The URL can be used to link to this page

Home My WebLink AboutSubmittal-Nathan Kurland-LetterSubmitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk 3132 Day Avenue Coconut Grove, FL 33133 February 16, 2024 Via Electronic Mail The Honorable Francis X. Suarez Mayor, City of Miami and Honorable Members, Miami City Commission Miami City Hall, 3500 Pan American Drive Coconut Grove, FL 33133 Re: Support for Agenda Item No. FR.3 at the February 22 City Commission meeting Dear Mayor Suarez and Commissioners: Missing entirely from the recent debate and public discussion about the three digital signs proposed for Perez Art Museum Miami (PAMM) and the Adrienne Arsht Center for the Performing Arts of Miami -Dade County (Arsht) is this simple fact: The most important statute that regulates outdoor signage throughout Miami -Dade County, including within the City of Miami, is the Sign Code of Miami -Dade County ... and that governing law manifestly renders absolutely illegal the structures contemplated at both facilities. A brief history lesson is in order and is important. Prior to July 1985, the county's outdoor advertising regulations applied only in unincorporated Dade. But when the County Commission approved a comprehensive, year -in -the -making rewrite of its zoning -code regulations for all forms of signs that month — authored principally by then - Commissioner Harvey Ruvin — the Commission flexed its Home Rule Charter powers and gave the new Sign Code countywide authority. Since then, the Sign Code establishes minimum regulations for all outdoor signage, everywhere in the county. The county's various municipalities may enact regulations for any type of sign more restrictive than the Sign Code requirements — Miami Beach, for example, prohibits Class C commercial billboards — but no city government legally may enact any rule more permissive than the Sign Code. Within each city, that government is responsible for primary enforcement of the Sign Code and any municipal sign regulations. But the county never reliquished its enforcement rights and may exercise them at will, anywhere it deems necessary. During the nearly 39 years since the Sign Code's adoption, almost all municipalities have honored it. Notoriously and notably across those many years, prior Miami City Commissions subverted and ignored the Sign Code by "authorizing" and "approving" a broad variety of illegal 15416 I Submittal -Nathan Kurland -Letter 15500 Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk signs — always in the face of expert public testimony beforehand that each commission decision would violate specific Sign Code provisions, and regularly in exchange for millions of dollars paid to the city by the scofflaw sign companies. So here we are again, in very familiar territory. It is upon your shoulders to decide whether the City of Miami yet again "authorizes" and "approves" signage that unambiguously violates the Sign Code, which is the law hereabouts. First attached and marked "A" are portions of the Sign Code relevant to this matter. I have yellow -highlighted and/or bolded the text in certain places. This is my summary of these key provisions: Page 1 — The Sign Code applies throughout the City of Miami and establishes minimum standards for all forms of signs. The city may adopt more stringent regulations than the Sign Code. The city is first responsible to enforce the sign code within its municipal boundaries. The county may enforce its Sign Code within the city if it so desires. The Sign Code generally does not apply within the City of Miami's Urban Core, the boundaries of which are defined in the Sign Code ... except that certain Sign Code rules continue to govern the City of Miami within its Urban Core, most notably Section 33-96 (Illumination) and Section 33-96.1 (Digital Class B Signs). Page 2 — The boundaries of the City of Miami's Urban Core are shown. Both PAMM and Arsht are within those boundaries. Page 3 — Class B signs also are known as Point of Sale (POS) signs: Goods and services advertised on such signs are available at that sign's location. Class C commercial signs advertise goods and services available somewhere away front that sign's location. Illumination of signs that use digital technology is specifically regulated