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HomeMy WebLinkAboutO-13553City of Miami Legislation Ordinance: 13553 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00997 Final Action Date: 9/24/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS ENTIRETY CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/ ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/OMNI MEDIA TOWER REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 62/Article XIII/Division 7 of the Code of the City of Miami, Florida, as amended is repealed in its entirety, in the following particulars:{1} "CHAPTER 62 PLANNING AND ZONING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 7. OMNI MEDIA TOWER REGULATIONS Sec. 62 618.21. Definitions. For the purpose of this division, the following definitions shall apply: Applicantis any person or entity who, pursuant to this-div+sion, is seeking to apply for an omni media tower permit. Commercial message includes text, logo, image, or any other representation that, directly or activity. Tcxt or Icttcrs 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 between developer/owner and thc city pursuant to thc Florida Local Government Development Agreement Act, F.S. §§ 163.3220 163.3243. Media tower(s) is a building that may serve as one or more viewing towers and a kinetic City of Miami Page 1 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018 File Number: 15-00997 Enactment Number: 13553 Redevelopment District Community Redevelopment Agency Area (Omni CRA). Miami Performing Arts cntcrtainmcnt resource. Omni Redevelopment District Community Redevelopment Agency (Omni CRA) is the area of N.E. 20 Street on the North. Omni media tower is a building that satisfies the requirements set forth in section 62 95 as a Visual media display system on a media tower means an affixed illuminated display system 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") be used to achieve an overall effect and aesthetic consistency on privately owned property within the Omni 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 The city commi.sion 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 core; {3) Link future growth in the Omni to improved pedestrian circulation and reduced conflict with vehicular traffic; visual enhancements in appropriate locations; safety anal aesthetics in the area• , within the Omni CRA {7) Provide a significant infrastructure benefit to the Omni CRA CRA; integrating with the cultural anal entertainment elements of the area• anal , (11) Provide a source of funds to be used by the city for redevelopment related activities. City of Miami Page 2 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018 File Number: 15-00997 Enactment Number: 13553 Government Complex , the Criminal Justice College among other destinations. Sec. 62 618.23. Development agreement nece.sary. Building permits for Omni media towers may only be issued following adoption and the into by the city and the property owner(s) and developers of the property upon which an omni 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_CRA that will meet the goals of the CRA and the goals set forth in section 62 618.22. The the limitation and orientation of the signage located on the omni 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--6-18..24. O imnTni med' tower -permitted within the Omni CRA 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"). No omni media towers shall be located within 1,200 feet of another separate omni 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 omni media towers. Sec. 62 618.25. Building criteria. Omni media towers may also serve as a viewing tower and may also contain any use permitted inin th sec+i esccri-bed in the Miami 21 Code in which i Toocated ni/ media towers must be developed to include parking for a minimum of 1,000 cars, thereby providing a significant infrastructure improvement for the Omni_CRA, 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 Omni_ media tower(s) shall -consist of a pedestal element (i.e. parking garage, retail, or other permi.sible uses) and up to two tower elements. The maximum height of an omni media tower, including any tower element, shall be 500 feet. Omni media towers shall be developed 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 (MUSP), the pedestal, component of the omni media tower shall comply with the zoning code that was in effect at the time that the MUSPLwas approved with respect to permitted uses and design. A City of Miami Page 3 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018 File Number: 15-00997 Enactment Number: 13553 development agreement on a site for an omni media tower may toll the MUSP if that is one of the MUSP_may be tolled until such time as a certificate of use and certificate of occupancy are issued for cuch omni media tower. Also, if addrec•ced in the development agreement, upon icauance of a abandoned. The tower and pedestal elements of such omni/ media tower(s) shall be reviewed and approved pursuant to this section and section 62 618.28, in lieu of an„ ethen^iice applicable special permit regulation. If the site is not the subject of an active MUSP, the pedestal component of any other omni media tower shall comply with the Miami 21 Code or applicable zoning ordinance. Sec. 62-6-18.26sual media display system criteria. The signage on an omni media tower shall be designed pursuant to the following criteria: {1) A 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 commercial or noncommercial message, rely on the building for rigid structural support, and arc 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 omni/ media tower, including the surfaces of any tower element, may include a -visual media display system as described in thic-ivision. A 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 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. {6) The surfaEe-s of omni media towers featuring a visual media display system shall not 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- I ess than one foot-candle above the ambient lighting level when mead fired at a distance of 400 feet from an omni media tower. bI occ than 0 5 foot candles above the ambient lighting level when mead firer! at a City of Miami Page 4 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018 File Number: 15-00997 Enactment Number: 13553 di -stance of 600 feet from an omni media tower. c Le.s 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 omni 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_(7). {6) D� amment of Tefi indable adminic4ro4iye fee in Oho omni nt of $ 500 00 {7) Any other studies or documentation that the city deems necessary to evaluate the project. Permits for an omni/ media tower will be i.sued 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. permits + than+arvtherwv"rise would be required pursuant to the city's regulations, including, without {UDRB). Upon recommendation by the UDRB, the director of planning and the director of building County and Florida Department of Transportation, if applicable. Upon compliance with all applicable requirements, reviews and approvals, the city managerhis designee shall approval of the permit 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 omni media tower permit; said annual fee shall, in no event, be le.s than $1,000,000.00 per year, regardle.s of whether the visual media -display system is noncommercial me.sages, 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, anniversary of the i.suance of the omni 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, Late payments shall accrue interest at the rate of 18 percent per annum until paid. The annual permit City of Miami Page 5 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018 File Number: 15-00997 Enactment Number: 13553 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. c. 62 618.30. Appeals. In the event that the city manager assigns a designee, then any decisions of such designee, pursuant to this-ivi-sion 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 commi.sion. The grounds for any such appeal shall be limited to failure to comply with the criteria set forth in sections 62 618.25 and 62 618.26. Sec. 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 r files contained in this e .,sways. Sec. 62 618.32. Conflict. Notwithstanding any city ordinance, including the Miami 21 Code, to the contrary, this division development agreement. An applicant shall maintain compliance with any other county, state or federal codes regulating the signage. Sec. 62 618.33. Enforcement. In the event of a violation of the terms of this division or the development agreement required by be assessed or enforcement proceedings may be instituted with the city's code enforcement board or I-aw., of the state, if applicable. The city may employ all penalties and remedies set forth in chapter 2, articic X cntiticd "Codc cnforccment." 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 app led to a court of competent jurisdiction within the times and in the manner provided the above listed remedies, the city may seek to enjoin the operation of an omni media tower without posting a bond with a court of competent jurisdiction or providing a demonstration of irreparable harm. to prove irreparable harm prior to seeking an injunction. *1I Section 2. 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 3. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: City of Miami Page 6 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018 File Number: 15-00997 Enactment Number: 13553 {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 (10) calendar 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 7 of 7 File Id: 15-00997 (Version: 1) Printed On: 3/23/2018