HomeMy WebLinkAboutPZAB 6-23-15 Supporting DocumentationPZAB.1
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
Applicant(s):
Purpose:
Finding(s):
Planning & Zoning:
Planning, Zoning and
Appeals Board:
15-00759zt Quasi -Judicial
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION
7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES;" MORE PARTICULARLY BY
AMENDING DIVISION 7, ENTITLED, "OMNI MEDIA TOWER REGULATIONS";
TO PROVIDE SUCH REGULATIONS ARE ALSO APPLICABLE TO THE
SOUTHEAST OVERTOWN PARK WEST AREA; FURTHER PROVIDING FOR
APPROVAL OF ANY MEDIA TOWER BY THE CITY COMMISSION; MAKING
CERTAIN OTHER CLARIFYING TECHNICAL CHANGES AS PROVIDED
HEREIN; ADDING DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
Daniel J. Alfonso, City Manager, on behalf of the City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250-5400
This will amend Chapter 62, Article 13, Division 7 of the Code entitled, "Zoning
and Planning/Zoning Approval for Temporary Uses and Occupancies" to
provide that regulations are also applicable to the Southeast Overtown Park
West Area.
Recommends approval.
June 23, 2015.
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00759zt Final Action Date:
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING
AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES;" MORE PARTICULARLY BY AMENDING DIVISION 7, ENTITLED,
"OMNI MEDIA TOWER REGULATIONS"; TO PROVIDE SUCH REGULATIONS ARE
ALSO APPLICABLE TO THE SOUTHEAST OVERTOWN PARK WEST AREA;
FURTHER PROVIDING FOR APPROVAL OF ANY MEDIA TOWER BY THE CITY
COMMISSION; MAKING CERTAIN OTHER CLARIFYING TECHNICAL CHANGES
AS PROVIDED HEREIN; ADDING DEFINITIONS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Chapter 62, Article 13, Division 7 of the Code entitled,
"Zoning and Planning/Zoning Approval for Temporary Uses and Occupancies" to
provide that regulations are also applicable to the Southeast Overtown Park West
Area.
WHEREAS, current regulations in the City of Miami ("City") provide for the consideration of
approval of Media Towers in the Omni Community Redevelopment Area ("Omni") through Chapter 62
of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, provisions for a Media Tower with the Southeast Overtown/Park West Redevelopment
Area exist in Article 6, Section 6.5 of the Miami 21 Code; and
WHEREAS, the same laudable purposes considered in the original enactment of the Omni Media
Tower Regulations are equally applicable to the Southeast Overtown Park West ("SEOPW')
Community Redevelopment Area; and
WHEREAS, the Miami 21 Code is being amended to repeal the existing regulations of Article 6,
Section 6.5; and
WHEREAS, this amendment to Chapter 62 will establish the same regulations currently existing for
the Omni Media Tower to apply to the Southeast Overtown/Park West Media Tower; and
WHEREAS, the City continues to exercise its right to opt out of the provisions of the Miami -Dade
City of Miami
Page 1 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
County Code of Ordinances Section 33-121.1;1
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62/Article XIII/Division 7 of the Code of the City of Miami, Florida, as amended,
entitled "Omni Media Tower Regulations," is further amended in the following particulars:{1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED
DIVISION 7. OMNI AND SOUTHEAST OVERTOWN / PARKWEST MEDIA TOWER REGULATIONS.
Sec. 62-618.21. - Definitions.
For the purpose of this division, the following definitions shall apply:
Applicant is any person or entity who, pursuant to this division, is seeking to apply for an 9Omni or
Southeast Overtown / Parkwest Media -Rower 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.
CRA benefits agreement is an agreement that may be entered into by the developer and the CRA
voluntarily to afford certain benefits to the CRA and the community at large.
Development agreement is an agreement construed and implemented between developer/owner
and the city pursuant to the Florida Local Government Development Agreement Act, F.S. §§
163.3220-163.3243.