in Section 33-96.1. And here is the first of two reasons — and the one most obvious — why the PAMM and Arsht sign proposals must be rejected, as instructed by the Sign Code law: Digital sign technology is legal only for Class B, Point of Sale signs. The public record made by PAMM and Arsht representatibes is abundantly clear that each institution absolutely intends to operate its proposed sign(s) as Class C commercial advertising panels, promoting goods and services not available at either location. The illegality of both intended sign uses could not be more plainly evident, and both signs must be denied. Page 4 — As begun at the bottom of Page 3, there are a number of very specific, mandatory conditions for even a Class B digital sign to be legal. Rule No. 6 is, in effect, a repetition of the Page 3 demand that digital signs may only be Class B and advertise only onsite goods and services. Rule No. 3, though, is Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk extremely important in its own right, and this is the second of two reasons why the PAMM and Arsht signs proposals must be rejected. Even a Class B digital sign — which the PAMM and Arsht signs decidedly are not — must be installed on property that is at least 10 acres in size. That means, even if PAMM and Arsht suddenly agreed to operate their proposed signs as Class B Point of Sale installations, those signs still would be illegal under the Sign Code because of the minimum -acreage requirement. Second attached and marked "B" is data copied from the Miami -Dade County Property Appraiser's Office website for PAMM, which owns its building and leases its property from the City of Miami for $2 a year. The pole already installed for PAMM's proposed sign is located within the yellow folio perimeter line for its leased land. Curiously, the data shows "0" for PAMM's leased lot size. But generously using the exaggerated total of its multi -floor interior building space — 243,072 square feet — that equates to 5.6 acres ... only a bit more than half of the legally required 10 acres for the sign to be legal, even if it were a Class B model. Which it is not. Third, fourth and fifth attached, and marked "Cl," C2" and "C3", are data also from the Property Appraiser's Office website, this time for Arsht. The "Cl" attachment indicates the lot size for Arsht's western structure at 153,533 square feet. That equates to a little more than 3.5 acres, about a third of the legally required 10 acres for the sign to be legal, even if it were a Class B model. Which it also is not. The "C2" and "C3" attachments together indicate the lot size for Arsht's eastern structure at 102,322 square feet, 2.35 acres, less than a fourth of the legally required 10 acres for the sign to be legal, even if it were a Class B model. Which it most certainly is not. There you have it. The three digital signs proposed by PAMM and by Arsht are illegal because of two plainspoken provisions of the governing Sign Code of Miami -Dade County: They would be operated as Class C commercial signs, which are not allowed to contain digital technology, and none of the three properties on which they would exist are 10 acres in size, a legal necessity even for a Class B sign, which none of the three would be in the first place. Therefore, your governmental duty in this regard is crystal-clear. Kill the signs. They are illegal. Further, it is absolutely pathetic that, across the several decades during which the Miami City Commission has "authorized" or "approved" the installation of scores of outdoor advertising signs within its municipal boundaries — all in clear and absolute violation of the Sign Code, and many of which persist to this day — that county officials could not be bothered to even lift a finger to make a phone call and ask Miami officials to obey the law ... much less take more serious action to enforce the rule of law in this regard. The City of Miami's flagrant violations of the governing statute — popularly known as "serial acts of municipal prostitution," given the many millions of dollars paid to the city in exchange for obtaining those illegal "authorizations" and "approvals" — has simply been disgusting. And I Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk believe the county shares