5CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor, Vice Mayor and Members of the City Commission
Cc: Maria Menendez, City Clerk
From: Thomas F. Pepe, City Attorney
ITEM No. 5 ----'=-----Date: November 29,2012
SUBJECT:
A Resolution deciding an appeal from a decision of the Environmental
Review and Preservation Board denying an application for signage
installation at 7301 SW 57 Court, South Miami, Florida.
SUMMARY OF REQUEST:
The Environmental Review and Preservation Board (ERPB) at its September 18,
2012 meeting reviewed Application No. ERPB 12-062 and denied the
application as to two out of the four signs requested. The applicant on October
17, 2012, filed an appeal from the decision of the Environmental Review and
Preservation Board.
The following are staff's comments regarding the allegations contained in the appeal:
"3. Applicant requested approval of four (4) signs in ERPB Application #ERPB-12-062. The Application
was filed on August 24, 2012 and requested four (4) flat wall signs on the Property; two (2) wall signs
on the West (SW 57 Court) elevation one (1) wall sign on the North elevation, and one (1) wall sign on
the East elevation. N
The applicant requested the following:
1 flat sign on the west elevation, above the main bank entrance
1 flat sign on the west elevation of the tower
1 flat sign on the north elevation of the tower
1 flat sign on the east elevation of the building
"4. The applicant alleges that Section 20-4.3 of the Land Development Code ("LOC") of the City of
South Miami enumerates that flat signs with a total aggregate sign area not to exceed twenty (20)
percent of the area of any building face shall be permitted. II
The regulations for Flat Signs are as follows:
FLA T signs with a total aggregate sign area, not to exceed twenty (20) percent
of the area of any building face; for the purposes of sign regulation, there
shall be considered to be only four (4) facades to any building; no single
sign shall exceed two hundred (200) square feet in area. Direct illumination is
permitted.
"7. The ERPB again heard the Applicant's request on September 18, 2012 (the "Final ERPB Hearing").
The City Planning and Zoning Department recommended approval of the North, East, and West signs
and denial of one of the two West elevation signs."
The Planning and Zoning Department recommended approval for the North, East, West (Sank Main
Entrance) Elevation signs, and denial for the West Elevation (Tower Sign) sign.
"8. The ERPB approved two (2) signs for the Property, one sign at the bank's main entrance (West
side), and one sign on the East elevation (facing Red Road). (Tronscript, pp. 28-30)."
The ERPS approved the East sign as proposed and the West sign at the bank entrance but must be
reduced to comply with the LOC. [Note: Although the meeting minutes say South, there is no
South facade sign; it is the West facade]
"9. The ERPB denied two (2) signs, one sign on the West elevation and one (1) sign on the North
elevation. (Transcript, pp. 28-30)."
The ERPS denied two (2) signs, one sign on the West Elevation (Tower Sign) and one sign on the
North Elevation (Tower Sign)
Attached are:
1. Proposed Resolution; and
2. Notice of Appeal and applicable documentation, including the transcript
of the ERPB hearing.
3. Staffs Report
1 RESOLUTION NO. ____ _
2
3 A Resolution deciding an appeal from a decision of the Environmental Review and
4 Preservation Board denying an application for signage installation at 7301 SW 57
5 Court, South Miami, Florida.
6
7 WHEREAS, the Environmental Review and Preservation Board (ERPB) at its
8 September 18,2012 meeting reviewed Application No. ERPB 12-062 and denied the application
9 as to two out of the four signs requested; and
10
11 WHEREAS, the applicant on October 17, 2012, filed an appeal from the decision of the
12 Environmental Review and Preservation Board; and
13
14 WHEREAS, the appellant has alleged the following facts in support of its appeal:
15 1. Biscayne Bank ("Applicant") has a lease for property located at 7301 SW 57
16 Court, Suite 150, South Miami, Florida (the "Leased Property").
17 2. The Leased Property is part of a parcel containing a mixed-use building on
18 property zoned SR HD-OV (the "Property").
19 3. Applicant requested approval of four (4) signs in ERPB Application #ERPB-
20 12-062. The Application was filed on August 24,2012 and requested four (4) flat
21 wall signs on the Property; two (2) wall signs on the West (SW 57 Court)
22 elevation, one (1) wall sign on the North elevation, and one (1) wall sign on the
23 East elevation.
24 4. The applicant alleges that Section 20-4.3 of the Land Development Code
25 ("LDC") of the City of South Miami enumerates that flat signs with a total
26 aggregate sign area not to exceed twenty (20) percent of the area of any building
27 face shall be permitted.
28 5. The applicant alleges that Section 20-4.3 (L) of the LDC also stipulates that
29 additional signage, not expressly permitted by regulations stated in Section 20-4.3
30 (1), may be approved by the Environmental Review and Preservation Board
31 (ERPB), when the sign is not prohibited by the LDC.
32 6. The Environmental Review & Preservation Board (ERPB) of the City of South
33 Miami heard the Applicant's request for four (4) signs on September 4,2012, at
34 which time the ERPB deferred the Application.
35 7. The ERPB again heard the Applicant's request on September 18,2012 (the
36 "Final ERPB Hearing"). The City Planning and Zoning Department
37 recommended approval of the North, East, and West signs and denial of one of
38 the two West elevation signs.
39 8. The ERPB approved two (2) signs for the Property, one sign at the bank's main
40 entrance (West side), and one sign on the East elevation (facing Red Road).
41 (Transcript, pp. 28-30).
42 9. The ERPB denied two (2) signs, one sign on the West elevation and one (1)
43 sign on the North elevation. (Transcript, pp. 28-30).
44
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WHEREAS, Section 20-6.2(A) of the Land Development Code allows for an appeal of
an ERPB decision to be made to the City Commission by the applicant, interested citizens, or the
City Administration; and
WHEREAS, Section 20-6.2 (E) of the Land Development Code provides that the City
Commission may reverse, affirm, or modify any decision of the Environmental Review and
Preservation Board on which there has been an appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. It is the order of the City Commission that the decision of the Environmental
Review and Preservation Board made on September 18,2012 denying two (2) signs, one sign on
the West elevation (TOWER SIGN) and one (1) sign on the North elevation (TOWER SIGN) is
herebyH ___________________________________________________________ ___
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor: Stoddard
Vice Mayor: Liebman
Commissioner Newman
Commissioner Harris
Commissioner: Welsh
Bilzin Sumberg
Tl() Y /\T L!\
Hand Delivery
Mr. Christopher Brimo, AICP
Planning Director
City of South Miami City Hall
6130 Sunset Drive
South Miami FL 33143
Re: Appeal of ERPB Decision
ERPB Application No.: 12-062
Property: 7301 SW 57 Court, City of South Miami
Dear Mr. Brimo:
Jerry B. Proctor, Esq.
Tel 305.350.2361
Fax 305.351.2250
jproctor@bilzin.com
October 16,2012
Enclosed please find the requisite form, fee, Statement of Issues, and transcript
appealing the September 18, 2012 decision of the Environmental Review and Preservation
Board. The undersigned represents Biscayne Bank, a lessee on the Property and the intended
beneficiary of the proposed signage.
Thank you for your consideration of this application.
Sincerely,
JBP: id
c: Ana L. Dominguez, Biscayne Bank (w/encl.)
Thomas F. Pepe, Esq., City Attorney, City of South Miami (w/encl.)
Maria Menendez, City Clerk, City of South Miami (w/encl.)
