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11-21-2002 Workshop9200 West Country Club Drive Aventura. FI. City Commission Workshop t, leeting November 21,2002 10:00 A.M. 2. 3. 4. 5. AGENDA Clear Channel Outdoor Variance Request* Office Building Signage* Legislative Priorities -2003* Founders Park-South (Mayor Perlow) Appointment of Community Services Advisory Board Members Adjournment Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, ICMA-CM, City November 18, 2002 Clear Channel Outdoor Variance Request Attached are the following documents relative to the above subject: 1. Letter from O'Leary Design Associates outlining the landscaping that would be disturbed to establish the viewing zone for the existing Clear Channel sign located in front of Loehmann's Shopping Center. 2. Letters from FEC Railroad requesting the City to adjust landscaping to permit outdoor advertising signs unobstructed view. Agreement between the City and FEC Railroad for landscape easement. Original back-up information from November 12, 2002 meeting. 4. EMS/aca Attachment cc01135-02 190V 1~ U~ Ud:u=p O LFARY DESIGN ASSOCIATES RA. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC [}[SIGN November 1 $, 2002 Mr. Tony Tomei Capital Projects Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33 ! 80 Re: Biscayne 5 Aventura, Florida De~ Mr. Tom¢i: Pursuant to your request, I have recomputed the palms thm fall within the Billboard No. 1 (Clear Channel) dewing zone. The quantifies of palms are as follows: (49) Royal palms (35) Coconut palms (84) Total Palms Please l~t me know if you require any additional information. V~xy truly yours, ~ WILLIAM A. 0 LEARY, WAO/cas OAK PI-AZA PROFESSIONAL CENTER 8525S.W. 92NDSTREET, SUlTECll MIAMI, FLORIDA 33156 1305) 596-609§ MEMBERS OF THE AMERICAN SOCI£TY OF LAND,SCAPE ARCHITECTS I / I ii 0 [] i _J PI- Z LLI Z 0 Z ~J I.l.I Z >- Florida East Coast RAILWAY, L.L.C. May 4, 2001 File: 400-35-2; 353-60 M. O. "Mike" Bagley Director Induetrial Development & l)eal Estate Mr. Antonio F. Tomei Capital Projects Manager City of Aventura 2999 N. E. 191 Street Aventura, FL 33180 Dear Mr. Tomei: The City by venture of a beautification agreement with the Railway dated Aril 1, 1997 has installed landscaping on the leased premises. Please be advised that the Florida East Coast Railway was not aware at the time the landscaping was installed that it obstructed legally permitted outdoor advertising signs. The owner of the signs has requested that we intercede since the offending landscaping is located on our property. We have been made aware of the contents of paragraph 1.7 of the March 8, 2000 Joint Project agreement between the State of Florida Department of Transportation and the City which states: "The City shall not allow landscaping to obstruct roadside signs or permitted outdoor advertising signs." It was not our intent by entering into the beautification agreement with the City to create a hardship on our adjoining neighbors or their tenants. In this regard, we would appreciate your adjustment of the landscaping to allow the permitted outdoor advertising signs unobstructed view from the roadway. Sincerely, M. O. B~r Industrial Development & Real Estate MOB/kp cc: Sergio Anchia Eller Media Ph: (~f14) RPfi-P2fig * Fnx' /rtl)d) City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager Mr. M.O. Bagley, Director Industrial Development and Real Estate Florida East Coast Railway P.O. Box 1048 St. Augustine, FL 32085 May 22, 2001 RE: SRS-Biscayne V & VI Landscape Improvements Dear Mr. Bagley: This is response to your letter of May 4, 2001, concerning landscaping installed by the City of Aventura pursuant to a Beautification Agreement with the Railway. Please be advised that the referenced existing City/State Joint Project Agreement pertains to a different portion of Biscayne Boulevard, which is not the portion of Biscayne Boulevard near which the subject signage and landscaping is located. Moreover, the City Attorney has advised us that the provisions of Section 479.106, F.S., concerning vegetation management related to signage, may not be applicable to the Railway's property, and instead may only apply to the public right-of-way. However, pursuant to your letter, the City is studying the issue and will keep you advised of our progress in resolving this matter. Sincerely, Antonio F. Tomei Capital Projects Manager cc: Eric M. Soroka, City Manager David M. Wolpin, esq., City Attorney PHONE: 305'466-8910 · F~: 305-466,8919 CLEARCHANNEL OUTDOOR July 26,2001 Mr. Antonio F. Tomei Capital Projects Manager City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Dear Mr. Tomei: It was a pleasure meeting with you and Mr. Sherman regarding the landscape adjustment requested by the Florida East Coast Railway in their letter dated May 4, 2001; file number 400-35-2; 353-60. As promised, enclosed is a survey showing the trees and hedges that are obstructing the outdoor advertising sign. Please let me know if I can be of any further assistance. Real Estate Representative CiTY Of AVENTURA GOVERNMENT CENTER 2999 N.E. 191ST STREET SUITE 500 AVEnTURa, FLORIDA 33180 OFFICE OF THE CITY MANAGER March 20, 1997 M.O. Bagley, Manager Industrial Development and Real Estate Florida East Coast Railway Company P.O. Drawer 1048 One Malaga Street St. Augustine, Florida 32804 Re: Lease of Space for Beautification Dear Mr. Bagley: Attached hereto, please find two fully executed lease agreements to lease a portion of the railway's right-of-way for beautification purposes. Also enclosed is a check in the amount of $4,000.00 for the annual rental. Please return one fully executed agreement to my office. I would like to take this opportunity to thank you for your assistance and cooperation in this matter. Eric M. Sl~roka / City Manager / EMS/aca ',,-/ Enclosure cc: Teresa M. smith, City Clerk CMO294-96 PHONE: 305-466-8910 · FAX: 305-466-8939 RESOLUTION NO. 97-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED LEASE AGREEMENT FOR PROPERTY TO BE USED AS A LANDSCAPE BUFFER AND BEAUTIFICATION BY AND BETWEEN THE CITY OF AVENTURA AND FLORIDA EAST COAST RAILWAY COMPANY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into the Lease Agreement for property to be used as a landscape buffer and beautification, by and between the City of Aventura and Florida East Coast Railway Company, attached hereto and incorporated herein as specifically as if set forth at length hereat. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Rogers-Libert, who moved its adoption. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: Resolution No. 97-25 Page 2 Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert 7es Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 18th day of March, 1997. IMAYOR A3-1'EST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: C-TIW~A'F]'O RILEY ~,~ X EMS/tins DO NOT REMOVE FROM AGREEMENT INSTRUCTIONS Kindly have the appropriate authority sign ALL copies of the agreement on Page 9 , where indicated by check marks. Execution on behalf of the City/County should be accomplished by the authorized authority of the City or County. City Manager / County Clerk should attest the agreement and indicate date of execution. Have two (2) separate persons witness the signatures to the let thereof, AFFIXING THE CITY/COUNTY SEAL. Please verify the name and address on Page 1, making any necessary corrections, however, DO NOT alter or add to the provisions of this document. If, for any reason, you cannot execute same in its present form, kindly return to the undersigned with your comments in writing. 4. DO NOT INSERT EFFECTIVE DATE OF AGREEMENT ON PAGE 1. Return ALL copies of the agreement to this office together with Resolution adopted by City/County, authorizing execution and acceptance of agreement. When completed, one fully executed copy of the agreement will be returned to you for your files upon completion of execution. Failure to execute the agreement exactly as indicated above will result in rejection by our Law Department and require resubmission for proper execution. File: 353-60 THIS LEASE, is effective this day of A.D. 19 ., by and between FLORIDA EAST COAST RAILWAY COM]PANY, hereinafter called "Railway" and CITY OF AVENTURA, a Municipal Corporation of the State of Florida, whose address is Government Center, 2999 N.E. 191st Street, Suite 500, Aventura, Florida 33180, hereinafter called "Lessee", WITNESSETH: That in consideration of the covenants herein contained to be kept and performed, Railway does hereby lease to said Lessee the following described property: That portion of Railway's right of way lying a minimum of 25 feet east of Railway's easterly most track between the south line of N.E. 203rd Street (MP 352 + 372'±) and the northerly end of Railway's bridge for the Oleta River (M? 353 + 4236'±). All as shown on Railway's Drawing C-160, dated 12/29/96, Sheets 1 and 2,, attached hereto and made a part hereofi File: 353-60 Page 1 TO HAVE AND TO ItOLD the hereby leased property: For the term of one (1) year from the effective date hereof subject to renewal as provided in paragraph D hereof, or until terminated as hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $4,000.00, plus Florida Sales and Use Tax if applicable, payable in cash upon the execution and delivery of this lease, and if renewed, the same amount in cash in advance for each and every year thereafter until terminated. All rentals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAILWAY COVENANT AS FOLLOWS: A. In the event of termination of this lease by Railway before the expiration of the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entire understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of one or more years, then 30 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. If this lease is for any term less than one year, then 10 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party; PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placing such notice in the United States mail with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property after the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered as renewed for one (1) year, subject to the same terms and conditions as herein contained in this lease. That Lessee shall have no expectation of renewal and that the term of this lease is only Page 2 for the time spec'ffled herein, subject always to the termination provisions and regardless of the length of time that Lessee has occupied-the leased property, or the construction by Lessee of any buildings, structures, works, paving, barricades or personal property placed thereon. E. That if any provision or provisions of this lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: Beautification AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS: 1. To keep the leased property and any buildings or other structure, now or hereafter erected thereon, in good condition and repair at Lessee's own expense during the existence of this lease, and to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway shall have no duty to inspect or maintain any of the leased property, buildings, or other structures, if any, during the term of this lease. 2. To vacate, quit and deliver up the leased property on or before any termination date of this lease in as good condition as it is now. 3. Not to erect or cause to be erected any building or other structure, or any addition to existing buildings or structures on the leased property without first obtaining the approval in writing by Railway of the location, material and construction of the same. 4. Not to sublet the leased property or any part thereof, nor assign this lease, without the consent in writing of Railway, this lease being executed by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. 