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Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00977 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CBS
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO
ALLOW FOR 1,000 FOOT SPACING FOR THE FOLLOWING THREE LOCATIONS,
REQUIRING AN INITIAL AMENDED PERMIT: (A) THE FUJIMO LOCATION - 3621
NORTHEAST 1ST COURT; (B) THE OVERTOWN PLAZA LOCATION - 1490
NORTHWEST 3RD AVE.; AND (C) THE BLACK HISTORY MUSEUM LOCATION -
433 NORTHWEST 10TH STREET, MIAMI, FLORIDA; AND FURTHER
AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF
TRANSPORTATION OF THE CITY OF MIAMI'S INTENTION AS AGREED IN THE
AMENDMENT.
WHEREAS, Section 10.4.5 of the Miami Zoning Ordinance prohibits new freestanding
"Outdoor advertising signs" as defined therein, except for Outdoor advertising signs permitted
pursuant to a Settlement Agreement that results in a net reduction in the number of Outdoor
advertising signs located in the City of Miami ("City"); and
WHEREAS, pursuant to Resolution No. 08-0258, adopted May 8, 2008, the City Commission
authorized the City Manager on behalf of the City to enter into such a Settlement Agreement with
CBS Outdoor, Inc. (hereinafter "CBS"), which Settlement Agreement was finally executed by both the
City and CBS, and has an effective date of July 18, 2008 (hereinafter the "CBS Settlement
Agreement"); and
WHEREAS, at the time Resolution No. 08-0258 was adopted, and at the time the effective
date of the CBS Settlement Agreement, Section 479.07(9)(a), F.S. (2008), required new Outdoor
advertising signs to be located at least one thousand five hundred feet from any other permitted sign
on the same side of an interstate highway (hereinafter "1,500 foot spacing"); and
WHEREAS, pursuant to House Bill 1021, the Florida Legislature recently amended s.
479.07(9)(c), F.S., in the 2009 Legislative Session, to include the City within a pilot program
permitting new Outdoor advertising signs on an interstate highway to be located within one thousand
feet from any other permitted sign on the same side of the interstate highway (hereinafter "1,000 foot
spacing"), under certain enumerated conditions, to wit:
(c) Notwithstanding subparagraph (a)(1), there is established a pilot program in
Orange, Hillsborough, and Osceola Counties, and within the boundaries of the City of
Miami, under which the distance between permitted signs on the same side of an
interstate highway may be reduced to 1,000 feet if all other requirements of this
chapter are met and if:
1. The local government has adopted a plan, program, resolution,
ordinance, or other policy encouraging the voluntary removal of signs in a
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File Number: 09-00977
downtown, historic, redevelopment, infill, or other designated area which also
provides for a new or replacement sign to be erected on an interstate highway
within that jurisdiction if a sign in the designated area is removed;
2. The sign owner and the local government mutually agree to the
terms of the removal and replacement; and
3. The local government notifies the department of its intention to allow
such removal and replacement as agreed upon pursuant to subparagraph 2.
,and
WHEREAS, although the City, in conformity with s. 479.07(9)(c)(1), F.S. (2009), has adopted an
ordinance encouraging the voluntary removal of signs in a designated area (i.e, the boundaries of the
City), which also provides for a new or replacement sign to be erected on an interstate highway within
its jurisdiction if the sign in the designated area is removed (see Section 10.4.5 of the Miami Zoning
Code), the City has never specifically authorized 1,000 foot spacing; and
WHEREAS, the City Commission deems it in the best interest of the City to allow 1,000 foot
spacing for Outdoor advertising signs on a case by case basis; and
WHEREAS, the City Commission deems it in the best interest of the City to Amend the CBS
Settlement Agreement to allow for 1,000 foot spacing for the following three locations requested by
CBS, each requiring an Initial Amended Permit as defined in the CBS Settlement Agreement, i.e.: (a)
the Fujimo location - 3621 Northeast 1st Court; (b) the Overtown Plaza location - 1490 Northwest 3rd
Ave.; and (c) the Black History Museum location - 433 Northwest 10th Street, Miami, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to s. 479.07(9)(c)(2), F.S. (2009), the City Manager is authorized{1} to
execute an Amendment to the CBS Settlement Agreement, in substantially the attached form, to allow
for 1,000 foot spacing for the following three locations requested by CBS, each requiring an Initial
Amended Permit as defined in the CBS Settlement Agreement, i.e.: (a) the Fujimo location - 3621
Northeast 1st Court; (b) the Overtown Plaza location - 1490 Northwest 3rd Ave.; and (c) the Black
History Museum location - 433 Northwest 10th Street, Miami, Florida.
Section 3. Following execution of the aforesaid Amendment by the parties, pursuant to s.
479.07(9)(c)(3), F.S. (2009), the City Manager is further authorized{1}, to notify the Florida
Department of Transportation of the City's intention to allow removal of and replacement of Outdoor
advertising signs under 1,000 foot spacing as agreed upon pursuant to Section 2 above.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
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{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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