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98-069 RESOLUTION NO. 98-69 A RESOLUT ON OF THE CITY COMMISSION OF THE CITY OF /~VENTURA, FLORIDA REPEALING AND SUPERCEDIrilG THE PREVIOUSLY APPROVED RESOLUTIOI NO. 98-45; GRANTING A SIGN VARIANCE FOR: 1', MISCELLANEOUS TEMPORARY FLAGS/BANI ERS; 2) ONE TEMPORARY, OFF-PREMISE SIGN; 3) ONE TEMPORARY, DEVELOPER IDENTIFICA'IION (CONSTRUCTION) SIGN; AND 4) MISCELLANI !OUS TEMPORARY IDENTIFICATION AND/OR DIR -'CTIONAL SIGNS AS SHOWN ON THE SITE PLAN FOR I~ROPERTY LOCATED AT NE 190 STREET AND DUMFqUNDLING BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the p~operty described herein is zoned RU-4, High Density Apartment House District; ~nd WHEREAS, the Al )licant, Hidden Bay Associates, has previously received approval through Resoluti¢ No. 98-45 for miscellaneous sign variance approvals; and WHEREAS, the ,~ )licant, through revised Application No. 04-SV-98, has requested a revision to p~ zious approvals to permit the erection of the following: 1) Miscellaneous temporary Ilags/banners; 2) One temporary off-premise sign; 3) one temporary developer ider,tification (construction) sign; 4) Miscellaneous temporary development identification and/or directional signs, all on that certain property located at NE 190 Street and Dur~foundling Bay, a.k.a. Hidden Bay, in Aventura, Florida and legally described on Exhib ts "A" attached hereto; and Resolution No, 98-69 Page 2 WHEREAS, followillg proper notice, the City Commission has held a public hearing as provided by lan and WHEREAS, the Cit Commission finds that the Application meets the criteria of the applicable codes an¢ ordinances, only to the extent the Application is granted herein. NOW, THEREFOR! BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL( =,IDA, THAT: Section 1. Applic~ltion No. 04-SV-98 for Sign Variance on property legally described as: See attached Exhibi :s "A" aka Hidden Bay NE 190 Street and lumfoundling Bay is hereby acted upon as f¢ lows with conditions as outlined herein: 1) Repeal and supercede lhe previously approved Resolution No. 98-45; and 2) Approve the requested sign variances. PROJECT SPECIFIC COI~ DITIONS 1. All signage and n~utical flags, if approved, shall be removed no later than December 31, 1999 2. All signs shall be in tailed in approximately the same locations as shown on the Site Plan submitted vith this application. Resolution No. 98-69 Page 3 3. All signage shall be ocated a minimum distance of six (6) feet from the edge of pavement. 4. If signage is appro~'ed, permits shall be required for all signs that must be relocated to a minin um of six (6) feet from edge of pavement, signs relocated since the date of re,;eipt of this variance application (2127198) or signs not yet installed as of the d~ [e of receipt of this variance application (2127198). 5. Applicant shall obtai building permits (for signage) within 12 months of the date of this Resolution o~ the approvals granted shall be deemed null and void and the applicant shall required to reinstate the public hearing approval process unless the term is <tended by a motion of the City Commission prior to its expiration. 6. That any existing flings/banners, excepting those eight (8) nautical flags at the marina, be removed immediately. 