5. Not to take any action or allow any action to be taken by third parties which will interfere with or disparage Railway's title to the leased property. 6. Not to permit the use of the leased property in any manner that will obstruct or interfere with the operation of the Railway, or use of its property. 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased property or premises, or any use disapproved by Railway. Page 3 8. To the extent allo'~ed by law, and subject to the limitations of Florida State Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and officers of Railway and of Lessee, directly or indirectly arising out of or on account of the leasing to or use of the property by Lessee; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants, or otherwise. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Lessee's buildings, structures, works and any personal property whatsoever of Lessee, situated, placed, kept or stored on, in or near the property or premises hereby leased, as well as on account of loss or damage to any personal property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or on account of the leasing to or use by Lessee of the property hereby leased; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants or otherwise. 10. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising from Lessee's presence upon or use of the leased premises which causes the premises to become contaminated by toxic or hazardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal laws and regulations. Railway shall have the right, at reasonable times during the term of this Lease, upon prior notice to Lessee and accompanied by a representative of Lessee (except in cases of emergency) to enter the leased property, including any building or structure that may at any time be on the leased property, for the purpose of examining and inspecting the condition of the leased property and to ensure Lessee's compliance with the terms and conditions of this Lease. 11. To be responsible for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail material, cross-ties, equipment, tools, machinery, freight or other property whatsoever, either owned or in possession of Railway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee. 12. To perform, at the sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. Page 4 13. To pay, within thirty (30) days after presentation unto Lessee by Railway of bills for the same, all special assessments,,ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of America, State of Florida, any county, municipality or special taxing district organized and existing under the laws of the State of Florida, upon any of the property or premises herein leased. All taxes and special assessments, payable on an annual basis, are to be pro- rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be terminated. 14. To pay in the same manner as provided in Paragraph 13 hereof, the amount of any necessary documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Florida, or both. 15. To pay, either directly or upon bills presented unto Lessee by Railway within thirty (30) days after presentation of the same, all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemnify, save and hold harmless Railway from any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any governmental agency whatsoever, for building or otherwise, required for the use of the premises hereinabove described or for the construction of any facilities upon such premises. 17. That it shall not permit others to use the whole or any part of the leased property or premises, except under and in compliance with the terms and conditions of this lease, and Lessee shall hold Railway harmless as to any such use. 18. That none of the provisions of Paragraph "A" hereof shall be construed as any waiver by Railway of any landlord's lien or liens of Railway upon any personal property, buildings or structures of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove any such structures, buildings or personal property from the hereinabove described premises, unless and until all rentals and any other sum of money herein specified to be paid the Railway shall have been fully paid unto Railway. 19. That Lessee shall remove any buildings, structures, works or personal property upon the leased property or premises, including any such items placed upon the leased property or premises subsequent to the date of this lease on or before any termination date of this lease, upon request from the Railway to do so, and in default thereof, such property shall become the property of the Railway. PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from the hereby Page 5 leased property or premises and/or storage thereof, and storage of any of Lessee's property and property of others, placed by or with Lessee's permission or sufferance on the hereby leased property or premises. The reasonable cost or expense of removal and/or storage of any buildings, structures, works or personal property shall be paid by Lessee unto Railway forthwith upon demand for same. 20. That is waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in this agreement, or adjacent properties owned or leased by it, when any or ail of such properties are taken by eminent domain proceedings or sold under the threat thereof. That this waiver and relinquishment applies whether (1) this lease is in existence on the date of taking or sale; or (2) has been terminated prior thereto. 21. That it is expressly agreed by and between the parties hereto that any obligations of the Lessee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by Railway shall bear interest at the rate of twelve per cent (12%) per annum compounded annually from the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event Railway shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Lessee will pay to Railway a reasonable attorney's fee on account thereo£ Also in the event of litigation, the parties agree that the laws of the State of Florida will apply. In an action to enforce any of the provisions of this agreement, the parties hereto specifically agree that venue shall lie in St. Johns County, Florida. 22. That its facilities and operations on the herein leased area shall conform to all applicable regulations and ordinances of any governmental agency having jurisdiction thereo£ 23. That, at its expense, it will install and maintain facilities to prevent accumulation of surface water, industrial liquids, solid waste matter and sanitary waste resulting from Lessee's operations within the herein leased area. Such facilities to be approved by the Railway and any other governmental agency having jurisdiction thereo£ 24. Should any portion of the property described in this lease be used for the loading, unloading or storage of hazardous materials, the Lessee shall (1) be solely responsible for ascertaining that local, state and federal laws, ordinances and regulations do not prohibit the loading, unloading or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all of the foregoing laws, ordinances and regulations which affect or regulate the loading, unloading or storage operations of hazardous materials on this leased property. Page 6 25. It is understood between the parties hereto that Railway reserves unto itself, its successors, permittees, licensees, or other persons, the right to construct and maintain other facilities, including but not limited to, pipelines and/or communication cables, over and across the Railway's affected herein leased property, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and shall at all times allow ingress and egress to the herein leased property by said successors, permittees, licensees or other persons. 26. Lessee will do no grading on said leased ground space that will in any manner interfere with the Railway's roadbed or other facilities. 27. Lessee is specifically notified that its personnel may be working in an area containing buried active fiber-optic transmission cables as well as other cables and other facilities. Great care will be taken by the Lessee to ensure that no damage is done to those cables and facilities. However, ifa cable or other facility is damaged or cut, Lessee agrees to indemnify Railway for any monetary damages which may result. 28. Lessee agrees that no plants, shrubbery, trees, or other vegetation that would obstruct the view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of trains, will be placed on the above described property; in addition to the above restriction, no plants, shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed within two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation exceeds two (2) feet in height, the Railway may trim such vegetation to a two (2) foot height at Lessee's expense; that said plants, shrubbery, trees or other vegetation shall be trimmed by the Lessee so as to maintain this distance from the centerline of the nearest track of twenty-five (25) feet and if such vegetation is closer than twenty-five (25) feet from the centerline of the nearest track, the Railway may trim or remove such vegetation so that no vegetation is within twenty-five (25) feet of the centerline of the nearest track at Lessee's expense~ However, this restriction in no way limits the indemnification provisions of this Lease as set forth in Paragraphs 8 and 9 hereof Also, no plants, shrubbery, trees or other vegetation ora hazardous nature that might produce injury to any person coming in contact with said plants, shrubbery, trees or other vegetation will be placed upon said property of Railway by the Lessee. The placement of any wells by the Lessee on the property of the Railway is strictly prohibited. 29. Lessee recognizes ownership of said property by the Railway and Lessee has no intention of setting up any claim of ownership to the herein leased properties. 30. Lessee shall, at its sole cost and expense, install, maintain, and/or replace such barricades and bumping blocks, as required by the Railway, to prevent automobiles from being parked or rolling beyond the space hereby leased. In the event Lessee does not maintain, and/or replace said barricades or bumping blocks to prevent automobiles from being parked or rolling beyond the space hereby leased within thirty (30) days after notification by Railway, then, in that event, this lease agreement shall be canceled and Lessee shall immediately vacate the property. Page 7 31. The property hereinabove described is subject to that certain Blanket License Agreement by and between Railway and AK Media Group, Inc~ d/b/a AK Media~Florida dated January 1, 1991, covering signboards located on the leased property. Lessee is advised that AK Media Group, Inc. d/b/a AK Media/Florida's right of access to the signboards is superior to that of Lessee and, further, that Lessee shall immediately move or relocate any facilities which it may have in the vicinity of the signboards at the request of, and at no cost to AK Media Group, Inc. d/b/a AK Media?Florida, such costs to be borne solely by Lessee. 32. To the extent allowed by law, and subject to the limitations of Florida State Statute 768.28, to indemnify, save and hold harmless Railway from any loss, claim or damage to plants, shrubbery, trees or other shrubbery or other vegetation arising from Railway's use of herbicides in Railway's weed control program. 