HomeMy WebLinkAboutZB 02-09-09 Backup DocumentstTY pF ZAV ,
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February 9, 2009,
Miami Zoning Board
Backup Documentation
TEW • CARDENAS LLP
A T T O R N E Y S A T L A W
MIAMI • TALLAHASSEE • WASHINGTON DC
A4iA\DA L. QUIRKS
WRITEVS DIRECT L;INI : 305.536.8216
E-MAIL: AQ@ teevEa w.coffi
December 19, 2008
Ms. Teresita Fernandez
Clerk of the Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
FOUR SEASONS TOWER
15TH FLOOR
1441 BRICKELLAVENUE
MIAMI, FLORIDA 33131-3407
T 305.536.1112
F 305.536.1116
W W W.TEWLAW. COM
Re: NOTICE OF APPEAL - Building Permit Application for
Construction of Billboard at 1330 NW 2"d Ct.
Dear Ms. Fernandez:
Please consider this as a notice of appeal' of the denial of a building permit for a
sign located at 1330 NW 2Hd Ct. ("the Mary Mays Sign") by the Zoning Administrator,
Lourdes Slazyk. On November 5, 2008, Outlook Media of South Florida LLC
("Outlook") submitted an application for a building permit for the Mary Mays Sign. On
November 14, 2008, Outlook filed a petition for writ of mandamus ("the Petition"),
requesting an order directing the City to process and issue a building permit for the Mary
Mays Sign (attached as Exhibit A). It is a ministerial act to issue the building permit,
because Outlook has met all of the requirements for a permit for an outdoor advertising
sign, as asserted in the Petition.
The City now asserts several bases for the denial of the application for the Mary
Mays Sign in the notice of denial dated December 8, 2008 (attached as Exhibit B).
However, the proper venue for these arguments is in response to the Petition currently
pending in the I tt" Circuit. Without waiving any rights, remedies, or arguments to be
asserted in the pending action in the l It" Circuit, Outlook responds as follows:
Waiver
The City has waived any right to assert that the joinder of CBS Outdoor Inc. is
required in the building permit action, or that a partial assignment of any rights requires
the approval of the City Commission. In fact, the City states in the December 8, 2008
letter that CBS Outdoor authorized Outlook in writing to file applicatiopATc .9 ft2a 3
'A petition for a writ of mandamus was filed on November 14 2008, to require the City of Miami to
process the application and issue a building permit for the Mary Mays Sign. Outlook hereby files this
appeal of the denial issued by the zoning administrator, without waiving any arguments, rights, or remedies
asserted in the petition for writ of mandamus.
" M DE, 19 Pm 2.06
Ms. Teresita Fernandez
December 19, 2008
Page 2of3
The City signed the local government permission section of FDOT Form 575-050-04 on
June 12, 2008, certifying that the outdoor advertising sign is "in compliance with all duly
adopted local ordinances and has been or will be issued the necessary permits."
Subsequently, FDOT issued a permit for the Mary Mays Sign, FDOT Tag # CG 920 and
CG 921.
The City cannot now assert that the sign is not in compliance with the ordinances
and agreements pertaining to outdoor advertising signs- the City has waived that
argument by affirmatively stating that the outdoor advertising sign is "in compliance with
all duly adopted local ordinances and has been or will be issued the necessary permits."
Compliance with all requirements
The Settlement Agreement with CBS Outdoor provides that CBS shall receive
credit for all signs listed in Exhibit C to the agreement. Therefore, signs have already
been removed to provide credit for the issuance of a permit for the Mary Mays Sign. The
permit fee is due at the time of issuance, and Outlook is ready and willing to bring a
check for the pen -nit fee immediately upon issuance of the permit for the Mary Mays
Sign.
October 24, 2008 Letter from CBS Outdoor
Apparently, CBS Outdoor sent a letter on October 24, 2008, withdrawing the
Mary Mays Sign as a location for an outdoor advertising sign under the CBS Settlement
Agreement (attached as Exhibit Q. However, as noted in the December 8, 2008 letter,
CBS Outdoor is not an applicant for the building permit for the Mary Mays Sign -
Outlook and Mary Mays are the applicants. Therefore, CBS Outdoor does not have
authority to withdraw the building permit application.
Furthermore, the City acknowledges the agreement dated June 10, 2008 between
CBS Outdoor and Outlook (the "Mary Mays Agreement"). The Mary Mays Agreement
provides that "neither [Outlook] nor CBS will build, sell, convey, lease, or in any other
way seek to gain monetary consideration with respect to the [Mary Mays] Lease and the
Permit(s) without the prior written approval of the other party." The City cannot rely on
the Mary Mays Agreement as a basis for the previous grant of local goven-iment
permission, without recognizing the section of the agreement that prohibits either party
from interfering with the Mary Mays Lease and Permit(s). In fact, the City tried to
previously assert that local government permission for the Mary Mays Sign was granted
in error. However, Outlook appealed this decision to the Zoning Board, and prevailed
(See Resolution dated October 20, 2008, attached as Exhibit D).
The City has previously granted local government permission based on the Mary
Mays Agreement, which has been affirmed by the grant of the appeal by the zoning board
on October 20, 2008. The City cannot rely on the Mary Mays Agreement as a basis for
the previous grant of local government permission, and completely ignore the provision
that prohibits CBS Outdoor from interfering in any manner with the Mary Mays Sign.
"08 DEC 19 FM .06
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Ms. Teresita Fernandez
December 19, 2008
Page 3 of 3
Consequently, the letter dated October 24, 2008 has no effect on the building permit
application for the Mary Mays Sign submitted by Outlook.
For the aforementioned reasons, Outlook has clearly met all prerequisites for the
issuance of a building permit for the Mary Mays Sign, as asserted in the Petition. In
accordance with Section 1800 of the City Zoning Code, any aggrieved party may appeal
to the zoning board. Outlook is undeniably an aggrieved party of this denial by the
zoning administrator, and has standing to appeal this decision.
Therefore, pursuant to Section 1800 et seq. of the Zoning Code, Outlook has
submitted this notice of appeal, to preserve any rights, arguments, or remedies related to
the denial of the application for a building permit for the Mary Mays Sign by the zoning
administrator. However, Outlook looks forward to making these arguments in the
pending action in the l ltl' Circuit.
Sincerely,
aj&��
Amanda L. Quirke
cc: Santiago D. Echemendia
'09 DEC 19 Ptd 2. 06
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
OUTLOOK MEDIA OF SOUTH FLORIDA LLC.,
Petitioner,
v.
CITY OF MIAMI,
Respondent
I
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR MIAMI -DADS COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO,
VERIFIED PI UITION FOR WRIT OF MANDAMUS
Petitioner, Outlook Media of South Florida, LLC ("Outlook"), hereby files this Petitioner for a
Writ of Mandamus directing the City of Miami ("City") to process and issue building permit
applications for outdoor advertising signs located at 1700 SW 3rd Avenue (the "Sevennine Sign")
and 1330 NW 2nd Court (the "Mary Mays Sign"), and states in support;
PARTIES AND JURISDICTION
1. Petitioner, Outlook Media of South Florida, LLC ("Outlook"), is a Florida Limited
Liability Company duly organized under the laws of the State of Florida.
2. Respondent, City of Miami (the "City"), is now, and at all times mentioned in this
petition has been, a municipal corporation duly organized and existing under the laws of
the State of Florida, located in Miami -Dade County, Florida,
3. This is a petition for the issuance of a writ of mandamus, and thus jurisdiction in this
Court is proper,
4. This is an action involving building permit applications filed for property located in the
515708A
City of Miami, and thus venue is proper in this court.
Taw CARDENAS LLP
Pour Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 - 305-53&1112
GROUNDS FOR ISSUANCE OF WRIT
5, On November 5, 2008, Lee Beekman, agent for Outlook, delivered an application to the
City building department for a building pennit for the Mary Mays Sign, A copy of the
building permit application for the Mary Mays Sign is attached as Exhibit A,
6, On November 10, 2008, Lee Beekman, agent for Outlook, delivered an application to the
City building department for a building permit for the Sevennine Sign. A copy of the
building permit application for the Sevennine Sign is attached as Exhibit B.
7, Upon information and belief, the applications for the Mary Mays Sign and the Sevennine
Sign were sent to the City of Miami Planning and Zoning Department, and are not being
processed as of the date of this petition,
Requirements for an Outdoor Advertising Sign
8, The City of Miami has adopted a Sign Code, including Article 10 and Section 926 of the
City of Miami Zoning Code (the "City Code"), a true and correct copy of which is
attached as Exhibit C,
9. All applications for sign pennits, in accordance with Section 103.4.1 of the City Code,
shall be made on forms provided by the City, and include the following information:
a. Name, address and telephone number of the applicant;
b. Name, address and telephone number of the sign owner;
c, Location by street number, and legal description (tract, block, lot) of the building,
515708,1
structure, or lot to which or upon the sign is to be installed or affixed;
d, A drawing to scale showing the design of the sign, including the dimensions, sign
size, method of attachment, source of illumination, and showing the relationship
to any building or structure to which it is, or is proposed to be, installed or placed,
or to which it relates;
e. A fully dimensional plot plan, drawn to scale, indicating the location of the sign
relative to property line, right-of-way, streets, sidewalks, andother buildings or
structures on the premises;
f, Number, size and location of all existing signs upon the same building, lot or
premises, if applicable; and
TEW CARDENAS LLP
Four seasons Tower, 15th Floor, 1441 13rickell Avenue, Miami, Florida 33131-3407 - 305-536-1112
10. In accordance with Section 10.1.4.3, included in Exhibit C, the City shall ensure
compliance with the South Florida Building Code, and compliance with the following
criteria:
a. The size and area of the signs comply with the specifications set forth for the type
of sign and the zoning district in which the sign is to be located; and
b. The signs comply with location standards on the subject property or structure as
specified herein..
