M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: November 20, 2013
Re: Modification to the Sign Regulations
REQUESTtitle
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING ARTICLE III “SIGN REGULATIONS” AND THE DEFINITIONS OF THE TOWN LAND DEVELOPMENT REGULATIONS, IN ORDER TO AMEND THE TOWN’S REGULATIONS OF SIGNS; AND PROVIDING FOR AN EFFECTIVE DATE
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REQUEST
Councilperson Bell requested of Town staff to review and prepare recommendations to update the Town’s existing sign regulations.
GOAL
The goal of this ordinance is to amend several subsections of Article III “Sign Regulations” and definitions to provide clear and balanced sign regulations that reflect the vision of the Town while meeting the advertisement needs of the commercial businesses in the Town Center, Transit Corridor, Neighborhood Center, and Institutional Districts.
BACKGROUND
On June 18, 2008, the Town Council adopted Ordinance No. 08-14, which amended Chapter 33 “Zoning,” Article VI “Signs” of the Code of Ordinance. The intent of this ordinance was to modernize the Town’s sign regulations by prohibiting obsolete signs including pole signs, v-shaped point of sale signs, and freestanding and attached neon signs, while promoting sign types which are more consistent with the desired appearance of the development of the Town. On June 20, 2012, during the Land Development Regulations (LDRs) public hearing there was a discussion regarding the application of existing sign regulations in the Town Center District, specifically in an area between US1 and the Busway.
As a result, the Town planning staff and Town attorney were asked to review the sign regulations and prepare recommendations to update the existing regulations for permanent signs in the commercial areas of the Town. The scope of this analysis and recommendations should not be interpreted as a re-write of the existing sign ordinance but rather an evaluation of the sign requirements applicable to the commercial and institutional districts.
On October 16, 2013, the proposed ordinance was approved by the Town on first reading. During the meeting town staff provided an overview of the basic changes to the existing sign ordinance. These changes are needed in order to update the Town’s sign regulations, address changes in sign technology, and meet the evolving sign needs of the business community in the commercial and institutional districts. There were no general or specific comments against the proposed ordinance from the public. However, one of the speakers recommended that the permit fee for replacing the pole signs be waived. After public comments, the council and staff had a brief discussion regarding the proposed changes and potential workshop prior to second reading. The Council decided against a workshop and moved the item for second reading. Between first and second reading staff is recommending the following minor revisions to correct scrivener’s error and provide clarification of existing language:
Sec. 3-114(F) Non-commercial Political Sign
1. On residential property, two (2) noncommercial or political signs per issue per lot may be erected on a property. The maximum sign area shall be two square feet and maximum height shall be four feet.
Sec. 3-123. Signs within the Rights-of-Way and on Public Property
Signs shall be prohibited in the rights-of-way within the Town, provided that the following exceptions shall apply:
ANALYSIS
The purpose of this analysis is to identify the zoning district(s) where the application of the Town’s sign regulation has raised concerns and questions from residents and business owners regarding the type of signs and sign sizes permitted. The analysis included an in-depth review of the Town existing sign code; meetings with a sign professional; review and evaluation of other sign ordinances and literature; and site visits to other cities with similar land uses adjoining a major roadway or US 1.
SUMMARY OF RECOMMEND CHANGES
NC, TC, TRC and INT Districts - Wall Signs
1. Office and Institutional. Town staff recommends no changes to the existing requirements as it relates to the NC, TC, and TRC districts. Staff recommends that under the institutional district, office & institutional uses, that a maximum of one (1) wall sign be permitted per wall face, or two (2) signs for walls over 50 feet in length. The proposed maximum signage area should be 10% of wall face or 50 square feet whichever is less.
2. Freestanding Commercial. Town staff recommends that the existing description for the number of signs permitted be change from “Maximum No.: 1 per establishment” to “Maximum No.: 1 per public right-of-way frontage.” This proposed change only applies to the NC, TC and TRC districts.