33. Lessee represents that it has acquired all leasehold interests of prior Lessee, Turnberry Associates, under Lease Agreement dated August 1, 1990, between Railway and said prior Lessee covering a portion of the hereinabove described property. Said prior Lease Agreement is cancelled and superseded by this document. Page 8 IN WITNESS WI~EREOF, the parties hereto have caused these presents to be duly executed under the seal. Signed, sealed and delivered in the presence of: FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation Witnesses as to Kailway By: (SEAL) C. F. Zellers, Jr., President Att e st: Mary C. Mueller, Assistant Secretary Date of Execution: Witness as to Lessee Witness as to Lessee CITY OF AVENTURA Eric M. Soroka, ~ity?anager ~(PdntNam¢~ric M. Soroka T6resa lq. Sm±th, C±ty Clerk ./{lh'intName)Teresa M. Smith /DateofExecution: ~-)(O. Afl_~.. / ¢.,/¢~7 Approved as to Form:~ Page 9 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, ICM~-(~M~ City Manager Joanne Carr, AICI~.t~ Planning Director October 30, 2002 Request of Clear Channel Outdoor, Inc. for Variance from Section 31- 193(e)(1) of the City's Land Development Regulations to allow modification to a commercial advertising sign located on the east side of the Florida East Coast Railway tracks south of Ives Dairy Road, Aventura (01 -VAR-03) November 12, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request for variance to allow the existing commercial advertising sign to be modified and elevated to a height of 65 feet measured from the bottom of the base of the support structure to the top of the sign face. THE REQUEST The applicant, Clear Channel Outdoor, Inc. is requesting a variance from Section 31- 193(e)(1) of the City's Land Development Regulations to allow modification and alteration of an existing commercial advertising sign, where the City Code provides that no legally non-conforming commercial advertising sign may be moved, altered or replaced. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Florida East Coast Railway Company APPLICANT Clear Channel Outdoor, Inc. ADDRESS OF PROPERTY east side of FEC tracks, south of Ives Dairy Road (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) LEGAL DESCRIPTION Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Portion of land lying in Section 35, Township 51 South, Range 42 East, Miami-Dade County, Florida U Utilities District U Utilities District U Utilities District B2 Community Business District; and RMF3 Multi-Family Medium Density Residential District RU3M Minimum Apartment House District BU-1 Neighborhood Business District (Miami-Dade County zoning districts) Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: FEC Railway Tracks and Landscaped Buffer FEC Railway Tracks and Landscaped Buffer FEC Railway Tracks and Landscaped Buffer Vacant Land and 3-story residential condominium building Commercial and residential uses under County jurisdiction Future Land Use-According to the City of Aventura Comprehensive following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Property to the West: Plan, the Business and Office and Medium-High Density Residential Low Medium Density Residential (Miami-Dade County land use designation) The Site - The site is located on the west side of the grade separation of Biscayne Boulevard at ives Dairy Road. The commercial advertising sign is located on the east side of the railway tracks south of Ives Dairy Road. The Project - The applicant entered into an agreement with the City Commission on September 3, 2000. This agreement provides that the applicant may request variance approval to raise the height of the existing billboard within 30 days of the date of the agreement. Application for variance was received within the thirty day period, namely, on October 2, 2002. The agreement specific~,lly provided that the applicant may request that the existing billboard be modified and elevated up to a height of sixty-five (65') feet as measured from the bottom of the base of the support structure to the top of the billboard face, as depicted in Exhibit "B" to the agreement and attached as Exhibit fl-4 to this memorandum, so as to be visible to motorists on the Biscayne Boulevard grade separation. The agreement further provided that in the event the variance request is approved by the City Commission, the applicant will: 1. Demolish and completely remove within 30 days after issuance of permits, the existing commercial advertising signs shown on Exhibits "C" and "D" to the agreement and attached as Exhibits #5 and #6 to this memorandum. 2. Advise the Florida East Coast Railway, within 10 days of variance approval, that it has no objection to any visual obstruction of the signs shown in Exhibit "E" to the agreement and attached as Exhibit #7 to this memorandum. 3. Agree not to replace the billboards removed under Condition #1 above, nor allow any further billboard installation in the City of Aventura. ANALYSIS Consistency with Comprehensive Master Plan. The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments . The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The application received from Clear Channel Outdoor complies with the agreement made between the applicant and the City of Aventura on September 3, 2000. The plans submitted show that the existing billboard is to be replaced with a new V-shaped sign with a north and south face that measures 65 feet from the bottom of the base of the support structure to the top of the sign face. A landscaped area measuring 160 square feet is to be installed at the base of the sign to comply with the City's landscaping code. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by construction of the elevated grade separation on Biscayne Boulevard at Ives Dairy Road. The applicant advises, in its Letter of Intent attached as Exhibit #1, that the existing sign is not visible from the elevated ramp and is therefore no longer useful in its existing condition. (2) The conditions upon which the request for a variance is based are unique to the parcel and would net be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The elevated grade separation on Biscayne Boulevard has created the need for the variance. (4) The granting of the variance will not be detrimental to the public we/fare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The sign is located within the railway right of way in accordance with an agreement with Florida East Coast Railway Company. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. It is recommended that the request be granted subject to the following conditions: CONDITIONS 1. Plans shall substantially comply with those submitted as follows: Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 10/30/02, signed and sealed. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. The applicant agrees to fulfill all of its obligations defined in Section II of the agreement made between Clear Channel Outdoor Inc. and the City of Aventura dated September 3, 2002. These obligations include, but are not limited to, the following: ii. iii. The applicant will demolish and completely remove, within 30 days of issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits #5 and #6 to this memorandum, prior to modification of Billboard No. 2 depicted on Exhibit #4 to this memorandum. The applicant will advise Florida East Coast Railway Company, within 10 days of the date of the resolution, that it has no objection to the obstruction, if any, of visibility of certain billboards which are situated upon the ground or upon buildings or structures located on or near the FEC right of way in the vicinity of Biscayne Boulevard and NE 187 Street. No replacement of Billboards No. 1 and No. 6 will be installed. No further billboards will be installed at any location in the City of Aventura. CLEARCHANNEL OUTDOOR October 1, 2002 City ofAventura Community DevelopmentDepartment 1920West Country ClubDfive Aven~a, FL 33180 Letter of Intent regarding Public Hearing Application for Variance - Clear Channel Outdoor, Inc. ("Applicant") Ladies/Gan fl amen: The Applicant, Clear Channel Outdoor, Inc., a Florida corporation, applies for a variance C'Vadance") from the provisions of the City of Aventura Code Section 31- 193(e)(1), as authorized by Section 31-76 of the City Code, for the purposes of enabling Billboard No. 2, as depicted on Exhibit "A" attached hereto and incorporated herein ("Billboard"), presently situated below the Biscayne Boulewrd flyover, to be modified and elevated to a height up to sixty-five (65') feet (as measured fxom the bottom of the base of the support structure of the Billboard to the top of the Billboard face), as depicted in the computer generated rendition, which is attached hereto and incorporated herein as Exhibit "B', so as to be visible to motorists from the Biscayne Boulevard flyover ("Flyover"). The Billboard, as originally situated, was a legal non-conforming use and was unobstrucflonally visible to motorists from US1 and N.E. 203rd Street. However, because of the construction of the Flyover, the Applicant's use and benefit of the Billboard haz been totally disrupted and rendered, in effect, useless inasmuch as the Billboard has been blocked by the construction of the Flyover, which has diverted attention away from the Billboard. The fact that a perfectly useful Billboard has been rendered use[ess in and of itself defines a "hards~p." The Applicant's inability t~ use the Billboard for informational purposes has created a hardship on the Appliomxt which is unique to it in that no other similar property in the area has been rendered virtually useless by the construction of the Flyover. The ClearChannel Outdoor EXHIBIT #1 01-VAR-03 CLEARCHANNEL OUTDOOR City of Aventura October 1,2002 Page 2 Billboard when originally created was not deemed prejudicial to the public welfare or to the ~raffic flow on the public thoroughfares or to the public safety or to the property values in the area. The mere raising of the Billboard on substantially the same footprint to render it suitable agaiu as a billboard would hardly alter the original apprevals and permits for the Billboard. The failure to grant the requested variance would work a hardship on thc Applicant by rendering its present use as a Billboerd valueless resulting, in effect, in the outright condemnation of the Billboard. This is not the intended effect of the City's Code m create such a hardship, therefore, we request that the City Commission approve the Variance. Very truly yours, Clcar Channel Outdoor, Inc. 592" 6250 Station · .... Aventura Mall MIAMI GARDENS DR. 192 ST. 191 ST. Loehmann's , of Aventura /ernment Gel ~ ,~ 192 ST. ~,os~ ~'~ . ,,,,n~ .~ ~ S-~. : '' I. ~; ~lli~ Maule Lake · · ~ \ Roadways ~ ...... City Boundary [ ZIP Code Boundary = '-"1 ........... Railroad 01-VAR-03 EXHIBIT #3 nl-\/~ I~-n~ OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 Aventura Flyover North Face Sign to be elevated EXHIBIT #4 01-VAR-03 OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 Aventura Flyover South Face Sign to be elevated EXHIBIT #4 01-VAR-03 ,~ CLEARCHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 7'/~ Court, Miami, Florida :33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 #1 #1 US HWY 1EL 40F NE 203 St. Sign to be removed EXHIBIT #5 01-VAR-03 ,,~ CLEARCHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 #6 # 6 Biscayne BD WL 25F S/O NW 192 St. Sign to be removed EXHIBIT #6 01-VAR-03 EXHIBIT #7 01-VAR-03 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, Ibis Applicant Rep~esentatk, e Nf~:Javit Ls hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, end the owner of the property subject to the application (it different) hereby lists and identifies all parsons representing the individual or entity applying for the Development Permit in connection with the application, es follows: ~me John G. Immer Robert Bloomster Jeff Andres Manny Mejido Rela~h~¢e.A~ome~.l~h~ects,~scape .4~ch~cfs, E~hee~Lo~yf.