equal blame with the city for that unconscionable history in our community. Sincerely, QAAtyv'e \d' Nathan R. Kurland cc: Mr. Arthur Noriega V, Miami City Manager Victoria Mendez, Esq., Miami City Attorney Mr. Todd B. Hannon, Miami City Clerk The Honorable Daniella Levine Cava, Mayor, Miami -Dade County The Honorable Oliver G. Gilbert, III, Chairman, Board of County Commissioners Geri Bonzon-Keenan, Esq., Miami -Dade County Attorney Attachments: "A" Relevant portions of the current Sign Code of Miami -Dade County "B" PAMM data from the Property Appraiser's Office website "CI," "C2" and "C3" Arsht data from the Property Appraiser's Office website Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Miami -Dade County Sign Code @ February 16, 2024 ARTICLE VI. - SIGNS DIVISION 1. - TITLE. APPLICABILITY, PURPOSE AND DEFINITIONS Sec. 33-82. - Short title and applicability within the incorporated and unincorporated areas. (a) This article shall be known as the "Sign, Code of Miami -Dade County, Florida" and shall be applicable in the unincorporated areas of Miami -Dade County. and specifically in the incorporated areas of Miami -Dade County as a minimum standard. (1) In the unincorporated areas, this chapter shall be enforced by the County, and in the incorporated areas, this chapter shall be enforced by the municipalities. (2) Any municipality may establish and enforce more stringent regulations as such municipality may deem necessary, may establish penalties for violations thereof, and may establish procedures for review and approval of sign permit applications. (3) It is provided, however, that if the provisions herein are not enforced within a municipality, and the municipality has not opted out of the applicable provisions if so permitted pursuant to this article, the County may enforce such provisions. (c) Notwithstanding the foregoing, this article shall not apply in the City of Miami Urban Core, as defined in this article, so long as the City of Miami has, by ordinance, opted out of this article as to that area and has established its own regulations of signs, provided, however, that any portion of the City of Miami Urban Core as to which the City of Miami has opted out of this article shall nevertheless remain subject to the regulations in this article governing illumination and murals, including, but not limited to, sections 33-84, 33-86, 33-94, 33-95. 33-96, 33-96.1 and 33-107, and the regulations in this article governing roof signs in section 33-106.1. Sec. 33-84. - Definitions. For the purposes of this article the following words and phrases are hereby defined as provided in this section. (10) Digital technology (signs): Electronic technology that allows for changes to sign copy resulting from digital data input. Included in this technology are signs that use series of lights, including light emitting diodes (LED), fiber optics, or other similar technology. (32) City of Miami Urban Core Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk NW 71'H ST SW 1ST ST 3ntl H1Z4 MS MIAMI.DADE COUNTY r:,A! 37TH ST m x m NW 29TH ST NW 28TH ST i Jo Se E 40 TH ST z m NE 20TH S' z z z 3 m * D 2 NW fiTN 5 z 3 z o . .) < rt m F,`, 1 1 m 0i, 4 .y 1195 NE36TH ST .w tn U NE 18TH ST ammemomNow NE 15TH ST SW 7TH S1 FLAGLER ST r an r .. ro z m -i 0 R', m SW 8TH ST SE 1ST ST SE 3RD ST CITY OF MIAMI URBAN CORE m VENETIAN WAY w Z MACARTHUR CSWY AORTe<1„D 1 195 Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sec. 33-84.1. - Sign structure classifications and sign content categories. (a) Sign structure classifications. following classifications: For purposes of this article, sign structures are divided into the (2) Class B sign. Class B sign structures are: flat attached signs, including wall signs, other than murals; hanging signs; awning signs; cantilever signs, except detached Class C signs; projecting signs; marquee signs; roller curtain signs; umbrella signs; canopy signs; pylon signs; roof signs; and monument signs. (3) Class C sign. Class C sign structures are: billboards, bulletin boards, and poster boards, including such signs in cantilever or V-shaped configurations; wall signs, including murals; and kiosks. Sec. 33-96. - Illumination. (a) All signs shall be static and shall not include digital technology, except