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Home My WebLink AboutFR/SR Memo and Legislation-Miami Dade CountyMEMORANDUM Agenda Item No. 7(B) (Second Reading 10-19-10) TO: Honorable Chairman Dennis C. Moss DATE: September 21, 2010 and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney SUBJECT: Ordinance pertaining to zoning regulation of signs; amending Sections 33-82 and 33-107 of the Code; expanding the area defined as the City of Miami Urban Core where mural signs may be permitted; increasing the number of mural signs permitted The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Bruno A. Barreiro. R. A. Cuevas, Jr. County Attomey RAC/j is Date: To: From: Subject: Memorandum October 19, 2010 Honorable Chairman Dennis C. Moss and Members, Board of County Commissioners George M. Burgess County Manager 14060 Ordinance amending Sections 33-82 and 33-107 of the Code of Miami -Dade County The proposed ordinance expanding the area defined as the City of Miami Urban Core where mural signs may be permitted, and increasing the number of mural signs permitted from 35 to 45, will not have a fiscal impact to the County. Alex Munoz, Assistant County anager Fis6410 MEMORANDUM (Revised) TO: Honorable Chairman Dennis C. Moss DATE: and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney a, October 19, 2010 SUBJECT: Agenda Item No. 7(B) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Manager's report for public hearing No committee review Applicable legislation requires more than a majority vote (Le., 2/3's , 3/5's , unanimous ) to approve `Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Approved Mayor Agenda Item No. 7 (B) Veto 10-19-10 Override ORDINANCE NO. ORDINANCE PERTAINING TO ZONING REGULATION OF SIGNS; AMENDING SECTIONS 33-82 AND 33-107 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); EXPANDING THE AREA DEFINED AS THE CITY OF MIAMI URBAN CORE WHERE MURAL SIGNS MAY BE PERMITTED; INCREASING THE NUMBER OF MURAL SIGNS PERMITTED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, Chapter 33 of the Code of Miami -Dade County regulates the placement and size of Class C signs within the incorporated and unincorporated areas of Miami -Dade County; and WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No. 07-61, as modified by Ordinance No. 07-91, authorizing the display of mural signs within City of Miami Urban Core; and WHEREAS, the City of Miami approved Resolution R-10-0328 requesting the Board to amend Chapter 33 of the Code of Miami -Dade County to expand the boundaries of the City of Miami Urban Core and to allow more than the current thirty-five (35) mural permits to be issued; and WHEREAS, the City of Miami would be aesthetically enhanced by the display of additional mural signs within the City of Miami Urban Core; and WHEREAS, the Board finds that the area proposed for expansion to the City of Miami Urban Core is aesthetically similar to the current boundaries of the City of Miami Urban Core, OR D 3553 Agenda Item No. 7(B) Page 2 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Section 33-84 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 33-84. Definitions. For the purposes of this article the following words and phrases are hereby defined as provided in this section, unless the context clearly indicates otherwise. Where there is a question as to the correct classification or definition of a sign, the Director shall place said sign in the strictest category and/or classification (y) * City of Miami Urban Core shall mean the geographic area commencing at Biscayne Bay and the North side of NE 18th Street; thence West along the North side of NE l8th Street to the East side of NE 2nd Avenue; thence North along the East side of NE 2nd Avenue to the South side of NE 36th Street; thence East along the South side of NE 36 Street to the West side of Biscayne Boulevard; thence North along the west side of Biscayne Boulevard to the North side of 1-195; thence West along the North side of I- 195 to the East side of N. Federal Highway; thence North along the East side of N. Federal Highway to the North side of NE 39th Street; thence West along the North side of NE 39th Street to East side of NE 2nd Avenue; thence North along the East side of NE 2nd Avenue to North side of NE 40th Street; thence West along the North side of NE 40th Street to West side of N. Miami Avenue; thence South along West side of N. Miami Avenue to the North side of NW 25th Street; thence West along the North side of NW 25th Street to the East side of the theoretical extension thereto of NW 1st Court; thence North along the East side of the theoretical extension of NW 1st Court to the North side of NW 27th Street; thence West along the North side of NW 27th Street to the West side of NW 2nd Avenue; thence South along the West side of NW 2nd Avenue to the Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or »double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Agenda Item No. 7(B) Page 3 South side of NW 19th Street; thence East along the South side of NW 19th Street to the West side of NW 1st Avenue; thence South along the West side of NW 1st Avenue to the North side of NW 16th Street; thence West along the North side of NW 16th Street to the West side of NW 3rd Avenue; thence South along the West side of NW 3rd Avenue to the North Side of the Dolphin Expressway; thence West along the North side of the Dolphin Expressway to the East side of 1-95; thence North along the East side of 1-95 to North side of NW 20th Street; thence West along the North side of NW 20th Street to the West side of NW 14th Avenue; thence South along the West side of NW 14th Avenue to the South side of the Dolphin Expressway; »thence East along the South side of the Dolphin Expressway to the East bank of the Wagner Creek Canal; thence South 300 feet along the East bank of the Wagner Creek Canal; thence East running parallel 300 feet to the South of the Dolphin Expressway to the West side of NW 7`h Avenue; thence North along the West side of NW 7th Avenue to the South side of the Dolphin Expressway;« thence East along the South side of the Dolphin Expressway to the West side of 1-95; thence South along the West side 1-95 to the South side of SW 8th Street; thence East along the South side of SW 8th Street to the East side of S. Miami Avenue; thence North along the East side of S. Miami Avenue to the South side of the Miami River; thence East along the South side of the Miami River to the East side of Brickell Avenue; thence North along the East side of Brickell Avenue to the North side of the Miami River; thence East along the North side of the Miami River to Biscayne Bay; thence North along the Biscayne Bay shoreline to the point of beginning, as shown on the City of Miami Urban Core map shown below. I'Deleted' I • .8.0111 ".trA . a NW, ?ATM # wrest at • r. 041.f: ,S114111 t SW _CM St Agenda Item No. 7(B) Page 4 May 1 100, Agenda Item No. 7 (B) Page 5 sW40111 ST sFt' row ISTH *4, • ity INW TN ST, ra• Svr 1ST wflijT WY16 i orwisnoS RAGIS,R _ E FLAC....E1 1196 VE.NEISytcSWY sasCARTHUS SSW, min Department of Planning and Zoning City of Miami 'Urban Core N iminsmin 21.0=100 4,000 SCALE IN FEET Agenda Item No. 7(B) Page 6 Section 2. Section 33-107 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 33-107. Class C commercial signs. * Murals. Notwithstanding the Class C sign limitations contained in this section, mural signs located within the City of Miami Urban Core shall be permitted, subject to the following conditions: (3) No more than [[33]]»45« mural signs shall be permitted at any one time within the entire City of Miami Urban Core. * * * Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be .renumberedor relettered toaccomplish such intention and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the M:.yvr, and if vetoed, shall become effective only upon. override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by: Craig H. Coller Prime Sponsor: Commissioner Bruno A. Barreiro