98-045 RESOLUTION NO. 98-45
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DENYING THE REQUEST
FOR SIGNS TO BE LOCATED ON PROPOSED CITY
PROPERTY OR PROPOSED PUBLIC RIGHT-OF-WAY
(SIGN #1 AND SIGN #3); DENYING THE REQUEST FOR
TWO SIGNS (SIGN #12 AND SIGN #13) AFFIXED TO
FENCE; APPROVING THE REQUEST TO ALLOW SIGN
#2 AS AN OFF-PREMISE SIGN; APPROVING THE
REQUEST TO ALLOW EIGHT (8) NAUTICAL FLAGS AT
THE MARINA; DENYING THE REQUEST FOR ONE (1)
DEVELOPER IDENTIFICATION SIGN (CONSTRUCTION
SIGN) WHICH EXCEEDS THE MAXIMUM SIZE ALLOWED;
APPROVING THE REQUEST FOR THE EXISTING TEN
(10) TEMPORARY DEVELOPMENT IDENTIFICATION
AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE SITE
PLAN; APPROVE THE REQUEST FOR ONE (1)
ADDITIONAL DIRECTIONAL SIGN BETWEEN SIGN #12
AND SIGN #13; ALL WITH CONDITIONS FOR PROPERTY
LOCATED AT NE 190 STREET AND DUMFOUNDLING
BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City
Commission of the City of Aventura; and
WHEREAS, the property described herein is zoned RU-4, High Density
Apartment House District; and
WHEREAS, the applicant, through Application No. 04-SV-98, has requested a
sign variance to permit the erection of the following temporary signs: 1) Miscellaneous
flags/banners; 2) One developer identification (construction) sign which exceeds the
maximum allowed height and size; and 3) Miscellaneous temporary development
identification and/or directional signs; all on that certain property located at NE 190
Resolution No. 98-.45
Page 2
Street and Dumfoundling Bay, a.k.a. Hidden Bay, in Aventura, Florida and legally
described on Exhibits "A" attached hereto; 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, only 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 No. 04-SV-98 for Sign Variance on property legally
described as:
See attached Exhibits
a/ida Hidden Bay, NE 190 Street and Dumfoundling Bay
is hereby acted upon, with conditions, as follows:
1) Deny the request for signs to be located on proposed City property or proposed
public right-of-way (Sign #1 and Sign #3), on the basis that it does not meet the
criteria for the granting of variances found in the City's Sign Ordinance;
2) Deny the request for two (2) signs (Sign #12 and Sign #13) affixed to fence on the
basis that it does not meet the criteria for the granting of variances found in the
City's Sign Ordinance;
3) As exception to Item 1 above, approve the request to allow Sign #2 as an off-
premise sign to read "Welcome to Hidden Bay" only;
Resolution No. 98-45
Page 3
4) Approve the request to allow eight (8) nautical flags at the marina;
5) Deny the request for one (1) developer identification sign (construction sign) which
exceeds the maximum size allowed;
6) Approve the request for the existing ten (10) temporary development identification
and/or directional signs as requested with this application, to remain as shown on
the proposed Site Plan as follows:
a) Sign #16 shall be allowed to remain 36 square feet (as Sign #2) and shall read
the same as Sign #2;
b) Sign fl4 shall be allowed to remain 32 square feet;
c) Sign #9 shall be allowed to remain 16 square feet;
d) The remaining signs (Sign #6, 7, 8, 10, 11, 14, and 15) must comply with sizes
as specified in the Code for directional signs;
7) Approve the request for one (1) additional directional sign to be located on the
ground between Sign #12 and Sign #13 and must comply with sizes as specified in
the Code for directional signs.
CONDITIONS
1. All signs shall be installed in the same locations as shown on the Site Plan
submitted with this application.
2. All signage shall be located a minimum distance of six (6) feet from the edge of
pavement.
3. If signage is approved, permits shall be required for all signs that must be
relocated to a minimum of six (6) feet from edge of pavement, signs relocated
Resolution No. 98-45
Page 4
since the date of receipt of this variance application (2~27~98), or signs not yet
installed as of the date of receipt of this variance application (2~27~98).
4. Applicant shall obtain building permits (for signage) within 12 months of the date
of this Resolution or the approval granted shall be deemed null and void and the
applicant shall be required to reinstate the public hearing approval process
unless the term is extended by a motion of the City Commission prior to its
expiration.
5. That any existing flags/banner, excepting those eight (8) nautical flags at the
marina, be removed immediately.
