Resolution No. 2020-32 Variance Approval for Clear Channel Outdoor for Sign at Lehman Causeway and Biscayne Blvd. - May 14, 2020RESOLUTION NO. 2020-32
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-193(e)(1) OF THE CITY CODE FOR ALTERATION
OF A LEGAL NON -CONFORMING COMMERCIAL ADVERTISING SIGN
TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY
FACE OF THE SIGN LOCATED ON THE WEST SIDE OF BISCAYNE
BOULVARD AT ITS INTERSECTION WITH THE WILLIAM LEHMAN
CAUSEWAY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned U, Utilities District; and
WHEREAS, the applicant, Clear Channel Outdoor Inc., through Application No.
VAR2004-0001, is requesting Variance from Section 31-193(e)(1) of the City Code to
alter an existing, legal non -conforming commercial advertising sign by installing LED
changeable copy panels on the easterly faces of the sign, where the City Code
provides that no legally non -conforming commercial advertising sign may be moved,
altered or replaced; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
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. Application for a variance from Section 31-193(e)(1) to allow
alteration of a legal non -conforming commercial advertising sign to install LED
changeable copy panels on the easterly faces of the sign is hereby approved, on
property described in Exhibit "A" to this Resolution, with the following conditions:
1. Plans submitted for permitting shall comply with the renderings of the LED
changeable copy panels attached as Exhibit #1 to the staff approval report.
2. As proffered by the applicant:
City of Aventura Resolution No. 2020-32
i) The applicant will remove, within fifteen (15) days of receiving all necessary
governmental permits for the upgraded sign, the existing, two panel Clear
Channel commercial advertising sign on the west side of Biscayne Boulevard at
the intersection with NE 195 Street, and
ii) The applicant will construct a decorative sign support structure, in design
agreed upon by the applicant and the City Manager, 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) There will be no 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.
ix) The applicant will not object to any existing City landscaping within the FEC
and/or FDOT right of way in the area of the sign. Any future landscaping
installed by the City will adhere to state statute regulating viewing area, or as
mutually agreed between the City and the applicant., and
x) The applicant will replace any existing City landscaping disturbed by
construction of the upgraded sign, and
xi) The applicant shall not erect any further commercial advertising signs in the
City, and
xii) The applicant will record, at its expense and in a form satisfactory to the City
Manager and the City Attorney, a covenant to include all proffered conditions.
The form and substance of the covenant shall be as approved by the City
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City of Aventura Resolution No. 2020-32
Manager and City Attorney. The recorded covenant is required prior to permit
issuance.
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 Vice Mayor Weinberg, who moved its
adoption. The motion was seconded by Commissioner Shelley, 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. 2020-32
PASSED AND ADOPTED this 14t" day of May, 2020.
�KGr�l�E�dY�
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4
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. 2020-32
Exhibit "A"
Description of Property
Land owned by the Florida East Coast Railway in
Section 3, Township 52 South, Range 42 East, City of Aventura, Florida,
lying on US 1 WS 1Oft S/O Wm Lehman Causeway F/N-1 and F/N-2
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