2003-006RESOLUTION NO. 2003-06
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 an overall height of 55 feet measured from the bottom of the
base of the support structure to the top of the sign face, where the City Code provides
Resolution No. 2003-06
Page 2
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:
1) Plans shall substantially comply with that 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
4/23/02, 7/11/02, 9/27/02, 10/30/02 and 12/10/02, 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.
4) As proffered by the applicant at the November 21, 2002 City Commission
workshop meeting, the applicant voluntarily agreed to the imposition of a
Resolution No. 2003-06
Page 3
condition, herein imposed, to be further supported by applicant's recordable
covenant to the City, that no advertisement for "adult use" as defined in Section
31-21 of the City's Land Development Regulations shall be placed on the subject
sign.
5)
6)
As proffered by the applicant at the January 7, 2003 Commission meeting, the
applicant voluntarily agreed to the imposition of the condition, herein imposed, to
be further supported by the applicant's recordable covenant to the City, that the
variance granted by this Resolution shall expire on a date which is twelve years
after the date of adoption of this Resolution, to-wit: January 6, 2015 (the
"Expiration Date"), and Billboard No. 2, as modified and elevated pursuant to this
variance, shall be completely demolished and removed by the applicant or
applicant's successors on or before the Expiration Date.
The applicant shall provide its recordable covenant to the City that it and its
successors will not object to the existing or any future landscaping in the center
median of Biscayne Boulevard in the vicinity of the subject sign and confirming
irrevocably that the applicant has no objection to any existing City landscaping in
the FEC right-of-way at any location in the City.
7)
That the form and substance of the covenants described in Conditions
numbered 4), 5) and 6) above shall be subject to the approval of the City
Attorney. The covenants are required prior to permit issuance.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Grossman, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote,
the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Patricia Rogers-Libert no
Vice Mayor Harry Holzberg no
Mayor Jeffrey M. Perlow no
Resolution No. 2003-06
Page 4
PASSED AND ADOPTED this 7th day of January, 2003.
~F~SA M. s~,~,
~ CLERK~j)
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This,~. solution was filed in the Office of the City Clerk this
C~ ~LER~
dayJanuary, 2003
Resolution No. 2003-06
Page 5
EXHIBIT A TO RESOLUTION NO. 2003-06
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