~,E~.) Attorney Surveyor V.P. Real Estate Real Estate Rep (Attach Additional Sheets If Necessary) NOTICE:ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFRDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND TIlE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIUELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPECATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFRDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS C~_ DAYOF ~C~'~ ,2~ AUTHORIZp R EPi/~(E/NTATIV E OF AP PLICANT: OWNER //// / (Signature) (Signature) Na erJ~ Jdc)'hn Jacobs Name: \~./ (Print) (Print) T~tle: President, South Fla. Division T~le: Address: 5800 SW 77 Ct Address: Miami/ Fl 33166 STATE OF FLORIDA ) COUNTY OF MIAMFDADE) Before me the undersigned authority personally appeared ,)~ ~""'~ ~'~ _ _ as the a~hgnzed representattve of the Applicant and/or the owner of the property subject to the application, wt~ being first by me duly.,~v0r..~i.,~'swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. q_-~. ....-~- AFfiAnT / / .. SWO.NTOANDSU CR,.EDBEFOREM this_ ,a:,o, ' L/ ' J O~--~ t(.< ~l~EeO.¥ .I .III.S ~O'tary Public Srtal~/ol F~ef.i/:la At Large . I~ ~D'A('~ o. ~oa.,.=o..~,.e. Printed Name of BUSINESS RELATIONSHIP AFFIDAVIT' 012 This AF!do, vit Is made pumUsnt to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Co~e. The undersigned Nfiant hereby di~,~c~a~ thet: (mark w~q 'x" applicable portions o~ly) i~ '~. AKant does not have a Business Re[ationship w~ any membe[ oi the Cmty Commt.~ston or any C~ Adviso~ Board to which the application will be presented. ))2. Afl'ant hereby discldses that it does have a Business Relationship with s member of the CW Commission or a CH Advisor7 Board to which the application will be pr~semed, as follows: (List name Of Commmsioner or Aclv~sory Board Member) who ser~s an l~e {List City Commission or City Advisory Boi[n~ upon whim member serves). ,_ The nature of the Business Relationship is as follows: (ii. Member of C~ Comm~ or Board holds an ownership interest In exce~ of 1% Of total assets or capital st~ck of Applicant or Representative; Member of City CommiSsion or Beard is a pad, nar, cc-shareholder (as ID s~ares ol a COrl:x)ratJo(1 which are not listed on any national or regional stock exchange) or joint venturer with ~e Applicant or Representer;ye in any business venture; The Appl~ant or Representative is a Client of a member Of the City Comm~ion or Board or a Client of ano~er professional working lmm the same o~ce or for the same employer as the member of the C~ Comm~ion or Beard; [ ] Nm A City Commissioner or Board member is a Client of the A,oplicant or Representative; The AppliCant or Representatk'e is a Customer of the member o( the tit7 Commission or Board (or of h~ or her employer) and ~anaa~t~ more than $10,00~.00 Of the busines-'; of the member ot the CH Commission or Boar~ (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or ~ard is a Customer of the Applier or Representative and transactS more than $25,000.{X) of the business of ~e Appflcant or Reprasent~tiv~ in a given caterw~,r y~r, WITNESS MY HAND THIS r~~-~'~ DAY OF ~ ,200~. PROPERTY OWNER: By: .(Signature) N~me; .(PfinO 'r~,le: (P#nO terms 'Business Relationship,' 'Client,' "Customer,' "Applicant," 'Representative' and "Inter, smd Person" are defined in S~ction £.3~5 of the Aventura City Code. iTNI:SSMYHAN 'I'HI8 OAYOF October REPRES/~JT_ATIV~,.(L~ Business Relit~nship Nfk~avft) Nar~e://~6hn 9' Immer Attorney (Print) ULNAR CHANNEL By: (Signature Name: (Prin~) .-[Signature) ay: (Signature (Print) Name: .... ~0 T~e: (Print) Title: (Print) Name: .(Print) Name: (Print) Wde: (Print) T~le: ..(Print) Bf (Signature) By: (Signature Name: (Print Name; .._(Print) T~tle: (print) T~tleL (P,'fnt) By:._ (Signature) By: (Signature ~'., .. ~ . .(Print) Name: _(Print) T~le: (Print) r~Je: .(Print) ~)% ,(Signature) By; (Signaturo ,'~, ~ (Print) Name: .(PAt) ]~![~ (Print) Title: _(Pdnt) 014 NOTE: 1) Use duplicate ehee~ If disclosure Information for Representative varieS 2) Applicants and Afllant~ are advised m timely aupplement this Affidavit pursuant t~ Sec, 31-71(b)(2XIv) of the CIty'a Land Development RegulaUone in the City Code, In the event that prior tO C~ns~eratlon of the application by the City Board or Commission, the Inf-,rmatlon provided In the Affidavit become~ I~cerrect or Incomplete, ~t" 1~:46 FAX 3057143480 CLEAR CHANNEL ~013 SWORN TO Ai~ SU B.S~aJ'~ E:D ~bm r,~ ~ __ '~Y ot No~/Pub~: State s"r&TE OF FLO~IO& ) COUNTY OF ~ e~ecu~l · e Nf~,nt, W~ be~ r~ by r~ Cu~y ~, did ~ ,~ ~V,qRN TO AHD 8UBSC~BE'D ~e~ me ~ ~ '~¥ o~ C.T,.Jt,'TY O~ UIA~-OA~E} ~he A~nL wha Ix,~ ~st ~ r~e d~ ~wxn, d~ ~ o~ ~ff~ ~hat 8Y'~OP~ TO/~0 ,SUB.qOP~ItED ~e~xe me ~1~ __ "~y ol 10 ~0,2/02 B'ED 1Z:35 FAX 3057143480 CLEAR C~ANNEL ~ 002 BUSINESg RELATIONSHIP AFFIDAVIT* This Alt'~v~ is made pursuant to Seclio~ 31-71{b)(2)(~ o! me City ol Aventura [.~nd Dev~legment ,,~de, '~e uaderS~gned Nfent hereby discto.,~s ~hat: (mark wi~ 'x' ap~lica~e poniona o~ly) Nliant does have a Business Relalkeshtp with member of the City C,m'mission or any City Adv~q, no.~t arty Board to which Ihe application will be presented, {]2. AJfi~nt hereby d'~ses that it does have a Business Retalion~hip with a membe' of the City Commission or a City Advisoqf [kan:l to which the e,o~rcat~on will be i~'esented, as follows: sen/es), (List name et Commissioner or AdV~ Board Member) who serves ~ the (List City Commisslo~ or City Advisor/ Boan:l ~ which member The nature of tt~ Business Relationship is as follows: [)i. Member el City Commissio~ or Board holds an ovmemhlp i~terast in excess of 1% o! total assms or capital stod~ el Applicant or Representative; [Iii. Member of C~ Commission or Board is a partner, c~*sharehotder (as to sha~es of a co~x~ratio~ which are not listed on any national or regional stock exchange) or joint venturer w~h t~e Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member el the City Co'nmisslon or Board or a C[~ent of another professional woddng fmrn the same office or for the same empleyer as the member et the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of Ihe Applicant or R apresenlative; [Iv. The Applicant or Representative is a Customer of the member of 6ue C,i['y Commission or Board (or of his or her employer) ar~ ttar,,sacts mere Ihan $10,000.00 of the business el the member of the City Commission or Board (or his er her employer) In a given calendar y~r, []vt. The member of the City Commiss~q or BO~ is e Customer of ~e Appncant or Representative and Iransacts more than $25,0~0.00 el the business of me ~pli~nt ,~' Representative in a given calendar year. wrm ss o*rH,s D^v Oc.% cf (Signature) (~nO . , WITNESS MY HAND]HIS PROPER'Pt' OWNER: // (sig ,ure) 'The terms 'Business Relationship.' 'Client," *Customer,' "Applicant," "Representative" and 'lnt,~ested Pe~en" are de~ned/n Section 2-395 of the Avetttura City Code. Name; M. 0. BaRleY (Prinl) Nar~e: i i Td~: D~:ectqr, TD&~L~ I/~U Name:Rob, eFt B]oomsCefPJ~t~. Tfde: Land Surveyor . JPr~f) By:. (Sfgr, amre) By:. Name: (P~tJ N~e: T~a; (P~nt) ~[le:. N~e: ~ ~me: NOTE: 1) Use duplicate sheet~ If disclosure information let Representative varies RECEZVED TZME OCT.P_~, 10:45RM 10/0~/02 WED 12:35 FAX 305714~450 CLEAR STATE O~ R. ORIDA ) COLI~TY OF me, ~e under*~a~-.d auto.y, per~ona~ a~eamd te/d~ emceed ~ A~av~ k~ ~ pu~o~s I;~,ted ~e(e~ a~i ~at R k ~e e~ ~ AFFLANT ~rATE OF I~O~DA ) COUhq*Y CF SWO~N TO/~0 SUBSCRIBED bekx*e mo d~ts ~ day o[ Hotarf Put~ Stab o( F'kx'~a AZ La~e BUSINESS RELATIONSHIP AFFIDAVIT* This Aff~avit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Al(ant hereby discloses that: (mark with "x' applicable portions only) Afl'ant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, es follows: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member The nature of the Business Relationship is as follows: iii. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; []v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given (Signature) (Print) (P~nt) ,200/. calendar year. WITNESS MY HAND THIS By: WITNESS MY HAND THIS __DAYOF PROPERTY OWNER: By:. .(Signature) Name: (Print) Title: (PdnO *The terms "Business Relationship," "cfient," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2.395 of the Aventura City Code. F~--'~ WITNESS MY HAND THIS ~o ,~Y .__..~_ DAY OF T~Ie: o tPrint) TIle: By: (Signature) By:. Name:. (Pdnt) Name: T~e:. .(Print) Title: (Signature .(Print) (Print) (Signature (Prin~ (PrinO By:. (Signature) · By:. (Signature Name:. ,(Print) Name: (Print) Title:. .(Print) Title: .(Print) By:. ,(Signature) By: (Signature Name: .(Print) Name: ,(Print) Trtle: (Print) Title: .(Print) By:. .(Signature) By: (Signature Name: .(Print) Name: .(Print) Title: (Print) Title: (Print) By. (Signature) By: (Signature Name:. (Print) Name: .(Print) Ttfle: .(Print) Title:. (Print) NOTE: 1) Use duplicate sheets If disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pumuant to Sec. 31-71(b)(2Xiv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes Incorrect or incomplete. NOTARIZATION PROVISION ~ Sl'A~ O~= ~ ) . I , I MYC~N~P'NOV'13~J My~e~es: II '1% STATE O~= R. ORIDA ) .C(XJNTY OF MLA~I{~.~dDE) SWORN TO AND SUBSCRIBED be~'e me I~is d~y o! the/~t'ant, t~ho berg ~t by ~e du¥ sworn, dk~ swear ~r e. ff~,'m ff~lt Notar/Public State o{ FIo~da At La~ge P~nted Name o! Nora'/ My commis.si~ ex~kes: STATE OF FLORIDA ) COUNTY OF MtAMFDADE) Belo~e me, Ihe u~ers~ned s~hodt./, pemonally apl~eared heJs~e executed ~is/Lffida~ (or the punposes stated Iherein and Ihat it is t~e and cocrect. SWORN TO AND SUBSCR{BED before me ~his d~y o~ the Affiant, who being first by me duly sv,~-n, d~ swear o~ affirm ~at AFFIANT Nota~/pubic State ~ F'io~ At L,e~ge P~nted Name ~ No{~/ STATE OF FLORIDA ) COUNTY OF MtAMFOADE') Before me, I~e unde~igned aut~3rity, permeatt,/apgeared he/she executed this Nfida~ k~ t~e puq~oses stated ~erein and that it is tree a~ ~ SWORN TO AND SUBSCRIBED bek~'e me this d~y o{ Not~ Pub~ State ol FIodd~ At Lsrge Pr~ k~m el No.fy My com~ssk~ expires: RESOLUTION NO. 2002- 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'S LAND DEVELOPMENT REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD, CITY OF AVENTURA; 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. 01-VAR-03, is requesting a variance from Section 31-193(e)(1) of the City's Land Development Regulations to allow the existing commercial advertising sign to be modified and elevated, 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) of the City's Land Development Regulations to allow an existing commercial advertising sign to be modified and elevated to a height of 65 feet measured from the bottom of the base of the support structure to the top of the sign face, where the City Code provides that no legally non-conforming commercial advertising sign may be moved, altered or replaced, on property legally described as follows: A portion of Section 35, Township 51 South, Range 42 East, Miami-Dade County, Florida, being a portion of the lands owned by the Florida East Coast Railway Company lying west of Biscayne Boulevard and south of Ives Dairy Road, City of Aventura and more particularly described in Exhibit "A" to this Resolution is hereby granted to the applicant, subject to the following conditions: Resolution No. 2002- Page Z 1) Plans shall substantially comply with those submitted as follows: Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by BIoomster Professional Land Surveyors Inc., dated 4/12/02, revised 10/30/02, signed and sealed. 2) Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3) The applicant agrees to fulfill all of its obligations defined in Section II of the agreement made between Clear Channel Outdoor Inc. and the City of Aventura dated September 3, 2002. These obligations include, but are not limited to, the following: i. The applicant will demolish and completely remove, within 30 days of issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C" respectively to this Resolution, prior to modification of Billboard No. 2 depicted on Exhibit "D" to this Resolution. ii. The applicant will advise Florida East Coast Railway Company, within 10 days of the date of this Resolution, that it has no objection to the obstruction, if any, of visibility of certain billboards which are situated upon the ground or upon buildings or structures located on or near the FEC right of way in the vicinity of Biscayne Boulevard and NE 187 Street. iii. No replacement of Billboards No. 1 and No. 6 will be installed. iv. No further billboards will be installed at any location in the City of Aventura. 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner ., and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Pedow Resolution No. 2002- Page 3 PASSED AND ADOPTED this 12th day of November, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,2002. CITY CLERK Resolution No. 2002- Page 4 EXHIBIT A TO RESOLUTION NO. 2002-__ LEGAL DESCRIPTION OF LAND 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 ¼ 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 for the point of beginning, Thence N 02 degrees W, 1640.18 feet southeasterly ad 311.84 feet, thence S 02 degrees E 200 feet southeasterly ad 313.20 feet, thence S 02 degrees E, 400 feet southeasterly ad 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly Miami-Dade County, Florida ~,.~ CLEARCHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77t~ Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 #1 #1 US HWY 1EL 40F NE 203 St. EXHIBIT B Clear Channel Outdoor South Florida Division 5800 NW 77~ Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 ~,~ CLEARCHANNEL OUTDOOR #6 # 6 Biscayne BD WL 25F S/O NW 192 St. EXHIBIT C ~,,~ CLEARCHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 Aventura Flyover North Face EXHIBIT D40 ~ CLEARCHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 Aventura Flyover South Face EXHIBIT CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~ November 15, 2002 Wall Signs on Office Buildings November Workshop Item Recommendation It is staff's opinion that the current City Code provision that measurement is based on lineal feet of frontage of the building at 1 square foot per 1 lineal foot for buildings seven stories and under and 1.5 square feet per 1 lineal foot for buildings eight stories and higher provides the proper sign proportion as it relates to the building size and fulfills the intent of the sign code to provide direction and identification while preserving the unique aesthetic character of the City. Back.qround As requested by City Commission at its meeting of October 1,2002, the following information is provided regarding office building wall signage. Wall signs on office buildings are regulated by Section 31-191(g)(2) b. and c. of the City's Land Development Regulations. This section provides that: 1. For office and hotel buildings with signs located one to seven stories high, one reverse or channel letter sign is permitted measuring one square foot for each one lineal foot of building frontage. Corner or through locations may have one additional sign limited to 50% of the square footage of the primary sign, but not on the same elevation and not facing a residentially zoned property located within 300 feet of the elevation. 2. For office and hotel buildings with signs located eight stories high and above, two wall signs are allowed measuring 1.5 square feet for each 1 lineal foot of building frontage, with the same restriction as above. 2 I have attached the research precedent to the passage of Ordinance No. 2000-11 on May 2, 2000 that permitted signs on office and hotel buildings. The memorandum dated January 14, 2000 details sign codes in neighboring jurisdictions of North Miami Beach, Miami-Dade County, North Miami, Hallandale, Fort Lauderdale, Boca Raton, Miami and Coral Gables. Four of these municipalities surveyed base the size of sign on lineal feet of frontage and three base the size of sign on a percentage of the wall area. The January, 2000 memorandum was superceded by the attached memorandum dated February 22, 2000. Staff's original recommendation was amended due to a detailed review of all existing office building signage which showed that 15 of the 24 office buildings in the City with signage would comply with the amended proposal. Subsequent to the passage of the ordinance, the following is the status of signs listed in the February 22, 2000 memorandum: 1. The "Mount Sinai North" offices in the Concord Plaza were closed and replaced with a dental office which has one sign on the south elevation. 2. The "Mount Sinai Aventura" office on Aventura Boulevard registered its signs in accordance with Ordinance No. 2000-18 which allowed non-complying signs to remain until June 7, 2003. 3. The "Aventura Medical Center" office on Aventura Boulevard was closed and the sign was removed. 4. The "Professional Building" office sign on Biscayne Boulevard remains the same. 5. The "Washington Mutual" sign on Biscayne Boulevard is to be demolished shortly with a new sign on the separate bank building now under construction. 6. Staff is working with the owner of the Jaffe Eye building to bring the signs into compliance. The owner registered the signs in accordance with Ordinance 2000-18 which allowed non-conforming signs to remain until June 7, 2003. 7. The Waterways Office building on NE 207 Street erected one wall sign for its restaurant tenant. 8. Staff is working with the tenant of the "Dental Care Group" building to bring the signs into compliance. Two signs have been removed. Three wall signs remain where two are permitted by code. 9. The "Linda Marx Realty" signs comply with code. No change has been made. 10. The "Orthopedic Care Center" sign on NE 209 Street has been removed and is to be replaced with "Aventura Physician's Building" sign. 3 11. The "Turnberry Bank" signs were also registered under Ordinance 2000-18 and need to be brought into compliance on or before June 7, 2003. 12. The "TotalBank" signs remain and are in compliance. No change has been made. 13 The "SouthTrust Bank" signs remain and are in compliance. No change has been made. 14. The "HSBC" office building has erected one wall sign on its north elevation. 15. The "First Union" office on Aventura Boulevard removed one wall sign and brought the remaining two signs into compliance. These signs are now to be replaced with two "Wacovia" bank signs which comply with code. 16. No sign has been erected on the Aventura Medical Building on Biscayne Boulevard. 17. The "Biscayne Medical Arts Center" sign remains and is in compliance. 18. The "Nations Bank" sign on Biscayne Boulevard have been removed and replaced by "Bank of America" signs which comply with code. 19. The "Courtyard by Marriott" signs remain and were approved by variance. 20. The "Paine Webber" signs remain and are in compliance. 21. The "Republic Security Bank" sign on the Aventura Corporate Center were replaced with two "VVacovia" bank signs, which comply with code. 22. The "Eagle National Bank" sign was removed and replaced with two wall signs at 240 square feet each, which are in compliance with the code. 23. The "City National Bank" sign was approved by variance. 24. The "Washington Mutual" bank signs on Biscayne Boulevard remain and were approved by variance. There has been one new hotel constructed since the date of the memo. The Marriott Residence Inn on West Country Club Drive has erected two complying wall signs. There are four new office buildings under construction. The 11-story Harbour Centre building on NE 29 Avenue is a corner location and under the current code provisions, will be allowed two wall signs, each 1.5 square feet for each 1 lineal foot of building frontage. No sign facing residentially zoned property will be allowed. The 3-story 4 Gateway Center on Miami Gardens Drive extension, the 4-story HealthSouth building on East Dixie Highway and the 1-story Aventura Office Park buildings are also comer locations and under current code provisions, will be allowed one wall sign at 1 square foot per 1 lineal foot of building frontage and one secondary sign at 50% of the size of the primary sign. To illustrate the difference between a wall sign based on City code measurements of lineal foot frontage and on Coral Gables', Miami-Dade County's and Fort Lauderdale's percentage of wall area, the following examples are provided for the 11-story Harbour Centre office building now under construction on NE 29 Avenue, the 4-story First Union building on Aventura Boulevard and a theoretical 20-story office building in the B2 zoning district. Harbour Centre, 18851 NE 29 Avenue 11 stories, 147 feet high, 105 feet of building frontage assume sign at top of building fac,,ade, corner location Aventura Sign Code: 1.5 square feet for 105' = 157.5 square foot sign 2 signs permitted but not on north or east elevations which face residentially zoned property Coral Gables Code: 1% of wall fac,,ade of 15,435 = 154.35 square feet + 1 square foot for 137' to bottom of sign = 137 square for total of 291 square foot sign 4 signs allowed - one on each elevation Miami-Dade Code: 10% of wall area for 15' height = 157.5 square feet + 1.5% for each 1' above 15' to bottom of sign = 157.5 + (.015 x 122') or 1.83 for total sign area of 159.33 square feet 4 signs, 2 of which may be detached Fort Lauderdale: 25% of wall area to 300 square foot maximum .25 x 15,435 = 3858.75 square feet, therefore, maximum sign area is 300 square feet 2 signs allowed - 1 per street frontage First Union Bank, 2925 Aventura Boulevard 3 stories, assume 30 feet high, 110 feet of building frontage assume sign at top of building fac~ade, corner location Aventura Sign Code: 1 square foot for 110 foot frontage for 5 primary sign = 110 square feet 50% of size of primary sign for secondary sign = 55 square feet Coral Gables Code: 1% of wall fac,,ade of 3,300 = 33 square feet + 1 square foot for 25' to bottom of sign = 25 square for total of 58 square foot sign 3 signs allowed for 4 story building Miami-Dade Code: 10% of wall area for 15' height = 165 square feet + 1.5% for each 1' above 15' to bottom of sign = (.015 x 25') or .375 for total sign area of 165.375 square feet 4 signs, 2 of which may be detached Fort Lauderdale: 25% of wall area to 300 square foot maximum .25 x 3,300 = 825 square feet, therefore, maximum sign area is 300 square feet 2 signs allowed - 1 per street frontage Theoretical 20-story (341 height maximum) office building in B-2 zone assume 3 acre site meeting all setback, open space and parking requirements assume building area of 10,000 square feet per floor with 170 feet frontage Aventura Sign Code: 1.5 square foot for 170 foot frontage for total sign area of 255 square feet 2 signs permitted Coral Gables Code: 1% of wall fac~ade of 57,970 = 579.70 square feet + 1 square foot for 321' to bottom of sign = 321 square for total of 900.70 square foot sign 4 signs allowed Miami-Dade Code: 10% of wall area for 15' height = 255 square feet + 1.5% for each 1' above 15' to bottom of sign = (.015 x 321') or 4.815 for total sign area of 259.81 square feet 4 signs, 2 of which may be detached Fort Lauderdale: 25% of wall area to 300 square foot maximum .25 x 57,970 = 14,492.50 square feet, therefore, maximum sign area is 300 square feet 2 signs allowed - 1 per street frontage CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Eric Soroka, City Manager Brenda Kelley, Community Development Director January 14, 2000 Office Building Signs In the City of Aventura The City's current sign code permits the following size of wall signs: 1 wall sign per ground or second floor establishment which has its own frontage and entrance facing a public street. Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50% of the square footage of the primary sign. Maximum size of 1 square foot for each 1 lineal foot of tenant frontage (building frontage) for each sign located within 300 feet of a street on which the building fronts; or 1.5 square foot for each 1 lineal foot of tenant frontage for each sign located more than 300 feet of a street on which the building fronts. Staff has contacted unincorporated Miami-Dade County, the Cities of Miami, North Miami Beach, North Miami, Hallandale, Coral Gables, Fort Lauderdale, and Boca Raton to ascertain their respective office building sign codes. The results follow. Office Si.qna.qe Allowed in Nei.qhborin.q Jurisdictions Jurisdiction Office Signage Regulations North Miami Beach · Number: One wall sign for each building or store front on a zoned lot. On corner lots the owner may elect to have two wall signs provided that the total sign area of the two wall signs shall not exceed the total area permitted for one such sign. · Size: The maximum area of such sign shall be in accordance with the following table: Location of Sign Square Footage of signage For each linear ft. of bldg. Or store frontage '1 or 2 story 1 3 story 1.5 4 story 1.75 5 story or more 2 · Sign shall not encompass more than 75% of the width of store front or building. · For first floor tenants with direct exterior access, signage allowed for that tenant only at the first floor doorway and within the guidelines for a 1st story frontage. Unincorporated Miami- · Number: Type and number of point of sale signs Dade County permitted for a single individual business on a lot will be based on the following formula: Lot frontage (feet) Signs allowed 0-75 2 signs but no detached 76-150 3 signs, one of which may be detached 151 + 4 signs, one of which may be detached · Size: 10 percent of the wall area for a building that does not exceed 15 feet in height; then 1.5 percent increase for each foot of building height above the 15 feet measured to bottom of the sign. · In addition, a corner lot with minimum dimensions of 300 feet will be allowed 4 signs, 2 of which may be detached signs provided that the second sign is no greater than ¼ the size allowed the first sign and provided the separation between the 2 signs is at least equal to 50 percent of the total amount of frontage on both streets or roadways. · Where multiple businesses are located on a given lot, each business use shall be permitted a wall sign only. · Office Park District (would apply to Aventura Corporate Center property under County code): Size: 50 square feet Number: 1 detached or flat wall sign per principal building Special Conditions: the flat or detached sign may only identify the building or occupants therein · Number: I sign permitted per building, can be the North Miami name of the building or the major tenant. · Size: 1:1 (ex: 150' of bldg. Frontage = 150 sq. ft. sign) · Not allowed above the roofline · No signs for individual tenants permitted on wall Hallandale ,.. Number: 1 identification sign permitted per building. · Size: 2 sq. ft. per 1 linear foot of building frontage; maximum size is 100 square feet · Individual tenants allowed sign on wall only when they have direct access from outdoors. Fort Lauderdale · Number: single business buildings are allowed a maximum of 4 depending on number of street frontages - 1 of 4 signs can be freestanding · Number: multi business buildings are allowed 1 building identification sign for each street frontage & 1 or 2 freestanding plus I wall directory sign for each building entrance · Size: not more than 25% of wall size to maximum of 300 square feet Boca Raton For signs whose faces are perpendicular to the premises frontage · Up to a maximum of 2 freestanding signs depending on the number of street frontages. The freestanding sign can identify the main occupancy along with 4 tenant names per face or · 1 fixed projecting sign, not extending more than 3 feet from the wall or · 2 fiat signs identifying a designated main entrance to an occupancy on opposite sides of the building For signs whose faces are parallel to the frontage, 1 of the following categories of signs are permitted: · Up to a maximum of 2 freestanding signs depending on the number of street frontages. The freestanding sign can identify the main occupancy along with 4 tenant names per face, or · 1 fixed projecting sign, not extending more than 3 feet from the wall or · 1 flat sign identifying a designated main entrance to an occupancy on opposite sides of the building · Commercial centers are allowed 1 canopy sign per occupancy. Each occupant also has the option of constructing a principal and an amplifying sign by dividing the total permissible fiat sign area between the principal sign and the amplifying sign. Amplifying signs are limited to the identification and price of a particular product for sale or service · Size: 32 sq ft per face for projecting signs up to an aggregate of 64 sq ft, 100 sq ft for the 2 fiat signs and 160 sq ft for buildings above 100 feet in height Miami · Number: office district - 1 ground or monument sign for each 100 feet of frontage · Size: 1 wall sign limited to 1 sq ft of sign area for each linear foot of wall fronting on a street and may be increased 2 ¼ sq ft for each foot above the first 10 feet of building height from grade at the bottom of the wall to the bottom of the sign · 1 projecting sign in lieu of wall sign · 1 address or directional sign · no signs permitted on frontages which face residentially zoned property within radius of 1000 ft Coral Gables · Number: 3 wall signs for buildings less than 8 stories, 4 wall signs for buildings 8 stories and over · Size: 1% of total wall fa~:ade plus 1 sq ft for each 1 ft vertical from grade to bottom of sign · Can use all four facades and can be 2 different names (ex: "Hancock Building" on east and west, "Ameribank" on north and south elevations) Staff recommends that signs be permitted on office buildings and that a new section be added to the Sign Code to regulate these types of signs. Staff suggests that the following item be included in this new section to address the size of wall signs: The maximum size of wall sign be dictated by location on the building, that is, i) at the first, second, third or fourth story, a maximum sign area of 1 square feet for each 1 lineal foot of frontage ii) at the fifth, sixth or seventh story, a maximum sign area of 1.5 square feet for each I lineal foot of frontage iii) at eighth and ninth story, a maximum sign area of 2 square feet for each I lineal foot of frontage iv) at ten stories and above, a maximum sign area of 2.25 square feet for each 1 lineal foot of frontage Where the building is a corner or through location and 2 wall signs are allowed, one wall sign may be the name of the building and the other may be the name of a major tenant of the building - with the second wall sign being 50% of the square footage of the primary sign as currently allowed. The following table show, the existing sign size on two ten-story buildings in the City and compares the size of wall signs permitted by the City of Aventura existing code, proposed code and the codes of North Miami Beach, Miami, Fort Lauderdale and Coral Gables. , S, ze o~ Skins :,~Q,n~Qrd,~¢ent~:,!!l (Eagle, i~U~P ~ Existing;: ~ eaCh Aventur~ One (1) w~ll si~n Two (2) wall ~i~ns (exi~tin~ ~i~n 160 square feet Prima~ ~i~n 160 ~quare feet code) 8econda~ 8i;n 80 square feet Av~ntu;a One (~)~11 ~i~n Two (2) w~ll ~i~s (proposed cod~) 360 sq,~ ,,, Prim~ ~iqn 360 sq ,,..~, Seconda~ Si~n 180 sq No~h Miami One (1.) wall ~ign One (1) wall sign Beach 320 sq ff 320 sq or Two (2) wall signs not or Two (2) wall signs not exceeding 320 sq ff total exceeding 320 sq ff total Fo~ Lauderdale One (1) wall sign Two (2) wall signs 300 sq ff 300 sq Miami One (1) wall sign One (1) wall sign 360 sq ff 360 sq Coral Gables Four (4) ~igns Four (4) signs 250 sq ff each 250 sq ff each Boca Raton One (1) Wall Sign One (1) Wall Sign (flat or projecting) (fiat or projecting) 32 sq fl for 2 faces of 32 sq ff for 2 faces of proiectinq si.qn for total of 64 projecting siqn for total of 64 sq ff sq ff 100 sq ff for flat sign 100 sq ff fgr flat siqn For your information, the following table shows the name and address of each of the office buildings in the City and the number of stories, wall signs and monument signs at each location. # of Existing Building Location # of Stories # of Existing Monument Wall Signs Signs Mount Sinai Building 2845 Aventura Blvd 2 2 1 First Union Building 2925 Aventura Blvd 3 3 0 Police Dpt Building 2956 Aventura Blvd 2 3 0 HSBC Building 2958 Aventura Blvd 3 2 2 South Trust Building 3050 Aventura Blvd 3 2 0 TotalBank Building 17701 Biscayne Blvd 3 I 0 Professional Offices 17971 Biscayne BIvd 2 1 1 (shared Aventura (Point East) Aventura Plaza Plaza) Washington Mutual 18301 Biscayne Blvd 2 1 1 (South Building) NationsBank Building 18305 Biscayne Blvd 4 2 0 Jaffe Office Building 18741 Biscayne Blvd 2 8 0 Coves of Biscayne 18955 Biscayne Blvd 1 0 0 (under construction) ., Turnberry Place 19495 Biscayne Blvd 10 2 2 (Washington Mutual North Building) Aventura Corporate 20801 Biscayne Blvd 5 1 1 (shared Center (south building) with north building) Aventura Corporate 20801 Biscayne BIvd 5 2 1 (shared Center (north building) ' with south building]) Medical Office Building 21150 Biscayne Blvd 4 1 1 Tumberry Bank 20295 NE 29'" Place 3 3 1 Turnberry Office 2875 NE 191st Street 10 2 1 Concord Center II 2999 N E 191 s~ Street 10 1 1 Dental Care Group 2797 NE 206~ Street 2 5 2 Waterways Offices 3575 NE 207'~ Street 2 0 0 Gelbwaks Insurance 2801 NE 209TMStreet 2 1 0 Linda Marx Realty 20895 NE 209'" Street 2 2 0 Aventura Cancer 20950 NE 209~" Street 3 2 1 Center Orthopedic Care Center 21000 NE 209~" Street 2 1 0 Please feel free to contact me with any questions you may have. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission/ I ~"' a/g~r Eric M. Soroka, Brenda Kelley, Col~mu~ /.y D~velopment Joanne Carr, Assistant I~h'~r February 22, 2000 Wall Signs on Office Buildings Proposal for Amendment to Sign Code Director At its workshop meeting of January 21, 2000, City Commission considered a staff proposal to amend the Sign Code to allow wall signs on office buildings according to the following formula: · 1 wall sign permitted on office buildings · Corner and through locations permitted a secondary sign of 50% of the size of the primary sign · Maximum size dictated by.