as expressly provided for in this Code. This section does not allow digital technology signs in any particular location or zoning district; digital technology signs may only be permitted as specifically authorized in other sections of this chapter. Sec. 33-96.1. - * Digital Class B signs (a) Digital Class B Sign ("DCBS") shall mean a Class B sign on which a sign face is illuminated with digital technology. This section shalt apply only to DCBSs. (b) A DCBS shall be permitted: (1) In BU and IU districts; or (2) For buildings or other structures intended for public assemblage, wherein provisions are made for 50 or more persons to assemble in one room or stnicture, including, without limitation, educational facilities, religious facilities, seaports, airports, sports stadiums, racetracks, and other similar uses. (c) A DCBS shall be subject to the following mandatory conditions (1) A DCBS shall conform to all sign size, placement, setback, and quantity limitations as provided elsewhere in this chapter for Class B signs and shall comply with all building code requirements. 3 Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (3) A minimum of 10 acres gross improved land area shall be required for the placement of a DCBS. (6) The content of the DCBS shall be limited solely to onsite and directional signs. HOME EXEMPTIONS REAL TANGIBLE 6 ESTATE PERSONAL RECOROSTOOLS ADMINISTRATION US U nTNFR PRflPFRTY ADDRESS OWNER NAME SUBDIVISION NAME FOLIO SEARCH: 1`103 biscay... Suite Folio: 01-4137-073-0016 Sub -Division: MUSEUM PARK Property Address 1103 BISCAYNE BLVD Owner MIAMI ART MUSEUM Ay„ OF DADE COUNTY ASSC INC Mailing Address 101 FLAGLER ST MIAMI, FL 33130 PA Primary Zone 0000 Primary Land Use 3515 TOURIST ATTRACTION/EXHIBIT : ENTERTAINMENT Beds / Baths /Half Floors Living Units Actual Area Living Area Adjusted Area Lot Size Year Built 0/0/0 3 0 243,072 Sq.Ft 243,072 Sq.Ft 229,266 Sq.Ft 0 Sq.Ft 2014 Back to Search Results PUBLIC ONLINE TAX ROLL ABOUT CONTACT "B" Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk "C1" HOME EXEMPTIONS REAL TANGIBLE PUBLIC ONLINE TAX ROLL ABOUT CONTAI1 a ESTATE PERSONAL RECORDSTOOLS ADMINISTRATION US US OTNFR PRIIPFRTY ADDRESS OWNER NAME SUBDIVISION NAME FOLIO SEARCH: 1300 biscayne bout... Suite o Folio: 01-3231-056-0010 Sub -Division: PERFORMING ARTS CENTER OF MIAMI Property Address 1300 BISCAYNE BLVD Owner MIAMI-DADE COUNTY PERFORMING ARTS CENTER Mailing Address 1444 BISCAYNE BLVD STE 202 MIAMI, FL 33132-1422 PA Primary Zone 6600 COMMERCIAL - LIBERAL Primary Land Use 8647 COUNTY : DADE COUNTY Beds / Baths /Half Floors Living Units Actual Area Living Area Adjusted Area Lot Size Year Built 0/0/0 0 244,533 Sq.Ft 153,533 Sq.Ft 2006 d0 ZOOM Map View Layers Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk HOME EXEMPTIONS REAL TANGIBLE PUBLIC ONLINE TAX ROLL ABOUT CONTAG O ESTATE PERSONAL RECORDSTOOLS ADMINISTRATION US US nrHFR PRRPFRTV ADDRESS OWNER NAME SUBDIVISION NAME FOLIO SEARCH: 1300 biscayne bout... Suite Folio: 01-3231-056-0020 Sub -Division: PERFORMING ARTS CENTER OF MIAMI Property Address 1351 BISCAYNE BLVD Owner MIAMI-DADE COUNTY PERFORMING ARTS CENTER Mailing Address 1444 BISCAYNE BLVD STE 202 MIAMI, FL 33132-1422 PA Primary Zone 6600 COMMERCIAL - LIBERAL Primary Land Use 8647 COUNTY : DADE COUNTY Beds / Baths /Half Floors Living Units Actual Area Living Area Adjusted Area Lot Size Year Built r , u ra ZOOM 0/0/0 0 303,989 Sq Ft 63,859 Sq.Ft 2006 Map View v Layers " C2" Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk " C3" HOME EXEMPTIONS REAL TANGIBLE PUBLIC ONLINE TAX ROLL ABOUT CONTAC +7 ESTATE PERSONAL RECORDSTOOLS ADMINISTRATION US US flTNFR PRflPFRTY ADDRESS OWNER NAME SUBDIVISION NAME FOLIO SEARCH: 1300 biscayne bout... Folio: 01-3231-056-0021 Sub -Division: PERFORMING ARTS CENTER OF MIAMI Property Address 1301 BISCAYNE BLVD Owner MIAMI-DADE COUNTY PERFORMING ARTS CENTER Mailing Address 1444 BISCAYNE BLVD STE 202 MIAMI, FL 33132-1422 PA Primary Zone 6600 COMMERCIAL - LIBERAL Suite Primary Land Use 8080 VACANT GOVERNMENTAL : VACANT LAND - GOVERNMENTAL Beds I Baths /Half Floors Living Units Actual Area Living Area Adjusted Area Lot Size Year Built 0/010 0 0 0 Sq.Ft 0 Sq.Ft 0 Sq.Ft 38,463 Sq.Ft Map View v Layers Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk