‘Signs of the Times’
By Bari Auerbach

Proactive initiatives discussed at the Feb. 16 City Commission meeting are “a sure sign” Sunny Isles Beach is on the road to continued progress thanks to the drive of elected officials, city staff and police officers who never take detours when it comes to steering prosperity, security and quality of life in the right direction.

‘Sign Uniformity’
The city’s new sign regulations encouraging uniformity are “a very good sign” Sunny Isles Beach will soon be looking even more upscale.

At the Feb. 16 Commission meeting, an ordinance passed amending the city’s Land Development Regulations relating to sign regulations establishing a requirement for a unified sign plan for multi-tenant development projects; establishing regulations for non-conforming signs; establishing variance procedures; and providing for penalties.

“In 2002, the city originally adopted a sign code to alleviate ‘visual clutter’ in the city,” Assistant City Manager Jorge Vera reported. “Under the sign code, local businesses were given three years to remove or alter all non-conforming signs. Prior to the termination of the three years amortization period, several workshops were held to discuss issues raised by the business community expressing concerns about certain provisions of the code.

“Based on the comments expressed, the Commission directed staff to revise the Sign Code to address some of the concerns raised at the workshops…Key components of the revised code are as follows:

Unified Sign Plan: Uniformity is a key component …Multi-tenant centers or piazzas are required to file a unified sign plan for approval by the Commission.

Illumination: Previously illumination was restricted to reverse channel. Now channel letters are permitted.

Sign in MUR District: Signs for accessory uses are permitted in the MUR District; however the property owner is responsible for determining if the sign area will be devoted to another occupant. Moreover, electronic changeable copy signs are now permitted in the MUR District…and a multi-building development project is permitted to have more than one monument sign.

Architectural Embellishments: Architectural embellishments are permitted under the proposed amendments.

Amortization Period: The initial authorization period has expired. The amortization period has been revised in accordance with instructions proved by the Commission

Variance Procedure: Staff realizes that the regulations cannot address all the unique circumstances related to signs. Thus, it is necessary to adopt procedures to request a variance. A hardship has to be demonstrated before a variance request is granted.

Window Signs
The Commission also passed an ordinance prohibiting the use of window covering material, barrier or sign that exceeds 15% of the total transparent area of a window(s) in the B-1 and Town Center business districts.

According to Police Chief Fred Maas, “[This ordinance will assist] police officers responding to in-progress calls or critical incidents. An example would be a business such as a bank -if there is an inability for the officer to see in through the window if there is a robbery in progress or violent crime that may be going on, the officer’s safety [could be jeopardized as well as] citizens who may be inside during a crime.”

‘Signs of Growth’
As construction of condominiums and plans for new projects continue to move forward, the city is ensuring developers “give back” in fair and equitable ways.

Assistant City Manager Jorge Vera recently proposed amending the city’s zoning code to increase the price of a “bonus participation unit” that can be purchased by developers in return for receiving increased floor area ratio in certain zoning districts from $35,000 to $50,000 (previously increased from $14,000 to $35,000).

“It’s apparent that the current value of the bonus participation units is not keeping pace with the increase in cost of construction,” Vera said. “A recent study by a consulting firm reveals construction materials increased 30 percent in 2005 – and that’s not including the increase in labor costs. Studies also show construction costs will increase even more.

“What’s being proposed [today] is an increase in bonus participation unit cost from $35,000 to $50,000 - necessary to keep pace with rising construction costs and capital improvements. This is based on the same nexus as in the prior analysis taking into account the increase in land value and the cost of the participation unit based on current construction and square footage value of the property. The existing bonus system category shall remain the same.”

*Beach access (which has no fee associated with the bonus program);
*A beach access trust fund, fee of .05 participation unit for a maximum
of .2 FAR;
*Public beach recreation, fee of .05 participation unit for a maximum of .50 FAR;
*Collins Ave. streetscape, fee of .05 participation unit for a maximum of .03 FAR;
*A public parking bonus, fee of .05 per parking unit for a maximum of .2 FAR;
*A public oceanfront park bonus, which has a .20 FAR for a dedication of 10,000 square feet of beach park land to be used at the city’s discretion.