Media tower(s) is a building Structure that may serve as one or more viewing towers and a kinetic
illuminated media display system, utilizing signage, video, and all other forms of animated illuminated
visual message media within the Southeast/Overtown Park West Redevelopment Area (SEOPW CRA)
and/or in the Omni Redevelopment District Community Redevelopment Agency Area (Omni CRA). The
City of Miami Page 2 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
structure may contain permitted uses of the transect per Miami 21.
Miami Performing Arts Center district is the area surrounding the Miami Performing Arts Center, a
regional arts and entertainment resource.
Omni Redevelopment District Community Redevelopment Agency jOmni CRA1 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.
Omni media tower is a building that satisfies the requirements set forth in section 62 95 62-618.24
as a media tower that will utilize a visual media display system, as permitted by the division.
Southeast Overtown Park West Redevelopment District Community Redevelopment Agency
(SEOPW) CRA is the area generally bounded by Biscayne Boulevard on the East, to NW 7th Avenue
on the West, NW 5th Street on the South to portions of NW 12th and 13th Streets on the North and
portions of NW 22nd Street on the North.
Visual media display system on a media tower means an affixed illuminated display system using
signage and any 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
building for rigid structural support, and are applied to the building or depicted on vinyl, fabric or other
similarly flexible material that is attached flush or flat against the building's surface.
Sec. 62-618.22. - Intent and purpose.
It is intended that media towers within the Omni Redevelopment District Community
Redevelopment Agency ("Omni CRA") and the Southeast Overtown Park West Redevelopment
District Community Redevelopment Agency ( "SEOPW CRA") areas be used to achieve an overall
effect and aesthetic consistency on privately -owned property within the Omni and/or SEOPW CRA(s)
based upon criteria described in sections 62-618.25 and 62-618.26 and applicable provisions of F.S.
ch. 163, part III, referred to herein as the Community Redevelopment Act of 1969, and in the
implementing provisions of this division.
The city commission has determined that the sOmni / SEOPW CRA 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 major redevelopment area within Miami's urban
core;
(3) Link future growth in the Omni / SEOPW CRAB to improved pedestrian circulation and reduced
conflict with vehicular traffic;
(4) Improve the quality of new development in the Omni / SEOPW CRA(s) by providing public
amenities and visual enhancements in appropriate locations;
(5) Assist in the removal of blight from the Omni / SEOPW CRAB, 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 / SEOPW CRA;
(7) Provide a significant infrastructure benefit to the Omni / SEOPW CRAL;
(8) Create a stronger sense of place and visual identification, as well as urban vitality in the Omni /
SEOPW CRA;
(9) Enhance the character of the Omni / SEOPW CRA and attract tourism, arts and
City of Miami Page 3 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
entertainment;
(10) Promote the exposure of the Omni / SEOPW CRA L 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 by the city and/or the Omni/SEOPW CRAs for
redevelopment related activities.
It is further intended that Omni / SEOPW CRAL media towers be located where they can serve
as a focal point or feature for the Omni / SEOPW CRAL and provide a landmark for wayfinding,
as pedestrians move away from downtown and the cultural destinations in Museum Park, the
County Library/ County Government Complex , the Criminal Justice College among other
destinations.
Sec. 62-618.23. - Development agreement necessary.
Building permits for Omni / SEOPW CRA media towers may only be issued following adoption
and the recordation in the public records of Miami -Dade County, Florida of a development agreement
entered into by the city and the property owner(s) and developers of the property upon which an Osmni
/ SEOPW CRA media tower will be developed, pursuant to F.S. § 163.3220 et seq. The development
agreement shall require the property owner(s) and the developers to create a substantial
redevelopment project within the Omni / SEOPW CRA that will meet the goals of the Omni / SEOPW
CRA and the goals set forth in section 62-618.22. The development agreement shall govern, among
other things, the design of Oemni/ SEOPW CRA 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 Oemni/ SEOPW CRA media towers. To the extent that there
is any inconsistency or there is a more onerous and specific obligation in the development agreement
than required by this division, the development agreement shall control.
Sec. 62-618.24. - Omni/SEOPW CRA media towers permitted within the Omni CRA / SEOPW CRA.
Notwithstanding Section 6.5.E of the Miami 21 Code, Oemni/SEOPW CRA media towers are
permitted within the boundaries of the Omni CRA and SEOPW CRA. An Osmni/ SEOPW CRA media
tower is a building Structure, 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"). No Osmni/ SEOPW CRA media
towers shall be located within 1,200 feet of another separate Oemni/SEOPW CRA media tower in the
city. This distance shall be measured from the nearest point of one tower element to the nearest point
of another tower element, of the Oemni/ SEOPW CRA media towers.
3ec. 62-618.25. - Building criteria.
Omni/ SEOPW CRA 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/SEOPW
CRA media towers must be developed to include parking for a minimum of 1,000 cars, thereby
providing a significant infrastructure improvement for the Omni/SEOPW CRA as applicable, that
satisfies an infrastructure deficiency and provides a major public benefit and is available for use by the
public for a fee. The parking spaces provided along an omni media tower may serve as required
City of Miami Page 4 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
parking for any use that is related to the Oemni/SEOPW CRA media tower(s) and is governed by a
development agreement as provided in section 62-818.23.
Omni/SEOPW CRA media tower(s) shall consist of a pedestal element (i.e. parking garage, retail,
or other permissible uses) and up to two tower elements. The maximum height of an Oemni/SEOPW
CRA media tower, including any tower element, shall be 500 feet.
Omni/SEOPW CRA media towers shall be developed pursuant to this division of the City Code.
In the event that an Oemni/SEOPW CRA media tower site is the subject of an active major use
special permit (MUSP) or a Special Area Plan ("SAP"), and /or a Development Agreement as per
Section 62-618.23, the pedestal; component of the Oemni/SEOPW CRA media tower shall comply with
the zoning code that was in effect at the time that the MUSP, or the Special Area Plan ("SAP"), and/or
Development Agreement as applicable, was approved with respect to permitted uses and design. A
development agreement on a site for an Oemni/SEOPW CRA media tower may toll the MUSP or SAP,
as applicable, if that is one of the components to the development agreement. Moreover, if addressed
in the development agreement, a MUSP or SAP may be tolled until such time as a certificate of use
and certificate of occupancy are issued for such Oemni/SEOPW CRA media tower. Also, if addressed
in the development agreement, upon issuance of a certificate of use and certificate of occupancy for
such Oemni/SEOPW CRA, media tower, the MUSP or SAP may also be abandoned. The tower and
pedestal elements of such Oemni/SEOPW CRA media tower(s) shall be reviewed and approved
pursuant to this section and section 62-618.28, in lieu of any otherwise applicable special permit
regulation.
If the site is not the subject of an active MUSP, the pedestal component of any other
Oomni/SEOPW CRA media tower shall comply with the Miami 21 Code or applicable zoning
ordinance.
Sec. 62-618.26. - Visual media display system criteria.
The signage on an Oemni/SEOPW CRA media tower shall be designed pursuant to the following
criteria:
(1) An Oemni/SEOPW CRA 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 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 surfaces of an Oemni/SEOPW CRA 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, and shall be oriented, as specified in the development agreement, in the attached
plans to that agreement, minimizing impact to the residential areas.
(3) The material depicted on each visual media display system shall be predominantly
pictorial, with text consisting of less than 50 percent of the display at any one time.
(4) The visual media display systems utilized on an Oemni/SEOPW CRA 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
City of Miami Page 5 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
hazards to drivers and pedestrians.
(5) The commercial material depicted on the visual media display systems need not pertain
to the use of Oemni/SEOPW CRA media tower property and may advertise products or
services not offered on the premises.
(6) The surfaces of Oomni/SEOPW CRA media towers featuring a visual media display
system shall not directly face any residential units within 500 feet of the Osmni/SEOPW
CRA media tower. No portion of Osmni/SEOPW CRA 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.
Sec. 62-618.27. - Permit application.
A permit application for the approval of an Osmni/SEOPW CRA media tower(s) shall contain the
following:
(1) Dimensioned elevation drawing of the media tower(s).
(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.
(5) A lumen study demonstrating compliance with subsection 62-618.26(7).
(6) Payment of a non-refundable administrative fee in the amount of $2,500.00.
(7) Any other studies or documentation that the city deems necessary to evaluate the
project.