3. Retail Shopping Center (Commercial Center). Town staff recommends the following changes to this use. A) This use should be known as “Commercial Center” instead of “Retail Shopping Center.” B) The number of permitted signs and size of wall signs in the NC, TC and TRC districts should be revised as follows:
4. Regional Shopping Center. Town staff recommends that one (1) sign be allowed per ground and second floor establishment with it owns frontage and entrance facing the public right-of-way. Also, corner or through store establishments may have an additional wall sign. The second sign shall be limited to 50% of the square footage of the primary sign. Town staff is also recommending that the dimensions of the signs be determined based on distance between the front of the building and public right-of-way. Below is a summary comparison of the existing versus proposed requirements.
NC, TC, TRC and INT Districts - Monument Signs
1. Office and Institutional. Town staff recommends that the existing language for the number of monument signs be changed from “Maximum No.: 1 per establishment” to “Maximum No.: 1 per public right-of-way frontage.” This proposed change applies to all of the zoning districts (NC, TC, TRC and INT Districts).
2. Freestanding Commercial. Town staff recommends no changes to the existing requirements.
3. Retail Shopping Center (Commercial Center). Town staff recommends the following changes to this use. A) This use should be known as “Commercial Center” instead of “Retail Shopping Center.” B) The number, dimensions and height of the monument signs permitted in the NC, TC and TRC districts should be revised as follows:
(1) An additional monument sign should be allowed provided that the parcel has 300 or more linear feet of parcel frontage and two (2) way access points on different public right-of-way; (2) increase in the dimension and height of the monument sign from 40 square feet of maximum sign area and 10 feet in height, respectively. Below is a summary comparison of the existing versus proposed requirements.
4. Regional Shopping Center. Town staff recommends that one (1) entry monument sign per access drive for a regional shopping center, and one (1) additional individual monument sign per each business establishment which is located adjacent to the public right-of-way. The dimensions of the monument sign will vary depending on whether it is an entry sign (100 square feet maximum area) or an individual business establishment adjacent to public right-of-way (64 square feet maximum area). The recommended maximum height of a monument sign is proposed to be 10 feet rather than 8 feet. Below is a summary comparison of the existing versus proposed requirements.
TC District - Fixed Projecting Signs
Town staff recommends that fixed projecting signs be permitted in lieu of wall signs within the TC district, specifically on commercial buildings located on the west side of U.S. 1 and east of the Busway. One (1) fixed project sign should be allowed per commercial building with a maximum signage area of 25 square feet. In addition, the fixed projecting sign shall not rise above the roofline or more than six (6) feet above the top of a parapet.
TC District - Canopy Signs
Town staff recommends that canopy signs be permitted on the commercial buildings and on freestanding commercial buildings located on the west side of U.S. 1. The recommended maximum number of canopy signs that should be allowed is one (1) per business establishment; and one (1) per freestanding commercial building. The recommended maximum signage area applicable to both building types is four (4) square feet.
NC, TC, TRC and INT Districts - Changeable Copy Sign Face on Monument Sign
Town staff recommends that schools and places of public assembly shall be permitted a manual changeable copy sign which must be contained within the permitted monument sign area.
NC, TC, TRC and INT Districts - Directory Signs and Directional Signs.
Town staff recommends that the design and dimensions of directory and directional signs be placed within Sec. 3-117. These requirements were previously included within the combined Permanent Signs table in Sec. 3-114, which is proposed to be reorganized by this ordinance, for clarity and ease of use by staff and the public.
NC, TC, and TRC Districts - Green Building Sign Area Bonus Program
Town staff recommends that green commercial center buildings with over 50,000 square feet of floor area and distance of between 0 to 300 feet from public right-of-way on which the building fronts, and which meet the Town’s green requirement established in Sec. 3-74 of the Town Land Development Regulations, shall receive an additional 10 percent increase in the maximum permissible ground floor wall sign area.
ADVERTISEMENTS
The proposed ordinance was advertised in the Miami Herald, on November 7, 2013 consistent with the requirements in Sec. 3-30(K)(1) of the Town Code and Section 166.041(3)(c)2), F.S. (See Attachment “A”)
RECOMMENDATION
Town Staff recommends approval.