An ordinance regarding the proposed amendment relating to bonus participation units is expected to appear on the March 16 City Commission agenda.

‘Will Engineers Sign Off on Window Repairs?’
Many windows still boarded up after Hurricane Wilma are a sign certain issues regarding proper replacement are still not “open and shut.” Building Official Clay Parker recently issued a report regarding a meeting he attended concerning the repair of condominium windows in the city that were blown out or damaged by Hurricane Wilma.

“The Board of Rules of Appeals looked at the appeal by Oceania Three and the first thing they did is to take it to a sub-committee to [consider] Hurricane Wilma damages and repairs…We asked them to do this so people could get their lives back in order…Right now, they’re looking at glass replacement and repair through building code compliance which has given an interpretation.

“In [a memo the city received] they answer several questions. They do so say they look at glass replacement as a ‘repair’ - which takes it into a direction where people can put their glazing back in if they exceed 30 feet [you can restore windows prior to how they were before the hurricane without being required to get hurricane shutters]. Mayor Edelcup subsequently noted, “It would be recommendation to get shutters as a precaution.”

Parker went on to say, “One thing they did not touch upon in the meeting and we still have to address is exterior glass walls and combination guard walls…this would be floor to ceiling glass or the combination of two or more units that go from floor to ceiling and balcony railings with glass in them…

“That still throws it back to a ‘level two alteration’ - which means it has to come into full compliance with the code. So even though they did give permission to do the repair and put back the glass that was existing, we have to certify that the framework is not damaged. If it is, then we also have to look at full involvement with the new codes. So it has to be up to their engineers to certify the framework is not damaged - then I can give permits to put the glass back [complying with ] the code it was [originally] built under.

“But when [the memo addresses] ‘glazing in hazardous locations’ - that would [pertain to] floor to ceiling glass, balcony glass…any glass where a person falling through that glass could fall more than 30 inches is [considered] a ‘hazardous condition.’ So we still have to look at those issues and we will.

“I will make a commitment to not only the [residents of] Sunny Isles Beach – but for all Building Officials to stay involved with this sub-committee and go to every meeting in order to seek and obtain the best possible [code] enforcement for the good of all citizens.”

Following Parker’s report, Commissioner Danny Iglesias noted, “ I don’t think any engineers are going to sign off on framework unless it complies with Florida code…We should strongly emphasize that whatever was there should be placed back rather than force people to comply with new codes…The new codes [applied to buildings] on Brickell and [those windows are] all gone.

Mayor Norman Edelcup interjected, “People realize we’re here to uphold the rules of the state of Florida and whatever this sub-committee or the county or state passes, we have taken an oath of office to uphold the laws…And we also have to be mindful of the health and safety of residents. But our ‘marching orders’ come from the instructions of those agencies above us - and we have to accept it.”

‘Signs of Safety’
The mantra “proceed with caution” is another sign that the Sunny Isles Beach City Commission and Police Department are collaborating to keep the city safe and secure.

An ordinance sponsored by Vice Mayor Roslyn Brezin passed on first reading at the Feb. 16 Commission meeting requiring commercial marina owners and operators within city limits to install and maintain a safety fence or railing lining the perimeter of all docks located adjacent to a walkway.

“This [ordinance will help] protect the general public against accidental falls into the water that can lead to injury or even death,” Vice Mayor Brezin said.

Marina owners will be required to pull permits for the safety fences within 60 days from the date the ordinance is passed; and then they’ll have an additional 90 days to complete installation. The second reading of the ordinance will take place at the March 16 City Commission meeting.

Putting “safety first” along the beaches, the Commission recently approved four new modern lifeguard stands, bringing the total to five stands built to enhance swimming protection along with the watchful eyes of trained, full time lifeguards.

In the spirit of proactive protection, the Commission recently approved an ordinance autonomous from Miami-Dade county’s, limiting the locations of where businesses can sell alcoholic beverages to one per shopping center; and mandating they must be at least 750 feet from houses of worship and schools.

The Commission also passed an ordinance requiring gas stations to have adequate alternative energy sources including emergency generators and plans to pass similar ordinances pertaining to select food stores, pharmacies and condominiums that would also have to be complied with before next hurricane season

Yet another “sign of the times” relating to hurricane damage prevention and beautification is an ordinance passed on first reading amending the city’s code relating to the utility requirements of new construction and rehabilitated structures – providing for the installation of underground service facilities on all new construction within the Town Center District.

“It has been a general policy for new construction on Collins Avenue [to have underground service facilities] and this requirement should also apply to new projects in the Town Center district,” Mayor Norman Edelcup explained. “This won’t apply to projects that have already received development approval - only new projects going forward [in the Town Center district encompassing Sunny Isles Beach Boulevard and to developments] adding units or additional FAR (floor area ratio). Only the ‘new element(s)’ would be subject to the ordinance.”

To promote pedestrian safety, the city is replacing current pedestrian signals with easier to read and understand pedestrian signals at crosswalks. A total of 16 old modules will be replaced with the new countdown pedestrian modules on Collins Avenue at 158th, 172nd, 174th and 183rd Streets. According to Assistant City Manager Jorge Vera, the crossing lights will be installed by Signal Technology for a cost of $16,368 and will be maintained by Miami-Dade County Public Works.

‘Signs of Compromise’
Residents saying they feel the City Commission will keep their best interests in mind is a “sure sign” the goal to achieve a win-win compromise solution is being reached regarding a Cultural and Educational District (CED) overlay ordinance that could pave the way for a new road in the Golden Shores neighborhood.

At the Feb. 16 City Commission meeting, the Cultural and Educational District (CED) overlay ordinance was approved to create and encourage locations for cultural, educational, government, residential and business uses within the northeast corridor of the city.

“In addition to encouraging certain types of development, the CED overlay district is designed to facilitate pedestrian and vehicular access, encouraging property owners to dedicate land for creation of a public right-of-way to connect 183rd Street to 185th Street,” Assistant City Manager Jorge Vera explained.

“More specifically, building height may be increased to a maximum of 75 feet from the overall permitted height of 190 feet if a property owner dedicates 50 feet of right-of-way to the city. Simply put - a maximum height of 265 feet is permitted in the CED if a right- of- way is dedicated to the city to facilitate pedestrian and vehicular access. No additional residential density will be permitted in the CED. It is important to note that the City Commission shall have the discretion to accept or reject a dedication of a public right-of- way. Moreover, the CED encourages property owners to create pedestrian promenades near residential areas.”

Golden Shores resident Steven Trattner spoke at the Feb. 16 Commission meeting emphasizing, “The Commission should strive to limit building heights and commercialization on the west side of Collins…Let’s try to strengthen what we already have…We’ve had assurances from the Commission and have been discussing compromises with [city] staff including guard gates; a pedestrian walkway through the property along the bay separate from the roadway; and placing the exit for that roadway at the east end of 185th Street rather than connecting it to Bay Road…We want to feel secure in knowing that these steps will be implemented in advance of completion of a new condo and Publix.”

In response, Mayor Norman Edelcup said, “We’re willing to sit down around a table and work out compromises. The dialogue we’ve started is hopefully just the beginning of a long series of meetings…In the end, we’ll have something more beautiful…We welcome your input and will continue to keep you totally in the loop of what’s going on with these projects so we can all be pleased by the end result.”

More signs of “compromise” were recently evident when the Commission and developers debated the enactment of amendments to an ordinance relating to construction noise incorporating stricter and higher monetary fines for violations at construction sites.

After some developers expressed concerns that limiting hours of construction could create undue hardships and additional expenses, the Commission agreed to modify permitted work hours delineated in the ordinance; however fines as high as $20,000 and a potential “stop work order” penalty will remain in the amended ordinance.

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