~ocation of sign on building · At 1,2, 3 and 4 stories, maximum wall sign area of 1 square foot for each 1 lineal foot of frontage · At 5, 6 and 7 stories, maximum wall sign area of 1.5 square feet for each I lineal foot of frontage · At 8 and 9 stories, maximum wall sign area of 2 square feet for each 1 lineal foot of frontage · At 10 stories and above, maximum wall sign area of 2.25 square feet for each 1 lineal foot of frontage As requested by City Commission, staff has prepared a detailed report of all existing wall signs on office buildings in the City. A picture and summary of each building and sign is attached as Pages 1 to 27 of this memorandum. Based on the findings of the report, staff would now like to make the following amended proposal to permit wall signs on office buildings: · Maximum size and number of signs dictated by location of sign on building · 1 wall sign permitted on office buildings for sign located 1 to 7 stories high with a maximum sign area of 1 square foot for each I lineal foot of frontage · Corner and through locations for sign located 1 to 7 stories high permitted a secondary sign at 50% of the size of the primary sign · 2 wall signs permitted on office buildings for signs located 8 stories high and above with a maximum sign area of 1.5 square feet for each 1 lineal foot of frontage · No wall sign may face an adjacent residentially zoned property Tables showing the locations that would and would not comply with this proposal are attached for City Commission's review. The reason for the change from the original staff proposal is based on the detailed report, which shows: · More than 62%, 15 of the 24 office buildings with existing wall signs, will comply with the new proposal The majority of the non-complying locations are 1 to 3 story buildings with more than 1 existing wall sign. This is the case for both the original (1/14/00) and amended (2~22~00) staff proposal The original staff proposal of 2.25 square feet for each lineal foot of frontage for 10 story buildings created an allowable sign for Washington Mutual Bank on the Turnberry One building on Biscayne Boulevard at the Lehman Causeway 2.5 times larger than the existing signs · Under the amended staff proposal, Eagle National Bank at the Concord Center II building would be permitted one larger than existing and one additional wall sign There are only two locations where existing signs are larger than would be permitted. This is the case for both the original (1/14/00) and amended (2/22/00) staff proposal. Those locations are: The existing City National Bank signs on the Turnberry Plaza building on NE 191 Street The existing Washington Mutual Bank sign on its southern branch on Biscayne Boulevard Therefore, it is recommended that City Commission now consider a staff proposal to amend the Sign Code to allow the following: · Maximum size and number of signs dictated by location of sign on building · 1 wall sign permitted on office buildings for sign located I to 7 stories high with a maximum sign area of I square foot for each 1 lineal foot of frontage · Corner and through locations for sign located 1 to 7 stories high permitted a secondary sign at 50% of the size of the primary sign · 2 wall signs permitted on office buildings for signs located 8 stories high and above with a maximum sign area of 1.5 square feet for each I lineal foot of frontage · No wall sign may face an adjacent residentially zoned property Locations that would comply with 2/22/00 Proposal Orthopedic Care Center Permitted by variance Existing wall sign would comply OB 2 story 4/6/99 21000 NE 209 Street Linda Marx Realty OB Both existing wall signs comply Both existing wall signs would comply 2 story 20895 NE 209 Street Waterways OB No existing wall signs N/a 2 story 2797 NE 206 Street Point East Prof. Plaza OB No, wall signs not permitted on Existing wall sign would comply 2 story office buildings 17971 Biscayne Blvd 1 existing wall sign HSBC Bank OB No existing wall signs N/a 3 story 2958 Aventura Blvd South Trust Bank OB Both existing wall signs comply Both existing wall signs would comply 3 story 3050 Aventura Blvd Total Bank OB Existing wall sign complies Existing wall sign would comply 3 story 17701 Biscayne Blvd Biscayne Medical Arts No, wall signs not permitted on Existing wall sign would comply Center OB 4 stories office buildings 21110 Biscayne Bivd I existing walt sign Aventura Medical OB No existing wall signs N/a 4 stories 21150 Biscayne Blvd NationsBank OB Both existing wall signs comply Both existing wall signs would comply 4 stories 18305 Biscayne Blvd Aventura Corporate Centre Existing wall s~gn complies Existing wall sign would comply (south) 5 stories 20801 Biscayne Blvd Aventura Corporate Centre Existing wall signs comply Existing wall signs would comply (north) 5 stories 20801 Biscayne Blvd Courtyard Marriott Hotel Permitted by variance N/a 5 stories 11/17/98 2825 NE 191 Street Eagle National Bank OB Existing wall s~gn complies Existing wall sign would comply 10 stories 2999 NE 191 Street Washington Mutual Bank Permitted by variance Existing wall signs would comply OB 9/01/98 10 stories 19495 Biscayne Blvd Locations that would not comply with 2/22/00 Proposal Mount Sinai North OB No, wall signs not permitted existing wall sign would comply 1 story on office buildings 2 additional wall signs would not 19084 NE 29 Avenue 3 existing signs comply Dental Care Group OB No, wall signs not permitted 2 of the 4 signs would comply 2 story on office buildings the neon sign and the box sign 2797 NE 206 Street 4 existing signs- 1 is neon would not be permitted and 1 is a box sign Mount Sinai OB No, wall signs not permitted 1 existing sign would comply 2 story on office buildings 1 additional existing sign would 2845 Aventura Blvd 2 existing signs not be permitted Aventura Medical Center No, wall signs not permitted 1 wall sign would be permitted - OB - 2 story on office buildings cannot be on raceways - channel 2956 Aventura Blvd 2 existing signs on or reverse channel letter signs raceways only Washington Mutual OB No, existing sign is too No, existing sign is too large 2 story large 18301 Biscayne Blvd Jaffe Office Building 1 existing sign (for bank 1 existing wall sign would comply 2 story use) complies 7 additional signs would not be 18999 Biscayne Blvd Additional 7existing signs 3ermitted do not comply First Union Bank OB 1 existing sign complies 1 existing sign would comply 3 story 2 additional signs do not 2 additional signs would not be 2925 Aventura Bird comply permitted Turnberrry Bank OB Primary sign is larger than Primary sign would be larger than 3 story permitted, 1 secondary sign permitted, 1 secondary sign would 20295 NE 29 Place complies, other secondary comply, other secondary sign sign is not permitted would not be permitted City National Bank OB Existing signs are larger Existing s~gns would be larger 10 story than permitted than permitted 2875 NE 191 Street Locations that do not comply with Existing Code but would comply with 2/22/00 Proposal Point East Prof. Plaza OB No, wall signs not permitted Existing wall sign would comply 2 story on office buildings 17971 Biscayne Blvd I existing wall sign Biscayne Medical Arts No, wall signs not permitted Existing wail sign would comply Center OB 4 stories on office buildings 21110 Biscayne Boulevard 1 existing wall sign Locations that would be permitted signage under Proposal where no signage exists to date Waterways OB No existing wall signs 1 wall sign would be permitted 2 story 2797 NE 206 Street Aventura Medical OB No existing wall signs 1 wall sign would be permitted 4 stories 21150 Biscayne Blvd Eagle National Bank OB 1 existing wall sign I additional wall sign would be 10 stories permitted 2999 NE 191 Street Mount Sinai North Office Building One sto~/building 19084 NE 29Avenue Estimated Building Frontage 120 feet Number and Size of Existing Wall3 existing wall signs Sign(s) 1 on north side - 22 square feet 1 on west side - 22 square feet 1 on south side - 22 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 120 square feet Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Will existing sign comply with 1 existing wall sign would comply proposed Sign Code 2 additional signs would not comply Mount Sinai Aventura Office Building Two story building 2845 Aventura Boulevard Estimated Building Frontage 375 feet Number and Size of Existing Wall 2 wall signs Sign(s) 114 square feet each Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wal; sign Sign Code 375 square feet in area Does existing sign comply with No - not permitted current Sign Code Will existing sign comply with One of existinG signs would comply proposed Sign Code Second sign would not be permitted - 3 Police Department/Aventura Medical Center Office Building Two stoW building 2956 Aventura Boulevard Estimated Building Frontage 100 feet Number and Size of Existing Wall 2 existing wall signs Sign(s) 54 square feet each Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 100 square feet in area Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Raceways not permitted Will existing sign comply with No - raceways not permitted proposed Sign Code Channel or reverse channel letters only permitted Point East Plaza Professional Building Two story building 17971 Biscayne Boulevard Estimated Building Frontage 1:30 feet Number and Size of Existing Well 1 existin~l wall sign Sign(s) '~7 square feet in area Signs ellowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code '130 square feet Does existing sign comply with No - wall signs not permitted or~ office buildings current Sign Code Will existing sign comply with Existing wall sign would comply proposed Sign Code Washington Mutual Office Building Two story building 18301 Biscayne Boulevard Estimated Building Frontage 145 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 160 square feet in area Signs allowed under Existing I wall sign Sign Code 145 square feet Signs allowed under Proposed 1 wall sign Sign Code 145 square feet Does existing sign comply with Existing wall sign is larger than permitted current Sign Code Will existing sign comply with Existing wail sign would be larger than permitted proposed Sign Code 6 Jaffe Office Building Two sto~j building 18999 Biscayne Boulevard Estimated Building Frontage 138 feet Number and Size of Existing Wall 8 existing wall signs Sign(s) 2 on south side; 110 square feet & 105 square feet 1 on east side; 64 square feet 1 on north side; 80 square feet 3 on west side; 60 square feet, 64 square feet and 110 square feet Signs allowed under Existing 1 wall sign (for bank use) Sign Code 138 square feet in area Signs allowed under Proposed 1 wall sign Sign Code 138 square feet in area Does existing sign comply with 1 wall sign for bank use complies current Sign Code other 7 signs are not permitted Will existing sign comply with 1 existing sign would comply proposed Sign Code other 7 signs would not be permitted _ 7 9 Waterways Office Building Two story building 3575 NE 207 Street Estimated Building Frontage 120 feet Number and Size of Existing Wall No existing signs Sign(s) Signs allowed under Existing None Slain Code Signs allowed under Proposed 1 wall sign Sign Code 120 square feet in area Does existing sign comply with Not applicable current Sign Code Will existing sign comply with Not applicable proposed Sign Code 10 Dental Care Group Office Building Two story building 2797 NE 206 Street Estimated Building Frontage g0 feet (corner location) Number and Size of Existing Wall 4 existing wall signs Sign(s) 1 on south side, 15.5 square feet 3 on east side, 24 square feet, 22 square feet and 13.5 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign of 90 square feet 1 Secondary sign of 45 square feet Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Neon signs not permitted Will existing sign comply w/th 2 of the 4 signs would comply proposed Sign Code 2 additional signs would not be permitted Neon signs not permitted 11 Linda Marx Realty Office Building Two story building 20895 NE 209 Street Estimated Building Frontage 82 feet (corner location) Number and Size of Existing Wall 2 existing wall signs Sign(s) 1 Primary sign of 12 square feet 1 Secondary sign of 7 square feet Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign of 82 square feet 1 Secondary sign cf 