6. That no additional flags/banners shall be installed or erected at any time.
7. That all additional temporary development identification and/or directional signs,
located on the property and not approved with this application, be removed
immediately.
8. That no signage, whether temporary or permanent, excepting those that may be
approved with this application, be located on public property (or proposed public
property) and any signage presently located on public property (or proposed
public property) be removed immediately.
9. All signage and nautical flags, if approved, shall be removed no later than
December 31, 1999.
10.The outstanding Code Enforcement Fine for $100.00 shall be paid prior to
issuance of any building permits for signage.
Resolution No. 98-45
Page 5
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Berger, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 19th day of May, 1998. ~ ~
~At~ur . SnyCe~r, May~r
ATTEST:
Teresa M. Smith, OMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
This Resolution was filed in the Office of the City Clerk this 22"d day of May, 1998.
(~ITY CLERK
EXItlBIT
All Of Tract/v/aud that portion of Tract R of the Plat of M~A DRL REY* P,~Vf_S~D,
according to the plat thereof as recorded fix Plat Book 144 at Page 89 of the PuSlic Records
of Dade County, Florida, all being more pan/aflarly described a~
Com~cnee at the Northeast.comer of said Tract R, said NolT./leaSt corll~r also b~ing the
East I/4 corner of Sect/on 3, Townsh/p 52 South, Range 42 East; thence S 87'35'46" W
along the North line of sa/d Tract R for $63.78
herein_~_qer described parcel feet to the POI~NT OF BE~3~G of the
of land; thence $ 02~24,14- E along
and the westerly line of Tract L of said plat the northerly extcndon of
of *lVlarfixa Del Rey RevVed" for 14Z72 feet;
thence $ 22o2~,$3. E along the westerly line of said Tract L for 27.2~ feet; thence
S 6~0'$6' W for 176.19 feet; thence $ 22~0'06n E for 472.21 feet to the south linc of said
Tract R: thence S 87~30'00* W along the ~outh line of said Tract R and Tract M for 217.00
feet; the following three (3) courses bring along tho Southerly and Westerly ~ of said
Tract M; 1) thence S 49~46'2~ W for 102.14 feet;, 2) thence $ g7'30'00" W for ~86.64 feet;
3) thence N 02024'14' W for 409.97 feet; the followfixg fi~ ($) coorsc~ being alon~ the
exterior boul~la~ li~e of said Tract R; 1) thence S 87~.5'4~ W for LS0.00 feet; 2) thence
N 02°24,12~ W for 72.00 feet; 3) thence N 8'~35'48-E for 150.00 feet; 4) thence
N 02°24'14. W for 2.53.94 feet; $) thence N 87°35'46- E for 678.16 to the POINT OF
ht favor of Tzac~ M and R and Ingress-Egress Easement mgr ~.ess -~-~ment No.
the P/at of MARINA DIlL RI~Y REVISED, according/th~ 1 and 2, aH as set forth on
plat thereof as recorded in
Plat Book 144 at Page 89 of the Publ/c Records of Dade County, Flor/da.
E~'IIBIT
LEOAL DESCRIPTION
Ail of 3'~act L ~ ~ po~on of ~ R of ~e Plat of ~A D~ ~y ~,
a~r~g ~ ~e plat ~er~f ~ r~rd~ ~ Pht B~k 1~ at Page 89 of ~e ~Uc R~r~
of Dade ~, ~o~ ~ ~ing ~te p~ly d~ ~ foHo~:
~ ~ ~e ~t ~m~r of ~d ~ ~ ~ foHo~ ~ (3) ~ ~ ~o~
· 0 ~ lln~ Of ~ ~ Ri (~) ~0~ ~ ~1~" E for ~.~ f~t; (2)
N 4~41~ W for 1~.~ ~ (3) ~ S S~Y~,W for 5~.78 f~t;
~ ~'14' E d~ ~c a~er~ ~n of ~d ~o wmterly ~c of smd Tr~ L for
14Z~ f~g ~en~ S ~53' E ~g ~o w~terly ~ of ~ ~ L for 27~ f~t;
~e~ S 6~0'5~' W for 176.19 ~g ~ ~ ~ff~ ~ for 4~1 f~t to ~e sou~
~ smd Tra~ R; ~en~ N ~ E ~ong ~e ~o~ ~e of s~d Trna R ~d T~ L for
561.~ teeg ~e~ N ~1~~ E ~o~ ~e e~ llne of ~d ~aa L for 576.~ feet to
~d
~mntN~ 1 ~ ~gt~on~ePlat. of~D~y
~, ~ m ~ Pht ~e~ ~ r~d~ ~ ~t ~k 1~ at ~ge 89 of
'~ m me ~c ~r~ of Dade ~, ~ofi~, ~ mo~ p~ly
~ D~ON: ~~ON ~-
A ~on of ~ R ~.d ~ M of ~ pht of ~A D~ ~y
~r~ ~ ~ plat ~er~ ~ ~ ~ ~ B~k 144 ~ P~e 89 of ~ ~bHo
of D~e ~, ~o~ ~ ~ ~re p~ ~ ~ ~11o~:
Page 1 of 2
Commence at the Northwest corner of Tract L of said plat of "MARINA DEL R.EY
REVISED"; thence S 02~14'14" E along the Westerly line of said Tract L for 69.1.3 fret to
the POINT OF H,u_~G of the hereinafter described parcel of land; thence continue
S 01~24'14" E along tho previously desc~'bed line for 58.59 foot; thence $ 22~29'53" B along
said Westerly line of Tract L for 2725 feet; thence S 6T30'5§" W for 353.99 feet; thence
N 22029'53" W for 36.22 feet; thence S 87°30'00" W for 33.18 feet; thence br 26029,33" w
~r 2331 feet to a point of curvature; thence Northeasterly along a 75.00 foot radius leading
the right through a central angle of 56°42'54" for an arc of 74.24 feet to a point of
revcr~e curvature; thence Northerly along a 50.00 foot radius ctuve leading to the left
through a central angle of 32°52'10" for an arc of 28.68 feet to a point of tnngency; thence
N 02°38'49' W for 25.00 feet to a point of curvature; thence'Northerly and Easterly along
a 24.33 foot radius leadinoo to the right throngh a ceatral axigle Of 97~4725" for an arc of
41.53 feet to a point of tangeaey; thence $ 84'51'24' !~_ for 52.51 feet to a point of curvature;
thence Easterly along a 381.33 foot radius curve leading to the left through a central angle
of 27'19'29' for an arc of 181.86 feet to a point of reverse curvature; thence Easterly along
a 127.67 foot radius curve leading to the right through a con, al o,gle of 49~29'00" for an
arc of 110.26 feet to tl~ POINT OF BEGINNING,
AND
I~GAL DF. SCRIPTION: "ENTRANCE ROAD' EASEMENT
A portion of Tract R and Tract M of the plat of "MARINA DEL REY REVISED'.
according to the plat thereof as recorded in Plat Book 144 at Page 89 of the Public Records
of Dado Coun_,y, Florida, all being more particularly described as follows:
Begin at the most Westerly Southwest comer of said Tract R; the following three (3)
courses being along the exte~or boundary line of said Tract R, (1) thence N 02024'12" W
for 72.00 feet; (2) thence lq 87'35'48" E for 150.00 feet (3) thence N 02024'14" W for 238.94
feet; thence N 87~35'46' E along a line pozallel and 15.00 feet South of the North line of
mx ~.t~v.~ .~4~--; men~ $ 02'24 1¢ E along the Westext line of '
85.5° ~____ . . . ¥ said Tract L for
o. on a c ouar crave concave the Seam and w oso ramus ooint
oot .~t vt- w; tl~nee Northwesterly ~,-_d Soutl~ested. y along a 11.'3.67 foot t~dius
leading to the left thro-~h a =central nn_**~ of 53'35'50 for an arc of 106.~ feet to a l~..tnt
of reverse cuxvature; th~__~ ~mmweste~ n~d_ Northwesterly along a 3~5.33 foot rnditts
carve leading to the r~h~ through a central angle of 23°39'25" for an ave of 163.23 foot to
a l~n~ m auvature, th~___~_- ~outhwesterly & Southerly along a 90.00 foot radius
pum~ rever~ curvature, menee Southwesterly along a l~l-q2 foot radius curve loading
tO the right through a central angle of 56°58'08' far an arc of 130.77 foot; thence
S 02~30'00* E for 1830 f~et; thence S 8703ff00" W for 94.14 feet to a point on the
Ii-ne of said Tract Iv~; thence N 02°24'14" W along said West line for 12.67 feet; thence
S 87~$'48" W alon~ the South llne of said T~ct R for 150.00 feet to the POINT
BEG~G.
Page 2 of 2