Resolution No. 2020-31 Modifying Approval of Res. No. 2014-53 to Allow Clear Channel Outdoor to Install LED Panels at 203 Street & Biscayne Sign - May 14, 2020RESOLUTION NO. 2020-31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVAL GRANTED
THROUGH RESOLUTION NO. 2014-53, TO INSTALL LED
CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE
COMMERCIAL ADVERTISING SIGN LOCATED AT THE SOUTHWEST
CORNER OF BISCAYNE BOULEVARD AND NE 203 STREET (IVES
DAIRY ROAD) AND TO EXTEND THE EXPIRY DATE OF THE
VARIANCE APPROVAL FROM JANUARY 6, 2020 TO JANUARY 6,
2030, ON PROPERTY DESCRIBED IN EXHIBIT "A"; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Clear Channel Outdoor Inc., was granted variance
approval by Resolution No. 2003-06 adopted by the City Commission of the City of
Aventura on January 7, 2003 to modify a commercial advertising sign, subject to certain
conditions contained in the Resolution; and
WHEREAS, the applicant was granted a modification of Condition 1) of
Resolution No. 2003-06, through Resolution No. 2005-70, to permit commercial
advertising on the southern most panel of the rear (west) face of the sign, where the
condition of Resolution No. 2003-06 provided that no advertising other than a
"Welcome to the City of Aventura" sign may be placed on the rear face of the sign; and
WHEREAS, the applicant was granted a modification of Condition 2. of
Resolution No. 2005-70, through Resolution No. 2007-23, to permit commercial
advertising on the entire rear (west) face of the sign; and
WHEREAS, the applicant was granted a modification to Condition 5) of
Resolution No. 2003-06, through Resolution No. 2014-53 to extend the expiry date of
the variance approval from January 6, 2015 to January 6, 2020; and
WHEREAS, the applicant now seeks to modify and extend the variance as
described in Application VAR1911-0001 and the attached staff report; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
City of Aventura Resolution No. 2020-31
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to install LED changeable copy panels on
the easterly face of the commercial advertising sign and to extend the expiry date of the
variance approval from January 6, 2020 to January 6, 2030 on property legally
described in Exhibit "A" to this Resolution, is hereby approved subject to the following
conditions:
1. As proffered by the applicant:
i) the westerly face of the upgraded billboard, which is visible to Ives Dairy
Road, will remain as static advertising, and
ii) the applicant will remove, within fifteen (15) days of receiving all necessary
governmental permits for the upgraded sign, the existing, two panel trivision
poster commercial advertising sign on the west side of Biscayne Boulevard at
the intersection with NE 195 Street, and
iii) the applicant will provide an illumination chart, photometric report and proof
of brightness report for the LED panels. The illumination level will be dimmed at
night, through dimming software, if it is determined by the City Manager to
cause a light disturbance to adjacent residential development, and
iv) the applicant will install an ambient light sensor and secondary backup to
ensure illumination levels are not more than 0.3 foot candles above changing
light levels throughout the day, measured based on distance (feet) from the
source, and
v) the changeable copy will change no faster than 8 seconds per message,
and
vi) there will be no animation on the LED changeable copy panel messages,
other than an 8 second flip, to minimize distraction to drivers, and
vii) the applicant will post, at the City Manager's request, emergency messages
and, on a space available basis and as mutually agreed, City event
announcements on the LED changeable copy panels, and
viii) the current prohibition will remain on the advertisement of alcoholic
beverages, tobacco products, pari-mutuel gaming, casino or slot machine
gambling, adult entertainment uses or any use that is reasonably objectionable,
as determined by the City Manager.
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City of Aventura Resolution No. 2020-31
2. That the applicant record, at its expense and in a form satisfactory to the City
Manager and the City Attorney, a modification to the covenant recorded
pursuant to Resolution No. 2014-53 to include all proffered conditions and to
extend the expiry date from January 6, 2020 to January 6, 2030.
3. That all conditions of Resolution No. 2003-06, Resolution No. 2005-70,
Resolution No. 2007-23 and Resolution No. 2014-53 which are not revised
through this approval shall remain the same and in full force and effect.
Section 2. The City Manager is authorized to cause the issuance of permits
in accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Section 4. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman
Yes
Commissioner Dr. Linda Marks
Yes
Commissioner Gladys Mezrahi
Yes
Commissioner Marc Narotsky
Yes
Commissioner Robert Shelley
Yes
Vice Mayor Howard Weinberg
Yes
Mayor Enid Weisman
Yes
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City of Aventura Resolution No. 2020-31
PASSED AND ADOPTED this 14t" day of May, 2020.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4 �� [IA-f�
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 14t" day of May, 2020.
City Clerk
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City of Aventura Resolution No. 2020-31
100117fiif IV
Legal Description of Lands
The Florida East Coast Railway right of way lying in a portion of Section 35, Township
51 South, Range 42 East, commencing at the southwest corner of the southwest 114 of
Section 35, thence N 87 degrees E, 598.23 feet, thence N 02 degrees W, 820.57 feet,
thence N 87 degrees E, 100 feet to the point of beginning.
Thence N 02 degrees W, 140.18 feet southeasterly and 311.84 feet, thence S 02
degrees E 200 feet southeasterly and 313.20 feet; thence S 02 degrees E, 400 feet
southeasterly and 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly
City of Aventura, Miami -Dade County, Florida
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