7. That no additional fl ~gs/banners shall be installed or erected at any time. 8. That all additional tE,mporary development identification and/or directional signs, located on the pro )erty and not approved with this application, be removed immediately. 9. That no signage, wt ether temporary or permanent, excepting those that may be approved with this ~ ~plication, be located on public property (or proposed public property) and any s~gnage presently located on public property (or proposed public property) be, ~moved immediately. Resolution No. 98-69 Page 4 10. The outstanding Cede Enforcement Fine for $100.00 shall be paid prior to issuance of any buik ing permits for signage. Section 2. The Ci!t Manager is authorized to cause the issuance of permits in accordance with the apprcvals and conditions herein provided and to indicate such approvals and conditions Ul Don the records of the City. Section3. This esolution shall become effective immediately upon its adoption. The foregoing Res¢ Jtion was offered by Commissioner Holzberg, who moved its adoption. The motion w,~s seconded by Vice Mayor Cohen, and upon being put to a vote, the vote was as follo~ s: Commissione ' Arthur Berger absent Commissione ' Jay R. Beskin yes Commissione' Harry Holzberg yes Commissione' Jeffrey M. Perlow yes Commissione' Patricia Rogers-Libert yes Vice Mayor K ,~n Cohen yes Mayor Arthur Snyder yes PASSED AND ADO TED this 4th day of August, 1998, Arthur I. Snyder, Mayor AT,TEST:-~, ; Teresa M. Smith, CMC, Ci! ' Clerk APPROVED AS TO LEGAl SUFFICIENCY: CITY ATTORNEY Resolution No. 98-69 Page 5 This Resolution was filed in the Office of the City Clerk this 10th day of August, 1998. CITY CLERK L.~OAL DF. SCRIPTION Phn~ I Prop~r~ Fee P~l ~ of ~ L ~ ~t ~r ion of ~ R of ~ Pia~ of ~A D~ ~Y ~, a~g ~ ~e p~t ~er~ ~ ~ r~rd~ ~ P~t ~k 1~ at P~e 8~ ~ ~e ~Hc R~r~ of Dad~ ~, ~o~ 1 ~ ~rc p~ly d~m~ ~ fo~o~; ~ a ~e ~ ~, ~r of ~d ~ ~ ~o fo~ ~ (3) ~ ~.~ ~o~ ~C ~ l;n~ of S~}~ ~ ~ (1) ~e~ N ~1~' ~ ~ ~ f~t; (2) N 4~415~ W ~r 1~.~[ ~ (3) ~ S 8~'W for 5~.78 f~ S ~'14' B ~n.~ ~c ~ ~n of ~ ~c w~tefly ~c of s~d Tr~ L for 14Z~ f~2 ~ S ~' ~ ~o~ ~e w~t~rly ~c of ~d ~ L for 27~ ~t; ~ S 6~0'f~ W for 1~ 6.19 ~ t== S ~ff~ B [or 4~1 f~t to ~c sou~ ~ ~d ~aa ~ ~cnm N 8 ~ff~ B ~o~ ~c so~ ~e of smd T~a R ~d T~ L for ~61.~ fee~ ~ N ~1 ~' ~ ~ong ~c e~ ~ of ~d'~aa L for ~76.~ f~t to ~ OF ~d ~a for ~ ;.~, ~ 0v~, -.d~r ~ u~u h~-Bgc~ ~meut No. 1 a~ of ~ ~ ~-~ ~nt No. 2 ~ ~r ~ ~ L ~d ~-~ ~ ~ntN~ 1~ ~ ~t ~on~c Pla'of~D~- d~ ~ foHo~: ~rdm~ m ~ p~t ~er~ f ~ r~ ~ P~ B~k 144 ~ P~o ~ o~ ~ ~b~o R6~r~ og D~ ~nW, ~OH~ ~ ~ ~re p~y ~m~ ~ Page I of 2 Commence at the Nortl~ ~st corner of Tract L of said plat of "MARINA DEL RBY REVIS~ thence S 02°2~ '14' E along the Westcrly 1/ne of said Tract L for 69,13 fcct to the POINT OF I~GINNI~ [G of thc hcre~n~f:cr dcscfibcd p~rccl of bud; thence continue S 0F'24'14" E along thc pre ~ioasly dc.sm'bed Hne for $8~9 fcct; thcncc S 22~9'5;~" B along said Westerly linc of Tract L for 27.25 feet; thcncc S 6'F30'5§' W for 353.9~ fc~t; thgncc N 22029'$3' W for 36.22 fe .'t; thence S/VP~0'00' W for :~.18 foot; thence N 26029~J3, W for 23.31 feet to a pohlt of c ~s _-LrC; thence Northeasterly alollg 8. 75.00 foot tad/us leading to the r~ght through a cch ~ anglo of $6~42'$4* for .au arc of ?4.24 f¢ct to a point of rever~ curvature; thellc~ ]~Iorthcrly along a .f,0.00 foot radius curve le.~_!o..~ to th~ through a ccntraI __~m~e of 32'F2'10~ for an arc of 28.68 feet to a point of ~ngcncy; thealCe N 0203~'49' W for 25.00 flu t to a 1~. iht ol~ curvature; thenco'North~rly and Barfly along a 2433 foot tad/us l¢~aing to tho n~.ht thr/m~fl a ce~ral a.~e. Of 9T'47~.~ for an arc of 41~3 fcct to · poem of Umg~ ~ thence S 84'S1'24' P* for $2.5I feet to ~ po/hr of awvatur¢; th~m.~ Easterly along a 381 33 foot radius curve leaa;-~ to tho le~'t tkro~ob_ a ccntral angle of Z7019'29' for an arc of I4126 feet to a point of rcversc curvature; thcnce Ba.~crly along a 127.67 foot rad/us curvc I '.ading to the right thro~_]gh a ceniral angle of 4F'2~'00~ for an arc af 110.26 f.~t ~o the P/ ,INT OF AND LEGAL DES ~'FiON: 'BN'IRANCB ROAD' BASBMBNT A port/on of Tract R _~n_d Tract M of thc plat of 'MARINA DBL REY RBVISF. D'~ accordi,~g to the plat therco' i aa recorded/n Plat Book 144 at Pagc 89 of thc Public Records of Dad¢ County, Flodda, al [ beiug more particularly descn'bcd as follows: Bcgin at thc most Wcstefl,' Southwest co.m. er of said Tract R; the followix~ three (3) coursc$ be/ng along the e~,~ior boonda.-y l/nc of sa/d Tract R, (1) thencc N 02024'12' W for 7200 fect; (2) thence N: ~'P35'4~' E for 150.00 feet (3) thence N 02024'14' W for 23854 feet; thence N 87035'40~ It ~/ong a l/ne parallct ~_~4 15.00 feet South of thc North I/nc of s~ia Tract R far 6/8.16 fee! to the Northwest comcr of Tract L of said plat of ~/ARINA DF.L REY ~ the ace S 62~4'14' B along the Westerly line of sa/d Tract L for 85-~$ feet to a p~,~ ~n a c~ cular curve concave m thc South and whose radiu~ point bcars S $1'24'57~ W; !he_~e Non ~wesl~rly _~0 Souihwes~'.dy alon~ a 11~,67 foot r~,, cu~c !,'~4~ to thc left fl~m,,_ob ~ ccnu'al *~-~ of ~"~b".50 for an arc of 10633 fcet to ~ point ot reverse ctmmm~ the~ ~ _~-4 N~ ~ a ~9S33 f~t corec leadin~ to the r~h~ fl ~mgh a cenual an~ of 23°39'Z~ for an arc of 16~:23 fee~ to a ~ of ~nc~, th~co bl 81~31~ W f.o~ 130.01 fe~t; thence $ 8~3f'46' W for feo~ to a ~ ~ mrva~ur~; ~heuc~ Southwesterly & South~ly along a 90.00 foo~ radiu~ curve loafl!~ to the le~ fl~rough'a c~nual ~ of 9'P19'~0' for an arc of 15~- 89 fee~ to a point of rever~o Olxvaturo~ th¢l~co Southwesterly aloilg a L~I,~?, foot radius curvo to thc n~h~_ through a central angle of $6~'08' f~ an arc of I~0.77 feet; thonce S 02~30'00' ]~ for 18.30 ~.ce~ tho~lco S 8~)'00' W f~r 94.14 f~t tO a point on tho West H~e of said Tract M; then~ N 0Z~24'14~ W along sutd West ~ for 12A7 ~eet; thence S 87~.~"48' W ala~_g the S~ ,uth lln¢ of said Tract R for 1~0.00 feet to thc POINT OF BEGINNING. Page 2 of 2 LBGAL DF. SCPJPTION ~ of Trac~ M ~.~ t.b~t po, 5on of ~¥act ~ of ~ ~t of ~A D~ ~Y ~, ~d~ {o ~ p~t ~r~ [ ~ r~r~ ~ Plat ~k 1~ tt ~ 8~ of ~ ~R~ of D~e ~, ~fi~ a I ~g more p~}~dy d~ ~ ~e~ ~ ~e No~ t-~m~ of sdd ~ ~ ~d ~o~t ~r ~o ~ I/4 m~ of S~on ~d ~ w~ly ~ of'T~ l~ L of d ~ of ~ ~ ~ ~' for 14Z72 S 6~W56" W f~ 176.19 ~ $ ~o~ S ~W~ E for 47~1 f~t to ~ sou~ ~c ot ~ ~ ~o~ S ~W~ W ~o~ ~o mu~ ~ of ~d ~ g ~d ~ M for 217.~ Tm~ ~ 1) ~ W ~r 1~14 feeq 2) ~o~ S 8~0'~" W ~r ~6.64 N ~'~ W for ~ ~ct; 3) ~e~ N ~S'48" ~ ~o~ ~0.~ f~C 4) ~ ~'14" W for ~3J4 fccq ~ ~c~ N ~" E for 678.I6 to tho PO~ ~d ~ ~ M ~_.d l-~ ~ ~ No. ~ ~ ~-B~e~ ~c~ No. 3