure, and the laws of the state and this Code. Section 3. Chapter 62 of the City Code, is hereby further amended by amending Section 62- 258 (1) in the following particulars: {1} "CHAPTER 62 ZONING AND PLANNING ARTICLE IX. URBAN DEVELOPMENT REVIEW BOARD * * * Sec. 62-258. Functions, powers and duties generally. In addition to such other powers, duties and authority as may be set forth elsewhere in the city code, and in the zoning ordinance, the urban development review board is hereby authorized to: (1) Review and recommend to the Director of Planning and the Director of Building and Zoning, as applicable, for approval, approval with conditions or disapproval of applications for 14 Special Permits within certain zoning districts and to the City Manager or Designee on applications for Omni Media Tower Permits, pursuant to Section 62-807. Said review shall be pursuant to, city guides and standards for administrative review referenced in section 2-205(b) (8) of this Code, or such design guides contained in the requirements of the applicable zoning district text or specific regulation. Section 4. If any section, part of a 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 City of Miami Page 8 of 9 File Id: 06-01053zt (version: 1) Printed On: 7/12/2010 File Number: 06-01053zt adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: (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. {2} 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. City of Miami Page 9 of 9 File Id. 06-01053zt (Version: 1) Printed Ott: 7/12/2010