Permits for an Osmni/SEOPW CRA media tower will be issued by the city upon a determination
that the applicant has complied with the criteria set forth in this division.
Sec. 62-618.28. - Permitting procedure.
An Osmni/SEOPW CRA media tower permit shall be required for the approval of an
Oomni/SEOPW CRA media tower as specified herein. The Osmni/SEOPW CRA media tower permit
shall be in addition to any zoning approval or signage permits that otherwise would be required
pursuant to the city's regulations, including, without limitation, obtaining a sign permit as provided by
7.1.2.9 of the Miami21 Code, as amended. .
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 Zoning and the director of
building and zoning, and the city manager or his designee shall review the application for consistency
with sections 62-618.25 and 62-618.26. All such applications shall also require approval by
Miami -Dade County and Florida Department of Transportation, if applicable. Upon compliance with all
applicable requirements, reviews and approvals, the city manager or his designee shall recommend
approval of the permit to the Miami City Commission. The Miami City Commission, at an advertised
City of Miami Page 6 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
public hearing, will approve, approve with conditions, or deny the media tower permit based on the
criteria set forth in sections 62-618.25 and 62-618.26 of these Media Tower Regulations.
3ec. 62-618.29. - Annual permit fees, permit renewal fees.
The permittee shall pay an annual permit fee to the city equal to $2.00 per square foot per month
of visual media display system for an Osmni/SEOPW CRA media tower permit; said annual fee shall,
in no event, be less than $1,000,000.00 per year, regardless of whether the visual media display
system is functioning, or the images, ads, artistic works, paintings, collages, photos, commercial or
noncommercial messages, etc. are being displayed or not (the "permit fee"). Said permit fee shall be
deposited in the city's general fund. The initial permit fee shall be due and payable, in its entirety, prior
to the construction of the Osmni/SEOPW CRA media tower, but, in any event, no later than 30 days
after receipt of an Osmni/SEOPW CRA media tower permit. Each subsequent annual permit fee shall
be due and payable on the anniversary of the issuance of the Osmni/SEOPW CRA media tower
permit. The annual permit fee shall be increased by the greater of two percent or the annual
percentage increase in the United States Bureau of Labor Statistics Consumer Price Index (CPI)
Annual Average for the Miami -Ft. Lauderdale, Florida area, each year. 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 18 percent per annum until paid. The annual permit fee shall expire once all visual media
display systems have been removed from the Osmni/SEOPW CRA media tower and it ceases to
convey any type of message.
c. 62-618.30. - Appeals.
pursuant to this division may be appealed within 15 days of the decision directly to the city manager.
Decisions by the city manager may be appealed within 15 days of the decision directly to the city
forth in sections 62 618.25 and 62 618.26. Administrative decisions of any zoning approval or signage
permits that otherwise would be required pursuant to the city's regulations, including, without limitation,
obtaining a sign permit as provided by Section 7.1.2.9 of the Miami 21 Code, as amended, may be
appealed within 15 days of the decision directly to the City Commission. The grounds for such appeal
shall be limited to failure to comply with the criteria set forth in Sections 62-618.25 and 62-618.26.
The City Commission decision as to approving or denying a media tower permit will be final
and may be appealed as provided by the Florida Rules of Appellate Procedure by any party whose
interests are adversely affected who appeared at the public hearing and would have standing under
the laws of the State of Florida.
3ec. 62-618.31. - 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. The city has adopted the rules contained in this
article to regulate the omni media towers within the Omni, SEOPW CRAL, the urban core, and in
proximity to expressways.
*11
City of Miami
Page 7 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015
File Number: 15-00759zt
Section 3. 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 4.
thereof. {2}
This Ordinance shall become effective thirty (30) days after final reading and adoption
REVIEWED AND APPROVED
OFFICE OF THE CITY ATTORNEY:
Initial
Date
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remains of the provisions are now if effect and remain unchanged. Asterisks indicate
omitted and unchanged materials.
{2} This Ordinance shall become effective as specified as herein unless vetoed by the Mayor within ten
(10) 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 8 of 8 File Id: 15-00759zt (Version: 1) Printed On: 6/15/2015