41 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign of 82 square feet 1 Secondary sign of 41 square feet Does existing sign comply with Both existing signs comply current Sign Code Virgil existing sign comply with Both existing signs would comply proposed Sign Code Orthopedic Care Center Office Building Two story building 21000 NE 209 Street Estimated Building Frontage 250 feet (corner location) Number and Size of Existing Well 1 existing wall sign Sign(s) 90 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign at 250 square feet 1 Secondary sign at 125 square feet Does existing sign comply with Existing sign permitted by variance current Sign Code Resolution 99-16 adopted 04-06-99 Will existing sign comply with Existing s;gn would comply prop~_~ Sign Code 13 Tumberry Bank Office Building Three stow building 20295 NE 29 Place Estimated Building Frontage 160 feet (corner location) Number and Size of Existing Wall ~ 3 existing wall signs Sign(s) 175 square feet on west side 63 square feet on north and south sides Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign of 160 square feet 1 Secondary sign of 80 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign of 160 square feet 1 Secondary sign of 80 square feet Does existing sign comply with Primary sign is larger than permitted current Sign Code 1 Secondary sign complies, other secondary sign is not permitted Will existing sign comply with Primary sign would be larger than permitted pmposedSign Code 1 Secondary sign would comply, the other secondary sign would not be permitted 14 TotalBank Office Building Three stow building 17701 Biscayne Boulevard Estimated Building Frontage 82 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 46.5 square feet in area Signs allowed under Existing 1 wall sign Sign Code 82 square feet Signs allowed under Proposed 1 wall sign Sign Code 82 square feet Does existing sign comply with Existing wall sign complies current Sign Code Will existing sign comply with Existing wall sign would comply proposed Sign Code 15 South Trust Bank Office Building Three story building 3050 Aventura Boulevard Estimated Building Frontage 100 feet (corner ~ocation) Number and Size of Existing Wall 2 existing wall signs Sign(s) 1 Primary sign of 85.5 square feet 1 Secondary sign of 39 square feet Signs allowed ~,er Existing 2 wall signs Sign Code 1 primary sign at 100 square feet in area 1 secondary sign at 50 square feet in area Signs allowed under Proposed 2 wall signs Sign Code 1 primary sign at 100 square feet in area 1 secondary sign at 50 square feet in area Does existing sign com~,iy with Both signs comply current Sign Code Will existing sign comply with Both signs will comply proposed Sign Code 16 HSBC Bank Office Building Three story building 2958 Aventura Boulevard Estimated Building Frontage 67 feet Number and Size of Existing Wall No existing wall signs Sign(s) Signs allowed under Existing 1 wall sign Sign Code 67 square feet in area ~ Signs allowed under Proposed 1 wall sign Sign Code 67 square feet in area Does existing sign comply with Not applicable - no existing signs current Sign Code Will existing sign comply with Not applicable - no existing signs i proposed Sign Code 17 First Union Bank Office Building Three story building 2929 Aventura Boulevard Estimated Building Frontage ~110 feet Number and Size of Existing Wall 3 existing wall signs Sign(s) 1 on south side, 1 on west side, 1 on east side 47.5 square feet each Signs allowed under Existing 1 wall sign Sign Code 110 square feet Signs allowed under Proposed 1 wall sign Sign Code 110 square feet Does existing sign comply with 1 existing sign complies current Sign Code second and third signs are not permitted Will existing sign comply with 1 existing sign would comply proposed Sign Code second and third signs would not be permitted _ 18 Aventura Medical Building Office Four story building 2t t50 Biscayne Boulevard Estimated Building Frontage 180 feet Number and Size of Existing Wall No existing wail sign Sign(s) Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 180 square feet Does existing sign comply with No existing wail sign current Sign Code Will existing sign comply with No existing wail sign proposed Sign Code 19 Biscayne Medical Arts Center Office Building Four story building 21110 Biscayne Boulevard Estimated Building Frontage 180 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 27 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 180 square feet in area Does existing sign comply with ~ No - wall signs not permitted on office buildings current Sign Code Will existing sign comply with Existing wall sign would comply proposed Sign Code 2O NationsBank Office Building Four story building 18305 Blacayne Boulevard Estimated Building Frontage 158 feet (corner location) Number and Size of~_~&;ing Wall 2 existing wall signs Sign(s) 1 Primary sign of 80 square feet 1 Secondary sign of 35 square feet Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign of 158 square feet I Secondary sign of 79 square feet Signs allowed under Proposed Sign Code Does existing sign comply with current Sign Code Will existing sign comply ~;,~ 2 wall signs 1 Primary sign of 158 square feet I Secondary sign of 79 square feet Both existing signs comply Both existing signs would comply Courtyard Marriott Hotel Building Five sto~y building 2825 NE 19t Street Estimated Building Frontage 130 feet Number and Size of Existing Wall 2 existing wall signs Sign(s) 71 square feet on south side 53 square feet on east side Signs allowed under Existing None i Sign Code Signs allowed under Proposed 1 wall sign Sign Code 130 square feet Does existing sign comply with Signs permitted by variance approved by current Sign Code Resolution 98-87 adopted 11-17-98 Will existing sign comply with Not applicable - existing signs permitted by proposed Sign Code variance 22 Aventura Corporate Center Office Building (North Building) Five story building 20802 Biscayne Boulevard Estimated Building Frontage 180 feet (corner location) Number and Size of Existing Wall 2 existing wall signs Sign(s) 63 square feet each Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 180 square feet 1 Secondary sign at 90 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign at 180 square feet 1 Secondary sign at 90 square feet Does existing sign comply with Existing signs comply current Sign Code Will existing sign comply with Existing signs would comply proposed Sign Code 23 Aventura Corporate Center Office Building (South Building) Five stow building 20801 Biscayne Boulevard Estimated Building Frontage 180 feet (corner location) Number and Size of Existing Wall I existing wall sign Sign(s) 68 square feet Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 180 square feet 1 Second sign at 90 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign at 180 square feet 1 Secondary sign at 90 square feet Does existing sign comply with Existing sign complies current Sign Code Will existing sign comply with Existing sign would comply proposed Sign Code 24 Eagle National Bank Office Building Ten story building 2999 NE 191 Street Estimated Building Frontage 160 feet Number and Size of Existing Wall 1. existing wall sign Sign(s) 160 square feet Signs allowed under Existing 1 wail sign Sign Code 160 square feet in area Signs allowed under Proposed 2 wall signs Sign Code 240 square feet each Does existing sign comply with Existing sign complies; location 50% above roofline current Sign Code approved by Resolution 99-23 adopted 01-06-99 Will existing sign comply with Existing wall sign would comply proposed Sign Code 25 City National Bank Office Building Ten story building 2875 HE 191 Street Estimated Building Frontage 160 feet (through location) Number and Size of Existing Wall2 existing wall signs Sign(s) 656 square feet each Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 160 square feet 1 Secondary sign at 80 square feet Signs allowed under Proposed 2 wall signs Sign Code 240 square feet each Does existing sign comply with Existing signs are larger than permitted current Sign Code Location above roofline is not permitted Will existing sign comply with Existing signs would be larger than permitted proposed Sign Code Location above roofline would not be permitted 26 Washington Mutual Bank Office Building Ten story building 19495 Biscayne Boulevard Estimated Building Frontage 416 feet (corner location) Number and Size of Existing Wafl 2 existing wall signs Sign(s) 372 square feet each Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 416 square feet I Secondary sign at 208 square feet Signs allowed under Proposed 2 wall signs Sign Code 624 square feet each Does existing sign comply with Existing signs approved by variance current Sign Code Resolution 98-76 adopted 09-01-98 Will existing sign comply with Existing signs would comply i proposed Sign Code 27 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2003 Mayor Jeffrey M. Perlow Vice Mayor Harry Holzberg Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza & Guedes, P-~. CITY OF AVENTURA LE(~ISLATIVE PROGRAMS AND PRIORITIES 2003 This document is intended to provide direction to the City Manager~ City Attorney and Legislative Lobbyist as to the oMc/a/ City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Will not create revisions in municipal pension plans or State Statues that will impose additional mandated financial obligations for municipalities. 2. Adopt the 2003 Policy Statement of the Florida League of Cities. 3. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 4. Provide for the coordinated and comprehensive efforts for statewide and local security and anti-terrorist programs in conjunction with the Federal government. 5. Provide authority for municipalities to adopt limitations on election contributions which are more restive than state law. The City of Aventura will seek financial assistance and grants for the following projects: 1. Funding for Stormwater drainage improvements. 2. Funding for Park development. A BILL TO BE ENTITLED AN ACT RELATING TO ELECTION CAMPAIGN CONTRIBUTIONS, AMENDING SECTION 106.08; F.S., TO PROVIDE AUTHORITY FOR MUNICW~I'I'~S AND COUNTIES TO ADOPT LIMITATIONS ON ELECTION CONTRIBUTIONS WHICH ARE MORE RESTRICTIVE THAN STATE LAW FOR MUNICIPAL AND COUNTY ELECTIONS; RATIFYING EXISTING MUNICIPAL AND COUNTY CONTRIBUTION LIMITATIONS; PROVIDING AN EFFECTIVE DATE. Be it enacted by the Legislature of the State of Florida: section 1. A new subsection (10) is added to Section 106.08, Florida Statutes, to read: 106.08 Contributions; limitations on (10)(a) The governing body of a municipality or county may, by ordinance, provide for a limitation on contributions which are more restrictive than the limitations imposed pursuant to paragraph (1)(a) of this section for any elections to fill elective offices on the governing body of the respective municipality or county. (b) Any such ordinance shall: (i) be enacted at least 90 days prior to any election to which it shall be an~lied: and (ii) be filed with the Supervisor of Elections of the countw in which the governing body is located and with the State Division of Elections. Section 2. Municipal and county ordinances which were adopted prior to the effective date of this Act, but which are consistent with the authorization granted by Section 106.08 (10)(a), F.S., as enacted by Section 1 of this Act, are hereby ratified, subject to compliance with the filing requirement of Section 106.08 (10)(b)(ii) hereo£ Section 3. This Act shall be effective upon becoming a law. 328~01 \prepanaion\bill re campaign contribmiom 3575 N£ ;'0?'m S'r~., Sun,, E-~t~lt: amcbiz~'bellsouth net