MIAMI 3363498.180159/41693
1011711211:31
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300, Miami, FL 33131-3456 lei 305.374.7580 hlX 305.374.7593 www.bilzir1.com
City of South Miami
Environmental Review and Preservation Board -E R P B
APPEAL OF DECISION TO CITY COMMISSION
Pursuant to Land Development Code Section 20-6.2 (A) an appeal of an ERPB final decision may be filed
within 30 days of the ERPB decision or before a building pennit is issued whichever comes first. The appeal is
to be filed with the City Clerk upon a fonn prescribed by the Clerk. Appeals may be filed by the applicant, a
property owner, business owner or resident of the City, the City Administration, or an interested citizen in an
abutting mWlicipality living within 500 feet of the property Wlder review. The City Commission will hear and
enter a decision on all appeals within 60 days of the filing of an appeal. A fee of $100 must be paid by the
applicant at the time the appeal is filed.
ERPB Case No.: ERPB-12~062 Date Of Decision ofERPB: 9-18-12
Subject Address __ 73_0_1_SW __ 57_CO_urt ________ ----
INDICATE YOUR RELATIONSHIP TO SUBJECT CASE:
Name (Print Name) Contact No.
APPLICANT
PROPERTY OWNER! RESIDENT
BUSrNESSOWNER . Bis~yne . Bank 305-447-5050 X lAna -r~ . xn\ .. . ...... V.p
CITY ADMINISTRA nON
INTERESTED cmZEN
SUMMARIZE THE DECISION OF THE ERPB:
Approval of two (2) signs
Denial of two (2) signs
SUMMARIZE REASON FOR APPEAL:
See attached "Statem:mt of Issues" fran Bilzin S\.m1berg Baena Price & Axelrod, LLP
2
______ ~~+_r+_+--------Mw--/~O--~{1-~-L-------
SUBMIT THIS FORM AND FEE TO CITY CLERK.
STATEMENT OF ISSUES
APPEAL TO CITY COMMISSION
ERPB APPLICATION # ERPB-12-062
BISCAYNE BANK
1. Biscayne Bank ("Applicant") has a lease for property located at 7301 SW 57 Court, Suite
150, South Miami, Florida (the "Leased Property").
2. The Leased Property is part of a parcel containing a mixed-use building on property
zoned SR HD-OV (the "Property").
3. Applicant requested approval of four (4) signs in ERPB Application #ERPB-12-062. The
Application was filed on August 24, 2012 and requested four (4) flat wall signs on the
Property; two (2) wall signs on the West (SW 57 Court) elevation, one (1) wall sign on
the North elevation, and one (1) wall sign on the East elevation.
A copy of the Application is attached hereto as Exhibit "A".
4. Section 20-4.3 of the Land Development Code ("LDC") of the City of South Miami
enumerates that flat signs with a total aggregate sign area not to exceed twenty (20)
percent of the area of any building face shall be permitted.
5. Section 20-4.3 (L) of the LDC also stipulates that additional signage, not expressly
permitted by regulations stated in Section 20-4.3 (I), may be approved by the
Environmental Review and Preservation Board (ERPB), when the sign is not prohibited
by the LDC.
6. The Environmental Review & Preservation Board (ERPB) of the City of South Miami
heard the Applicant's request for four (4) signs on September 4, 2012, at which time the
ERPB deferred the Application.
7. The ERPB again heard the Applicant's request on September 18, 2012 (the "Final ERPB
Hearing").
8. A transcript of the Final ERPB Hearing is attached hereto as Exhibit "B".
9. At the Final ERPB Hearing, the City Planning and Zoning Department recommended
approval of the North, East, and West signs. A copy of the recommendation is attached
hereto as Exhibit "C".
1 O. The City Planning and Zoning Department recommended denial of one of the two West
elevation signs.
11. Representatives of the Planning and Zoning Department indicated at the Final ERPB
Hearing that one of the West elevation signs was not permitted by the LDC. (Transcript,
p.5).
MIAMI 3362434.1 80159/41693
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
12. Representatives of the Planning and Zoning Department indicated that the West
elevation sign recommended for denial could be approved by the ERPB, pursuant to
Section 20-4.3 (L) of the LDC. (Transcript, p.6).
13. Representative of the Planning and Zoning Department indicated that five (5) signs are
permitted on the Property; four (4) flat signs and one (1) fa9ade sign (Transcript, pp. 11-
12).
14. The ERPB approved two (2) signs for the Property, one sign at the bank's main entrance
(West side), and one sign on the East elevation (facing Red Road). (Transcript, pp. 28-
30).
15. The ERPB denied two (2) signs, one sign on the West elevation and one (1) sign on the
North elevation. (Transcript, pp. 28-30).
16. The ERPB decision allowed less signage that allowed as a matter of right by the LDC.
17. Section 20-4.3 (H) (1), LDC, states that "Signs shall be permitted in the various zoning
districts in accordance with the following schedule." [Emphasis added].
18. The wording in Section 20-4.3 (H) (1), LDC, cited in #17 above, establishes the plain and
obvious statutory intent that the number and size of signs shall be governed by Section
24-4.3 (I) (1 through 6). Rinker v. City of North Miami, 286 So. 2d 552 (Fla. 1973), held
that statutes must be given their plain and obvious meaning and it must be assumed that
the legislative body know the plain and ordinary meanings of the words. Id., at 553.
19. The ERPB exceeded their authority by denying signage permitted by the LDC.
20. The ERPB decision was not supported by substantial, competent evidence.
Respectfully submitted,
~~ Jerry . Proctor
Attorney for Biscayne Bank
MIAMI 3362434.180159/41693
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 12 day of October, 2012, by
Jerry B. Proctor. He is personally known to me. ~J'~ Sign Name: ~_~~-
Print Name: .:::00,.:;. b, A2.. ---c:s-
My Commission Expires: NOTARY PUBLIC
Serial No. (none, if blank): _______ _
[NOTARIAL SEAL]
"o~~;:.~~{t0 IBIS DIAZ
• • MY COMMISSION # 00 994845 * -/< EXPIRES: May 24, 2014
"'~J'~ ()~",,,< Bonded Thru Budget Notary Services
... OF F\.:
MIAMI 3362434.180159/41693
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
PAY
..
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
. A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
OPERATING ACCOUNT
1450 BRICKELL AVENUE, SUITE 2300 • MIAMI, FL 33131·3456
TELEPHONE (305) 374·7580
"'ONE HUNDRED AND 00/100 DOLLARS'" ";,
TO THE CITY OF SOUTH MIAMI
ORDER
OF:
. . .. ~
1tO!'6 W111'I, "'~
SABAOELL UNITED BANK
MIAMI, FL 33130
63-964/670
October 17, 2012
DATE
[[] SECURITY FEATURES INCLUDED. DETAILS ON BACK. I1J
BILZIN SUM BERG BAENA PRICE & AXELROD LLP 1450 BRICKELL AVENUE, SUITE 2300 •. MIAMI,FL 33131·3456
F0001679 CITY OF SOUTH MIAMI October 17. 2012
Description
CK#
Client. M atter
80159.41693
Date
10/17/2012 Appeal Application Fee-PAYEE: CITY OF SOUTH MIAMI; REQUEST#: 124978; DATE: 10/17120·$
88246
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AMOUNT
$"'100.00
88246
100.00
CASH RECEIPT
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FUND----__
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AMOUNT $ too. ao MAKE ALL CHECK S PA YABLE TO:
"City of South Miami"
VALID ONLY WHEN BEARING OFFICIAL REGISTER VALIDATION CASHIER
CITY OF SOUTH MIAMI,
PLANNING & ZONING DEPARTMENT
ENVIRONMENTAL REVIEW AND PRE5ERVAlfON BOARD APPLICATION -.,.,..' --
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City of South Miami·
1300 JNvESTMENT
7160 SW 62 AVE
l'rUAMI, FL 33143
365.662 • .1421
Environmental Review &.PrMc.rvatirm.:Boanl
6130 Swuct,J)rlve, South Mmmi,liL 33143
RE; PROPOSES INSTALL NEW SIGN, LOCATED AT 13Ql SW 57 CT. DORAL, FL ~,...:r; ,,'"
We hereby uuthorizeSTRA TEGICENERGY EFFICIENCY ASSO. and/Or ~i' authorized
agent to make application and completepapexwork as applica&le inthema.tter(s) of obtaining
permits arui:approvais rulrequited fur tlRHn$tal]ution a sign at the aboverefuzenced properly.
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76J 6 NW 55 ST. MIAMI EL 33166 BISCAYNE BANK
EC 13004050 7301 SW 57 CT. SUITE 1 50
305.406.9455 WEST ElEVATIQN
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CITY OF SOUTH MIAMI CITY HALL
ENVIRONMENTAL REVIEW & PRESERVATION BOARD
6130 Sunset Drive
South Miami, Florida 33143
Tuesday, September 18, 2012 @ 8:30 a.m.
APPLICANT
CAROLINA ORTEGA
ERPB-12-062
7301 SW 57 Court
Board Members
Hector Fernandez
Sharon McCain
Mariano Corral
Luis Gil
Edward S. Corlett IV
Beth Schwartz
Dani el Montana
Staff
Marcus W. Lightfoot, Permit Facilitator
Lourdes Cabrera-Hernandez, Principal Planner
EXHIBIT "8"
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BOARD MEMBER FERNANDEZ: What we have
before us is Item ERPB-12-062. Applicant
Carolina Ortega. This is for signage
installation located at 7301 Southwest 57
Court, if staff can read it in, please.
MR. LIGHTFOOT: Not a problem. I'll
wait for everybody to clear the room.
BOARD MEMBER FERNANDEZ: Excuse me?
MR. LIGHTFOOT: I'll wait for Board
Member Corlett to come back.
BOARD MEMBER FERNANDEZ: Oh, okay.
MR. LIGHTFOOT: Alrightee. This item
is for the installation of signage at 7031
Southwest 57 Court. The applicant is for
Biscayne Bank.
At the September 4, 2012 ERPB
meeting, this item was deferred due to
comments from the Board. As such, I
believe the sign specifications weren't
clear.
I believe for the logo, you required
it to have a plastic front opposed to what
it previously had.
Also, the sign above the bank
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entrance was larger than what was allowed
in the lease agreement, which is one foot
by eight feet, even though it complied
3
it complied with regulations --excuse me,
regulations of the land development code,
it didn't comply with the lease agreement.
Therefore, the applicant has resubmitted
signage for four signs for this building.
They have reduced the size of the
main bank entrance. Upon review, it is
still larger than the one foot by eight
feet. When combined, the lettering for
Biscayne Bank itself is one foot by eight
feet and the accompanying logo is eighteen
inches by eighteen inches, which' equates
to a sign larger than what the lease
agreement still requires. That sign still
complies with the land development code,
but it's still a tad bit larger than what
the lease agreement says.
BOARD MEMBER CORRAL: What is a tad
bit larger?
BOARD MEMBER McCAIN: How much longer
for your report? You know what --
BOARD MEMBER FERNANDEZ: Wait.
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Sharon, please. Let staff finish their
report.
BOARD MEMBER McCAIN: You know, come
on.
BOARD MEMBER FERNANDEZ: Sharon,
please, come on. It's common courtesy.
BOARD MEMBER McCAIN: I know.
BOARD MEMBER FERNANDEZ: I'm sorry,
Marcus, continue.
Let him finish, please.
BOARD MEMBER McCAIN: I know.
BOARD MEMBER FERNANDEZ: Then we can
have your comments all you want.
Marcus, pl ease, fi ni sh. Sorry.
MR. LIGHTFOOT: No problem, no
problem.
4
What I have in my report is that the
ori gi nal hei ght --the ori gi nal si gn was
18 --had a total --had a total height of
18" and the total length of 186", which is
approximately 13.125 square feet. They've
reduced it down to the point where it's
sti 11 --when you take the total hei ght of
the sign, it's still 18" high, but the
length was reduced to 114", which is about
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91/2' total. All right. So it's still a
half an inch too high and about a foot and
a half too long, all right? So it still
needs to be reduced further, so that it
complies with the lease agreement that was
submitted.
The applicant did revise the signage
details to show that the company logo
would have a plastic face, which I believe
was a comment from the Board as well.
Staff recommends approval for the
si gns, all of the si gns, except for the
one on the west elevation.
Once again, all the locations are
listed in the lease agreement. However,
pursuant to the land development
regulations for flat signs, you cannot
have two flat signs and one facade.
They're proposing one on the west tower
and one on the bank ent rance, all ri ght?
So, therefore, staff recommends
approval with the following conditions.
The approval for the north si gn, the east
sign and the west bank main entr9nce sign
with the following conditions: The size
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of the bank main entrance sign must be
reduced so that it complies with the lease
agreement. No exposed conduits or wiring.
Any additional signage will require a
separate submittal to the Board. Any
comments and/or suggestions from the
Board.
Now please note that pursuant to the
land development code 4.3 --20-4.30,
staff --the ERPB does have the ability to
approve the west tower sign, if they deem
fit.
Thank you.
BOARD MEMBER McCAIN: You know what,
I am very discouraged that --I mean, here
we are again. This reminds me of the
issue on Red Road, in the corner of Red
Road and 80, with the tree and the
sidewalk. I mean, nothing has really
changed here. Nothing.
And I know the applicant left the
last time and waited until the end and
didn't understand, didn't understand. I
think they had two weeks to understand.
BOARD MEMBER FERNANDEZ: Well, it's
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for us to review.
BOARD MEMBER McCAIN: Have they been
back to you, Lourdes? Has the applicant
met with you since last Tuesday?
7
MS. CABRERA-HERNANDEZ: The applicant
has met with myself --Marcus and myself
si nee, and Mr. Bri mo actuall y ri ght after
the last Environmental Review &
Preservation Board meeting.
BOARD MEMBER McCAIN: And it was
explained very easily of what the ERPB
Board's recommendations were and what we
didn't like, correct?
MS. CABRERA-HERNANDEZ: Certainly.
We always explain to the we always
guide the applicants.
BOARD MEMBER McCAIN: Okay .. So here
we are agai n wi th all the same, basi call y
the same thing.
BOARD MEMBER FERNANDEZ: Okay. Real
quick. If I understand correctly, the
recommendation from staff is a
recommendation for approval on the north
sign, which is up on the tower.
MR. LIGHTFOOT: Correct, it's in the
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north tower. The east, that's on the 5th
floor, on the east side of the
BOARD MEMBER FERNANDEZ: On the long
side of the building?
MR. LIGHTFOOT: Correct.
BOARD MEMBER FERNANDEZ: And then
8
the west down at the ground floor over the
loggia?
MR. LIGHTFOOT: Correct.
BOARD MEMBER McCAIN: Now the west
side, you have it up there also.
BOARD MEMBER FERNANDEZ: Well, no,
staff recommendation --
MS. CABRERA-HERNANDEZ: Staff is not
recommending that.
BOARD MEMBER FERNANDEZ: They're not
recommending that.
BOARD MEMBER McCAIN: Well, stop.
I'm not understanding, so I understand.
MS. CABRERA-HERNANDEZ: We can go in
order per signs.
BOARD MEMBER FERNANDEZ: This one and
this one.
BOARD MEMBER McCAIN: Yeah.
BOARD MEMBER FERNANDEZ: And this one
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reduced. That one they're not approving.
My personal feeling on it is --
BOARD MEMBER McCAIN: No, that's
another sign.
9
BOARD MEMBER FERNANDEZ: And that's
just open to discussion to my fellow Board
members is, I think it's more appropriate
to have the sign on the north, as staff
has said. I would also argue as well as
on the west and not on the east. And then
reduce the main entrance one to comply
with code, which is reducing it by half an
inch tall and by about a foot length. And
they're done. That's just my suggestion.
BOARD MEMBER McCAIN: I have a
question. Are we allowed to have these
signs --we have never had signs
Lourdes, we have never had signs on the
top of buildings downtown; is that
correct? Are they allowed or not? Let's
get back
BOARD MEMBER FERNANDEZ: They're
allowed.
BOARD MEMBER McCAIN: They're
allowed?
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BOARD MEMBER FERNANDEZ: Yeah.
BOARD MEMBER SCHWARTZ: There's just
a few buildings that have the signs way up
in the top.
BOARD MEMBER FERNANDEZ: Staff is
showi ng us some i nformati on. If. you guys
want to gather around, take a look, feel
free.
MR. LIGHTFOOT: The previ ous tenant
there --
MS. CABRERA-HERNANDEZ: Asking me if
there's signs been on top of the building.
BOARD MEMBER McCAIN: Before.
MS. CABRERA-HERNANDEZ: I just pulled
out the previous tenant, retail tenant,
the bank, HSBC, and there are cl earl y the
--actually, they were the first to occupy
this building when it was first built.
And here's the north --
BOARD MEMBER McCAIN: My question is,
even though these were the plans, was this
sign ever on the building, per se? Are
you aware of the sign, if they followed
through and put it on the building, even
thought they got permitted to do so?
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UNIDENTIFIED SPEAKER: I don't
remember it.
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BOARD MEMBER McCAIN: I don't believe
so. I don't believe that sign was ever on
the b u i 1 din g ..
BOARD MEMBER FERNANDEZ: But the
point is that they're allowed.
BOARD MEMBER McCAIN: How many?
BOARD MEMBER FERNANDEZ: Well, that's
what staff is saying, they're allowed the
one sign, which is --
MS. CABRERA-HERNANDEZ: It's up to
the Environmental Review & Preservation.
BOARD MEMBER McCAIN: Total, how
many?
MS. CABRERA-HERNANDEZ: There's no
total.
BOARD MEMBER McCAIN: No, what does
the land development code say, how many
they're allowed?
MS. CABRERA-HERNANDEZ: Four flats;
one on the facade?
BOARD MEMBER McCAIN: No, no, I'm
talking about up here.
MS. CABRERA-HERNANDEZ: Four flat
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si de; one for facade.
BOARD MEMBER McCAIN: So they could
have four?
MS. CABRERA-HERNANDEZ: If the
building
BOARD MEMBER FERNANDEZ: On the
building has four facade. Exactly.
That's why --the point is that they're
asking for two on the west side.
BOARD MEMBER SCHWARTZ: Right.
BOARD MEMBER FERNANDEZ: One up on
the tower and one down at the loggia
1 eve 1 .
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BOARD MEMBER McCAIN: Fi rst of all, I
will have to say --
BOARD MEMBER FERNANDEZ: Thank you,
Lourdes.
BOARD MEMBER McCAIN: You know, let
me just start off here. Again, it looks
there's --you know what, I don't have
a problem with one in a location maybe --
and I'm just thinking, in a location that
is visible to everybody, you know, where
it has the most visibility, but to go and,
you know, put three ceiling you know,
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rooftop signs, as I'm going to call them,
and then more signage on the bottom, you
know what I have to say that not too
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long ago, in comparison, we approved and
had back here so many times City National
Bank that's at U.S.1, where the old --
okay. And let me tell you something, with
all the signs there, there's no traffic.
There's nobody --you know.
So the bottom 1 i ne is, what. is the
point of this? Because you're going to
set precedence, you know, of all these
signs. I think it needs to --I mean, we
need to know that you're there. We get
it, but we don't need all these signs.
MS. SCHWARTZ: We did discuss that, I
believe --I recall that we discussed that
the western elevation sign should not be
on the rooftop, that people in the
downtown area, which faces
BOARD MEMBER McCAIN: Downtown.
MS. SCHWARTZ: --downtown and where
you live, like, you don't want to have to
walk out of your townhouse and look at
that rooftop sign, just as I didn't want
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to walk out of my house and look at a
rooftop sign on the 7000 building, so it
got revised.
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I don't believe that the western
tower is necessary sign. They have the
ent rance si gn. Yeah, the western one up
on the top. I don't want to see our city
turned into Time Square either. I think
it looks trashy with all these signs.
And I think you're right, people get
it. We know where they are. You put one
on the north elevation. You put one on
the east elevation.
BOARD MEMBER McCAIN: Let me
the north elevation the one
BOARD MEMBER SCHWARTZ: That's
enough.
i s
BOARD MEMBER McCAIN: Is the north
elevation the one above town? Is that the
top facing is that --
BOARD MEMBER SCHWARTZ: It would face
it would face Sunset Drive.
BOARD MEMBER McCAIN: And that's also
facing --
BOARD MEMBER FERNANDEZ: The north --
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the north and the west occur on that
corner tower piece, which is the corner of
town. So it won't be looking, you know,
towards U.S.1, which is the north. And
then the west one will be looking, well,
towards U.S.1. as well in the other
direction.
BOARD MEMBER McCAIN:
BOARD MEMBER SCHWARTZ:
You know what--
I dpn't think
that the western one should be there
personally. Also, I think it does not add
to the aesthetics of our town. I don't
think it adds to the aesthetics of the
building.
BOARD MEMBER McCAIN: That's the hub
right there.
BOARD MEMBER SCHWARTZ: And I think
people get it. They're going to see
enough of those tower signs. They're
going to see the entrance sign. And we
really have to be careful with that,
because we're going to go --I don't think
we're going in a good direction if we
allow those, all of those tower si gns.
And I agree with staff, I don't think
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the western sign should be allowed.
And I think they need to take that
sign that's over the entrance that's a tad
bit larger and get with code and comply.
BOARD MEMBER McCAIN: Okay. And 1 et
me bring one more thing up. You know, I'm
willing --I agree, no to the west, and
I'm going to say no to the north, but you
know what, the east one --
BOARD MEMBER FERNANDEZ: Would you
like --would you like to go ahead and
structure a motion?
BOARD MEMBER McCAIN: Yeah, yeah.
I'd like to make --well, let me'see how
you all feel.
MS. CABRERA-HERNANDEZ: Excuse me.
BOARD MEMBER McCAIN: You know, the
one on the east, the one facing east is
facing Red Road. If I'm going to choose
one, I would have to say that one. And
the reason I'm going to have to say that
one, because you're hitting all the people
from High Pines, Pinecrest coming to South
Miami from the north. So they'r~ going to
see, oh, well, Google says it's on Red
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Road, and they're going to look up in
there, and they know they need to go in
that direction, but you're covering most
of the area there. So I would agree to
the east elevation.
I would say the bank main entrance
needs to be reduced. And I'm only going
to vote for what's according to the land
development code.
17
The north elevation and the west, I'm
going to say no.
And let's not forget here, Board
Members, in case you don't frequent this
plaza, there is an additional sign that
seems to evade us making a decision on,
and that's as you go inside the plaza.
Every establishment inside has a sign
that, for some reason, we never get to
approve here.
BOARD MEMBER FERNANDEZ: What, in the
store fronts?
BOARD MEMBER McCAIN: It hangs.
BOARD MEMBER SCHWARTZ: Hanging from
the inside.
BOARD MEMBER FERNANDEZ: Oh, yeah,
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yeah, that's right, they're perpendicular
to the store front inside the arcade.
BOARD MEMBER McCAIN: In addition, in
addition, there's window decals on there.
So, you know, from my standpoint, I would
suggest making the bank main entrance to
the land development code. And I will
approve the east elevation. And, in
addition, they're going to have that
little sign in the plaza, but no to the
north and no to the west.
BOARD MEMBER FERNANDEZ: Any
additional comments or questions on this?
And maybe we can get a
BOARD MEMBER McCAIN: One more
comment.
BOARD MEMBER FERNANDEZ: Discuss with
the applicant, so they're aware of what
our intent is.
BOARD MEMBER McCAIN: If the
applicant wants to pullout this photo, I
mean, I put an X and a yes.
And one other thing I just want to
put on the record, the bank, as I brought
up the last time, although not an issue,
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will have to have the issue with parking
in the drive-thru establishment.
BOARD MEMBER FERNANDEZ: Well, but
that's separate. I agree, but that's
separate.
19
Any additional questions or comments?
Does everyone feel the same way about the
proposed signs?
BOARD MEMBER MONTANA: I think that's
a good proposal, yeah.
BOARD MEMBER FERNANDEZ: The
proposal. Okay.
Is the applicant here?
MR. LIGHTFOOT: Yes.
BOARD MEMBER FERNANDEZ: Okay. Just
so you understand, because we're going to
make a motion. And maybe it will make it
a lot easier if we're all on the same page
about it.
Ri ght now, as it stands, it looks
like the majority of us are in agreement
that the east sign is fine, as staff has
recommended.
And then the main bank entrance sign
that's at the loggia, just be reduced
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slightly so it fits within code
requirement to code requirement.
You're close, but you're a little bit
over. Bring it down, whatever it needs to
be, so it fits within code requirement.
Do you understand?
MS. ORTEGA: Uh-hum.
BOARD MEMBER FERNANDEZ: Okay.
And then the two tower signs on the
north and the west, no.
MS. ORTEGA: Why?
BOARD MEMBER FERNANDEZ: Because
we're saying no.
BOARD MEMBER McCAIN: Okay. Here we
go.
MS. ORTEGA: Before approve the other
bank, the elevation.
BOARD MEMBER FERNANDEZ: Well --
BOARD MEMBER SCHWARTZ: That doesn't
mean that that's going to be automatically
approved.
BOARD MEMBER FERNANDEZ: We 11 ,
act u all y, the 0 the r ban k, i f you.' r e
referring to this item, this was
actually--
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MS. ORTEGA: North, have the approved
north; east main entrance and south.
BOARD MEMBER FERNANDEZ: Look, I'm
BOARD MEMBER CORRAL: How many
stories did that building, Hector, on the
HSBC?
BOARD MEMBER FERNANDEZ: What about
it?
BOARD MEMBER CORRAL: How many
stories does that building have?
BOARD MEMBER FERNANDEZ: It's the
same building?
BOARD MEMBER CORRAL: Oh, it's the
same building?
BOARD MEMBER FERNANDEZ: Yeah, it's
the same building. Back in '05 --back in
'05, they had applied for HSBC to put a
sign on the building. This application in
particular was deferred, but maybe it got
approved at some point and I guess it
never got executed. I don't remember, to
be honest with you. I wasn't living in
South Miami in '05.
No, no, we're just discussing
with the applicant. Just so you
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understand agai n, the east si de, yes. The
bank entrance, reduce it slightly so it
fits within the land development code
requirements. And the tower ones, no.
BOARD MEMBER SCHWARTZ: Our city is
growing and we're progressing, and you
have to understand that we have to make
sure that it grows and progresses in a way
that is aesthetically pleasing to our
character of our town. We don't want to
look like Brickell. We don't want to look
like Coral Gables. We're only 2.5 square
miles. And the building is huge, and it's
nice, and it's new and it's modern.
MS. ORTEGA: It's not. It's a
business.
BOARD MEMBER SCHWARTZ: People will
know the bank is there. You've got tower
si gns, but to, you know
MS. ORTEGA: In Coral Gables approve
the Mercury.
BOARD MEMBER SCHWARTZ: We're not
Coral Gables, and we don't want to be.
MS. ORTEGA: It can be on a
different elevation.
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BOARD MEMBER FERNANDEZ: Ma'am, I'm
just --we're discussing --we're about to
make a motion.
BOARD MEMBER SCHWARTZ: Then open in
Coral Gables.
BOARD MEMBER FERNANDEZ: We're just
letting you know as a courtesy what the
Board is leaning towards.
MS. ORTEGA: The building have --I'm
sorry, but the building, when the landlord
build the building --
BOARD MEMBER FERNANDEZ: Yes.
MS. ORTEGA: --it's the specific
benefit the bank business.
BOARD MEMBER SCHWARTZ: It should
benefit all the businesses.
BOARD MEMBER FERNANDEZ: Look, it's
real simple. We've--
MS. ORTEGA: Yes, but it's the same,
the location, the store location, and the
drive-thru. It's the bank.
BOARD MEMBER SCHWARTZ: Ma'am, things
don't get rubber stamped.
BOARD MEMBER McCAIN: I just want to
say something. So far the bank and the
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signage to that building should win an
award. It's very tastefully done.
Do we all agree?
BOARD MEMBER FERNANDEZ: Yeah.
BOARD MEMBER McCAIN: I mean, it's
very --every sign that's come before --
BOARD MEMBER FERNANDEZ: It's very
nice.
BOARD MEMBER McCAIN: --it's been
very nice. It's not been overdone. It
has not been overki 11. But thi sis
overki 11, okay? And I that's my
motion. He explained it.
24
BOARD MEMBER FERNANDEZ: Well, no,
no. Formulate to a motion. Go ahead and
formulate into a motion if you want to
make it. We're just discussing, but now
please formulate, and make a motion.
BOARD MEMBER McCAIN: Anybody else
have any more comments?
BOARD MEMBER SCHWARTZ: I'll tell you
what, I love the sai 1 boat. You want to
make that 1 arger, I'd be happy.
BOARD MEMBER FERNANDEZ: Oh, and put
it up on the tower you mean?
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BOARD MEMBER SCHWARTZ: They've got
the little round sailboat logo right next
to the letters Biscayne Bank. Do you see
it?
MS. ORTEGA: It's possible. I need a
question.
BOARD MEMBER SCHWARTZ: There's a
little blue ball there. That is a
sailboat.
want
MS. ORTEGA: I need a question.
BOARD MEMBER McCAIN: She doesn't
BOARD MEMBER FERNANDEZ: Yes.
MS. ORTEGA: The bank have the
remodulation (sic), the drive-thru.
BOARD MEMBER FERNANDEZ: Right.
MS. ORTEGA: It's possible submit the
sign and then this elevation, the
drive-thru?
BOARD MEMBER McCAIN: No, no way.
The drive-thru is going to be another sign
inside?
MS. ORTEGA: It's the same HSBC.
BOARD MEMBER McCAIN: Well, wai t a
minute. Let's try backup there.
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MS. ORTEGA: No, it's a question.
BOARD MEMBER FERNANDEZ: Hold on,
Sharon.
BOARD MEMBER MONTANA: It's a
question. She's asking about
26
BOARD MEMBER FERNANDEZ: Right now
before us we're going to make a motion, as
I mentioned.
BOARD MEMBER McCAIN: But I've got
another question.
BOARD MEMBER FERNANDEZ: It looks
like the bank entrance and the east are
the signs that the majority of the folks
here on the Board feel are the signs that
should be on the building.
BOARD MEMBER McCAIN: I agree, but I
have one more comment.
If there is a drive-thru, and there
is going to be a drive-thru, why isn't the
drive-thru sign in this application?
Because obviously we have --
MS. ORTEGA: (Inaudible).
BOARD MEMBER McCAIN: You have to
have a sign that points to which direction
the drive-thru is. The last bank did. So
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with this application isn't even full. I
mean, are we going to just drive by like
we did and see a sign put up without
coming before us? Let's deal with this
now. There has to be a sign that
indicates drive-thru, or it's --you know,
it's going to create traffic driving
around, and around, and around and around.
BOARD MEMBER FERNANDEZ: Well, ri ght
now, again, we're reviewing --
BOARD MEMBER McCAIN: All right.
BOARD MEMBER FERNANDEZ: --these
signs before us. Duly noted, it's true.
Any additional signs you get put up
on the building, you do know and
understand
BOARD MEMBER McCAIN: Including the
drive-thru.
BOARD MEMBER FERNANDEZ: --and your
client understands that any signage that
gets put up would have to get approval
from the city before it gets installed.
BOARD MEMBER McCAIN: You understand
that?
BOARD MEMBER FERNANDEZ: So, Ms.
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McCain, would you like to make a'motion?
BOARD MEMBER McCAIN: Yes, I I d 1 i ke
to make a motion to approve the following
on this application.
May I borrow this?
BOARD MEMBER FERNANDEZ: Uh-hum.
(Handing).
BOARD MEMBER McCAIN: To approve --
the bank main entrance sign needs to be
applied to the land development code. It
needs to go smaller.
The tower sign on the east elevation
facing Red Road is approved.
But the other two tower signs, north
and west, does not get approved.
UNIDENTIFIED MALE BOARD MEMBER:
Second.
BOARD MEMBER McCAIN: Do I have a
second?
BOARD MEMBER FERNANDEZ: We have a
motion. I believe Ms. Schwartz second it.
Yes, Ms. Schwartz, you second?
BOARD MEMBER SCHWARTZ: Yes, I
second.
BOARD MEMBER FERNANDEZ: Motion and
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second.
Any additional comments or questions.
BOARD MEMBER MONTANA: I have one
thing. Ms. Schwartz said something
interesting a couple minutes ago. You
talked about that little sailboat logo. I
was like --my, you know, initial reaction
to this application was to go just right
with the staff recommendation, but then
when you talked about removing the tower
sign, even from the north side, yeah, it
might be a little bit too much, but then
the sailboat thing I don't know. I'm
going to vote with to go with the
BOARD MEMBER FERNANDEZ: So let's go
ahead and take a vote then.
Mr. Montana, how do you vote on the
motion?
BOARD MEMBER MONTANA: Yes.
BOARD MEMBER FERNANDEZ: Mr. Coral?
BOARD MEMBER CORRAL: Yes.
BOARD MEMBER McCAIN: You need this?
-it's working?
BOARD MEMBER FERNANDEZ: Ms. Cain?
BOARD MEMBER McCAIN: Yes.
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BOARD MEMBER FERNANDEZ: Mr. Gil?
BOARD MEMBER GIL: Yes.
BOARD MEMBER FERNANDEZ: Ms.
Schwartz?
BOARD MEMBER SCHWARTZ: Yes.
30
BOARD MEMBER FERNANDEZ: Mr. Corlett?
BOARD MEMBER CORLETT: Yes.
BOARD MEMBER FERNANDEZ: Myself, no.
So you receive an approval on the
motion for the two signs. Thank you.
BOARD MEMBER McCAIN: And --and if
there's a drive-thru sign, it needs to
come before the Environmental Review Board
before it's
MS. CABRERA-HERNANDEZ: Any
additional signage not part of this
application would come before the
Environmental Review & Preservation Board
for review and approval.
Thank you.
(Thereupon, at 9:24 a.m., the hearing
on this item was concluded).
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CERTIFICATE OF REPORTER
4 I, Lorena Ramos, Nati onal Regi stered
31
5 Professional Reporter and Florida Professional
6 Reporter, do hereby certify that I was
7 authorized to and did TRANSCRIBE the foregoing
8 VIDEOTAPED RECORDING, and that the transcript,
9 pages 1 through 30, is a true and correct
10 TRANSCRIPTION of the VIDEOTAPED proceeding, to
11 the best of my ability.
12
13 DATED this Monday, 10/15/2012, at
14 Miami-Dade County, Florida.
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I~ ----------(7------------
LORENA RAMOS, RPR & FPR
COURT REPORTER
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CABRERA [13] -7:5,
7:14,8:14,8:20,
10:11,10:14,11:12,
11:16,11:21,11:25,
12:4,16:16,30:15
Cabrera [1J -1 :22
CABRERA-
HERNANDEZ [13J-
7:5, 7: 14, 8: 14, 8:20,
10:11,10:14,11:12,
11:16,11:21,11:25,
12:4,16:16, ::10:15
Cabrera-Hernandez
[1]-1 :22
Cain [1J -29:24
cannot[1J -5:17
! careful [1J -15:21
, CAROLINA [1] -1:8
Carolina [1J -2:4
case [1J -17:13
ceiling [1J -12:25
certainly [1J -7:14
CERTIFICATE [1J -
31:1
certify [1J -31:6
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character [1 J -22: 1 °
choose[1J-16:19
City [1J -13:5
city [3J -14:7, 22:5,
27:22
CITY [2J -1:1
clear [2] -2:8, 2:21
clearly [1J -10:16
client [1J -27:20
close [1J -20:3
code [13J -3:5, 3:18,
6:9,9:12,11:19,
16:4, 17:9, 18:7,
20: 1,20:2, 20:5,
22:3,28:10
combined [1J -3:12
coming [2J -16:23,
27:4
comment [3] -5: 1 0,
18:16,26:17
comments [7]-2:19,
4:13,6:6,18:13,
19:6, 24:20, 29:2
common [1J -4:6
company [1] -5:8
comparison [1J -13:4
complied [2J -3:3, 3A
complies[3J -3:18,
5:5,6:2
comply [3J -3:6, 9:11,
16:4
concluded) [1J -30:22
conditions [2] -5:22,
5:25
. conduits [1J -6:3
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
1
continue [1J -4:9
, Coral [4J -22:12,
22:20, 22:23, 23:5
, coral [1J -29:20
· CorlettI2J-1:16,2:11
corlett [1J -30:6
CORLETT [1J -30:7
corner[3J -6:17, 15:2
, CORRAL [5J -3:21,
21:4,21:9,21:13,
29:21
Corral [1J -1 :15
correct [6J -7: 13,
7:25, 8:5, 8:9, 9:20,
31 :9
correctly [1J -7:21
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2:15
COURT[1J -31:19
courtesy [2J -4:6,
23:7
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create [·1J -27:7
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decals [1 J -18:4
decision [1J -17: 15
deem [1] -6:11
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21 :19
, details [1]-5:8
development [9] -3:5,
3: 18, 5:16, 6:9,
11:19,17:9,18:7,
22:3,28:10
: different [1] -22:25
: direction [4] -15:7,
15:23, 17:3, 26:24
discouraged [1]-6:15
· discuss [2]-13: 16,
18:17
discussed [1]-13: 17
, discussing [3] -
21 :24, 23:2, 24: 17
discussion [1] -9:6
done [2J -9:14, 24:2
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12:12,20:4
downtown [4]-9:19,
13:20, 13:21, 13:22
Drive[2]-1:2,14:22
drive [13] -19:2,
23:21,25:15,25:19,
25:21,26:18,26:19,
26:20, 26:25, 27:2,
27:6, 27: 18, 30: 12
i drive-thru [12] -19:2,
23:21, 25: 15, 25:19,
25:21,26:18,26:19,
26:20, 26:25, 27:6,
27:18,30:12
driving [1] -27:7
due [1]-2:18
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8:2,9:10,14:13,
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22:1,26:12,28:12
Edward [1] -1 :16
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3:13
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3:15
either [1] -14:8
elevation [13]-5:13,
13:18,14:12,14:13,
14:15,14:19,17:5,
17:10,18:8,20:17,
22:25, 25: 18, 28: 12
end [1] -6:22
i entrance [16] -3: 1,
3: 1 0, 5:20, 5:24, 6: 1,
9:11,14:6,15:20,
16:3, 17:6, 18:6,
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26:12,28:9
ENV[RONMENTAL [1]
-1: 1
Environmental [4] -
7:8,11:13,30:13,
30:18
equates [1]-3:15
ERPB [3J -2:17, 6:10,
: 7:11
ERPB-12-062 [2] -1 :9,
2:3
establishment [2] -
17:17,19:2
· evade[1]-17:15
exactly [1] -12:7
· except [1J -5: 12
: excuse [3] -2:9, 3:4,
16:16
· executed [1]-21 :21
· explain [1J -7:15
MIAMI-DADE COUNTY COURT REPORTERS, INC.
2
(305) 373-5600
3
19:14 28:1,28:2,28:8, MemberS[2J-1:13, 24:10 14:10,15:18,16:22,
Lightfoot [1J -1 :22 28: 18, 29:22, 29:25, 17:13 i nobody [1J -13:9 22:17
line[1J -13:10 30:11 mentioned [1J -26:8 : north [20J -5:23, 7:23, i per[2J -8:21,10:22
listed [1J -5: 15 mean [8J -6:15, 6:19, , Mercury [1J -22:21 8:1,9:8,10:19, Permit [1J -1 :22
live [1J -13:23 13: 13, 18:22, 20:20, i met [2J -7:4, 7:6 14:12,14:15,14:18, ' permitted [1 J -10:25
living [1J -21 :22 24:5, 24:25, 27:2 MIAM[ [1J -1:1 , 14:25,15:1,15:4, I perpendicular [1J -
located [1J -2:5 : meeting [2J -2:18, 7:9 Miami [4J -1 :2, 16:24, 16:8, 16:24, 17: 10, 18:1
location [4J -12:21, MEMBER [156J -2:2, 21:23,31:14 18:11,20:10,21:1, personal [1J -9:2
12:22,23:20 2:9,2:12,3:21,3:23, Miami-Dade [1J -21:2,28:14,29:11 ! personally [1J -15: 11
, locations [1J -5:14 3:25,4:3, 4:5, 4:7, 31 :14 note [1J -6:8 ! photo [1J -18:21
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i 19:25' 6:25,7:2,7:10,7:17, miles [1J -22:13 nothing [2J -6: 19, i Pinecrest[1J _ 16:23
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5:8, 25:2, 29:6 8:12,8:16,8:18, minutes [1J -29:5 .. ; Planner [1J -1 :22
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14:1,17:1,21:3, 9:5, 9: 15, 9:22, 9:24, Monday [1J -31:13 plastic [2J -2:23, 5:9
22:11,23:17 10:1,10:2,10:5, ' Montana [2J -1 :17, plaza [3J -17:14,
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17:16,18:10
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12:8,13:11,21:20
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i 7:3,9:18,12:17 26:7,28:1,28:3, , precedence [1J -
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6: 1, 9: 11, 17:6, 18:6, 21 :4, 21 :7,21 :9, 11:21,11:25,12:4, 29:3 Principal [1J -1 :22
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23:22, 23:24, 24:4,
23:19, 25:5, 25:10,
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8: 1 0, 8: 18, 8:24, 9:3, 26: 11, 26: 16, 26:23, National [2J -13:5, 26:1,26:22 pull [1J -18:21
9:15,9:24,10:13, 27:9, 27: 11, 27: 12, 31 :4 i Ortega [1J -2:4 pulled[1J-10:14
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13:21,14:14,14:18, 28:20, 28:23, 28:25, 25:5,25:10,29:22 14:11,14:12,18:22,
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16:5,16:13,16:17, 29:20, 29:21, 29:22, 17:7, 20:4, 28:9, 27:3,27:14,27:21
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24:5,24:9,24:19, 30:6, 30:7, 30:8, 17:18,21:21 pages [1J -31:9
25:11,25:20,25:24, 30:11 new[1J-22:14 parking [1J -19:1
26:9,26:16,26:23, Member [1J -2:11 next [1J -25:2 part[1J -30:16 questions [3J -18:13,
27:11,27:17,27:23, ' members [1J -9:7 particular [1J -21: 19 19:6,29:2
nice [3J -22:14,24:8,
, people [5J -13: 19, quick [1J -7:21
------------------"--~~---.
MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600
4
-----------~-------------------
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Ramos [1J " 31:4 reviewing [1J" 27:10 24:6,25:18,25:21, ; suggestion [1J" 9:14 UNIDENTIFIED [2J "
RAMOS[1J" 31:18 revise [1J" 5:7 26:20, 26:24, 27:3, i suggestions [1J " 6:6 11:1,28:16
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recommendation [4J " RPR[1J" 31:18 5:17,5:18,8:21, 16:3
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29:9 10:12,13:1,13:8, tastefully [1J" 24:2 VIDEOTAPED [2J"
recommendations [1J 5 13:13,13:15,14:9, tenant [3J" 10:9, 31:8,31:10
" 7:12 15:19, 15:24, 19:8, 10:15 visibility [1J " 12:24
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4:17 Sharon[4J" 1:15, 4:1, 10:5, 11:10, 15:25, 31:10
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MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373 -5600
',,',
CITY OF SOUTHM,IAMI
ENVIRONMENTAL REVIEW & PRESERVATION BOARD ;:1
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Date: September 18, 2012
Tuesday 8:30 a.m.
Re: ERPB-1'2;'062
First RevieW
Request: Signage I.nstallation
ERPB Applicant: ... ';:"~.t'~""~f.f.~;;J.\;{;/~: ... 'f:"'"'' Carolina Ortega
For: ........................ ;;;~ .. '.,' ..• ".: •. ,., •.. " ....... , .•.•. : ............ ,.'. Biscayne' Bank:
Property Owner: ..... ""~,, .• ;.: .. '!'.':T", •• ,'j\' .• :'i' •••••••. 7300 Investments, LLC
Fo lio. Numbers: ......•. ;;; .... ,.,.:.,,,;,;,";·;,,~ .. :,~; ... ,t':~ •••••••••• 09-4036-089;,;,0020
Property Address:"":1;."~.,.,,:<':j,;:.,\,; •. ,;,,,;~ ...... ; .... 7301. SW· 57 Court
Zoning District:. '" 'i.\";':~('~{'·N!~+'.';;j~,,~:"'i:':""" '" "SR HD-OV" Specialty Retail~Hometown
District Overlay
AdJacentZoning:,."", .. ,~.t:.,,,.~.,.u':";.""'~"·""':::", •.• , ... SR HD-OV (North. j::.ast and West); RO
(South)
F~ture I..f;tndljse CategorY;~}~.>., .. ".,,,,,,,,;~ •. , .• , .. Mixed-Use Gommercial Residential
(Four Story)
Building Use:',i:"·;: •. ;,.,,,.,·;.' .... N'.,. •••. ,,,,, ... .,.,, •• w; .•.• , •• Banking institution
Flood Zone,: .. ~, .. , ... ~.".,.,., .... ,,i'!'.~;.;M,~\~i.; •. ~;,,~;:i;~;.;;\;.i.~"i;~\n.,. X .. Zone (Nqta Flood z.one)
ARPLICAN1:'SREgUEST;
The;'applicant"isfecj'Ueslihg' approval for' the. installation of a signage for the above
referenced.iocatlon.
STATUS' UPDATE':
Afits$ePtember4, 2012 ERPB meeting, the Board deferred this item so that the
applicant could revise the size of the Bank Main Entrance sign as well as add sign
details for the installation of the. proposed sign~ge.. The applicant h~s revIsed ~he sign in
question and has provided the Board with revised signage details that provide more
clarity on how the sign will be installed.
STAFF ANALYSIS:
The applicant is . proposing to install a total. of (4) signs that wHl be mounted to the
existing multi story building. Considered to be flat signs, Section 20-4.3(1){5) All Other
Zoning Districts, of the Land Development Code, provides the following regulatiOns for
flat signs:
FLA T signs with a total aggregate sign area, not to exceed twenty
(20) percent of the area of any building face; for the purposes of
sign regulation, there shall be considered to be only four (4)
facades to any building; no single sIgn shallexceeq two hundred
(200) square feet in area. Direct iIIumjnation is permitted.
West Elevation (Bank Main Entrance)
Originally, this sIgn was to have a total of eighteen (18) inches, a total length of one
hundred and eighty-six (186), and a sign area of approximately 13.125 square feet,
which complied with the regulations listed above for Flat Signs. However, it did not
comply with the lease agreement that was supplied by the applicant. At the previous
EXHIBIT "C"
;,. ,
;,'
7301 SW 57 Court
ERPB,.12;.062'llpresented on S,eptember 18,. 2012
Sigriage ·Insta'nation
me~ting, itwas decided that the sign be reduced so that it complies with both the lease
agreement as well as the regulations listed above, for Flat Signs. The applicant has
submitted revised drawings that show that the proposed sign has been reduced in
length to a total length of one,.hundred fourteen (114) inches,andthe totalheight of the
sign will remain the same. which is eighteen (18) Inches. Upon review of the revised
sign,it was found that the portion of the sign that reads ;'Blscayne Bank" in silver
colored lettering complies with the regulations listed in the lease agreement, wbich. is.
eight (8) feet long, and one (1) foot high. However,.the company logo portion of the sign
is eighteen (18) inches high, and eighteen inches long. Pursuant to Section 20;..
4.3(M)(1) of the Land Oevelopment Code,
The area of a sign shall be computed by means qf the ~mallest
squqre, circle) rectangle, triangle, or combination t/Jereof that will
encompass the extreme limits of the signcontenti. togf)therwith any
material or color forming an integral part of lhebackground of the
display or used to differentiate the sign from the backdrop or'
structure against Which it is placed, bLit not including anysuppodJfjg
slrucfureclearly incidental to the display itself or any other g/eatJy
incidenta/decorative element
The pr9Posed sign would helve to be tre.ated as one complete sign. When :calculated i
the proposed sign still exceeds the maximum length 'ancf heig ht allowed by the lea$~
agreement While the sign still cqmplles with the reguhati,<;>ns 1,~tecJ for ,H:lt si~ns', it sWI
exceeds that maximumrequiremehtsallowed in the lease agreement B.ecause onhis,il
IS the recommendation of staff .that the sign be reduced further so tliat it c0mpli¢~ with
both the regulations listed in the lease agreement. Plea~'enotethanhe square footage
Hstedon the revised plans isincorrectandshould be corrected.
West Elevation (Tower)
The proposed sign still 'Shows the company logo with lettering to the right that Will read
"Biscayne Bank" in blue. lettering. The proposed sign will have, a total height of twenty-
one (21) inches, a total length of one-hundred andeighty-slic (180) inches,. and a sign
area of approximately 27. t25 square feet which does not exc~ed the maximUm sqUare
footage allowed for flat signs. However even though this is a location that. is permitted: in
the lease agreement, staff cannot support it because the regulations listed for flat 5i,gns
dictate that only one sign is allowed pet fa!,(ade, aiid as stated previously the proposed
sign over the entrance is also on the west elevation.
East Elevation..
theproposed'sign still shows the company logo with lettering to the right that will read
"Biscayne Bank!' in blue IE:ittering. The proposed sign will have a total height of twenty~
one (21) inches, a total length oJ one-hundred eighty-six (18~) inches, and a sign area
of approximately 27.125 square feet which does not exceed the maximum square
footage allowed for flat signs.
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7301 SW 57 Court
ERPB~~':'2,:,06'2j:' presented on September 18., 2012
'Signage'installation
North£levation (TowerL
The proposed sign still shows the company logo with. lettering to the ri'ght that Will read
.iBiscayne Bank" in blue lettering. The proposed sign will have a total height of twenty-
one (2'1) inches, a total length of one~hundred and eighty~six(186) inches, ,and a sign
area of approximately 27'.125 squandeet which does not exceed the maximum square
footage allowed for flat s·igns .
.cONCLUSION.;
fhe'applicanffevised the signage installation details to ,show that the company logo will
b.e comp,osed of revers~ channel, letters that Wilt: have aluminum returns with a routed,
plastic face that will use digital graphics, WhereEisthe, company.name sign will also be
composed of reverse channel letters that have aluminum. returns, but will have an
aluminum backlit face that will be painted. Both sign types Will utilize LED's to Ii~htthe
sign and will be installed using 'screws', '" . "
While all four signs are proposed tobl3 installed atJocations that were approve:d via tbe
lease. agreement, not all of the sign locafiobscomply with 'the regulations listed for Flat
Signs. All four Signs c.omply with the dimen$ion~1 requ,irements listed for Flat Signs.
However, the applicant is proposing to 'j'nstaH two (2) sign~ql'1 me west ~levati6n(Bank
Main Sntr$,nce a,i1d Tower) Where only one is ~Hpvved. Becaul?e of this; it is
recommended that the sign ()n t~ewest tower not be installed. Also, when revie.wed
against the ,signagefor HSBC, the previous tenant, it wasn6ted that signage was not
iii stalled 6n the west portion, ofth~ to\tV~r. Howf?Ver;, sigi1~.g~for HSBC Was installed on
an of the other locations' that the current tenant is, requesting" EXGept as previously
noted, the signs meet th~ regUlations listed for fta, 'sj~jnS; "Be¢ause of, this,staff
recommends approVal for'all of the proposed signs, except for the tower sign on the
west elevation. ' .
RECOMMENDATION: AI2Provaf for North, East. and West (Bank Main Entrance)
Elefvationwlththe:'f61\0willg conditions: .'.
1, The size of the west (Bank Mcdh Entrance) elevation sign must be reduced so
that it complies with the lease agreement
2. No exposed conduits or wiring;
3" Any additional s1911age will require a separate submittal to the ERPB; and
4. Any comments and/or suggestions from the Board.
RECOMMENDATION: Denial for West Elevation (Tower Sign):
Pursuant to Section 20-4.3(L) of the Land Development Code, other types of signs, not
expressly permitted by regulations stated in Sectl'on 20-4;3(1), may be approved by the
Environmental Review and Preservation Board (ERPB) when the following conditions
are mel:
1. That the proposed sign is not prohibited by SectiOn 20·4.3(E);
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7301 SW 57 Court
ERPB-12-062, presented on September t8, 2012
Signage Installation
2. Th~t the proposed sign conforms to the South Florida Building Code and other
code regulations, as applicable;
3. That .the proposed additi,onalsign on the building does not occupy more than
30% of the facade on which it is proposed to, be installed, or more than 20% of
any window area; and
5. Detached signs may be permitted ,on any commercial property with the approval
of the Environmental ,Review and Preservation Board, including detached signs
that exceed the permitted location and height standards set forth' in Section 20-
4.3(1). ;'
Attachments~
."egpI3f\ppltcatlon, dated Augqst24,201,2
• Fee ~chedule,!: part 1 of 4, dated ,August 24" 2012
• Letter of Approval from Property Owner, dated August 14; 2012
• LeaseAgreement
• Col11P'arisonWest Elevation (Bank Main Entrance);
.Comparison$ignage Details
• S!gnage Package,prepated /?y,strategic Energy Efficiency Associates:
• Sign Location Pictures,' ,
• Installation Details (Company Logo)
• InSiallationDetaUs, (Business Name)
• 'West.J;I$vatibrl(Bah,k:fV1;3il1 Entrance)
• West Elevation (Tower)
• East Elevation '
• North Elevatioh (Tower)
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