Outlook has Satisfied the Criteria for Issuance of the Mary Mays Sign Permit
11. Outlook has satisfied the requirements of Section 1.0.1.4.1 for the Mary Mays Sign,
outlined in Paragraph 8 of this Petition, as follows:
a. Items listed in Paragraph 8 (a) -(c) and (f) are included on Page 1 of Exhibit A.
b. The design drawing referenced in Paragraph 8(d) is included on Page 9 of Exhibit
A.
c. The plot plan referenced in Paragraph 8(e) is included on Page 8 of Exhibit A
12. The City has confirmed that the application for the Mary Mays Sign meets the criteria set
forth in Section 10.1.4.3, as evidenced by the "Local Government Portnission" section of
the FDOT Form 575-070-04, included as Page 4 of Exhibit A. On June 12, 2008,
Lourdes Slazyk, City Zoning Administrator, signed the form confinning that the Mary
Mays Sign "is in compliance with all duly adopted local ordinances and has been or
will be issued the necessary permits."
Outlook has Satisfied the Criteria for Issuance of the Sevennine Sign Permit
13. Outlook has satisfied the requirements of Section 10.1.4.1 for the Sevennine Sign,
outlined in Paragraph 8, as follows:
a. Items listed in Paragraph 8 (a) -(c) and (f) are included on Page 1 of Exhibit B.
b. The design drawing referenced. in Paragraph 8(d) is included on Page 7 of Exhibit
B,
c. The plot plan referenced in Paragraph 8(e) is included on Page 6 of Exhibit B.
14. The City has confirmed that the application for the Sevennine Sign sleets the criteria set
forth in Section 10.1.4.3, as evidenced by the "Local Govenurlent Pen-nission" section of
the FDOT Foran 575-070-04, included as Page 3 of Exhibit B. On June 26, 2008,
Lourdes Slazyk, City Zoning Administrator, signed the form confirming that the Mary
515708.1
Tcw CARDYNAS LLP
Four Seasons Tower, 15111 Floor, 1441 Brlckeli Aveaue, Miami, Florida 33131-3407 - 305-536-1112
Mays Sign "is in compliance with all duly adopted local ordinances and has been or
will be issued the necessary permits."
15, The City has a legal duty to process and issue building permits for outdoor advertising
signs, in accordance with Section 10.1,6 of the City Code, which states as follows:
A sign permit may be approved by the planning and zoning department if the
criteria set forth in section 10,1,43 herein has been met, all other necessary
approvals, if any, have been obtained and all required fees have been paid.
Upon compliance with all of the requirements set forth herein, the planning
and zoning department shall review the proposed sign pen -nit application and
render a decision no later than ten (10) days from such compliance, unless a
special permit is required; in the case of a special permit, the time limitations
for such special permit shall apply,
16. Since Outlook has met all the criteria for issuance of a building permit for the Mary Mays
Sign and the Sevennine Sign, there is no room for the exercise of discretion, and the
issuance of the building permits for the Mary Mays Sign and the Sevennine Sign are
ministerial acts. RHS Corp. v. City of Boynton .Beach, 736 So. 2d 1211 (Fla. 4"' DCA
1999).
Outlook is Entitled to a Writ of Mandamus Directing the
Issuance of Permits for the Mary Mays Sign and the Sevennine Sign
17. It is well settled that a writ of mandamus may be issued directing the City to issue the
building permits where the legal requirements are met and no element of discretion
remains. Charlotte County v, Vetter, 863 So,2d 465, (Fla. 2d DCA 2004),
18. Pursuant to Section 10.1.6 of the City Code, the City has a clear legal duty to review
applications and issue pennits for outdoor advertising signs which meet the requirements
of Article 10 and Section 926 of the City Code,
19. Outlook has a clear legal right to the issuance of the permits for the Mary Mays Sign and
the Sevennine Sign, because the City has confirmed the aforementioned signs are "is in
compliance with all duly adopted local ordinances and has been or will be issued the
necessary permits." See Exhibit A, page 4; Exhibit 13, page 3.
20, Outlook has no other legal remedy, because the City has refused to process the permit
applications for the Mary Mays Sign and the Sevennine Sign, Therefore, Outlook has no
515708,1
TFw CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
decision to appeal or any other legal remedy to direct the City to process and issue the
permits for the Mary Mays Sign and the Sevennine Sign,
WHEREFORE, Outlook respectfully requests that this Court issue a writ of mandamus directing
the City of Miami to process and issue building permits for the Sevennine Sign and the Mary
Mays Sign, andsuch other relief as this Court deems just and proper,
515708,1
TEW CARDENAS LLP
Four Seasons Tower, 1501 Floor, 1441 13rickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
VERIFICATION
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared / E &ckmpfn)_'
who, after being duly sworn., deposed and stated as follows:
1. He is the agent of Outlook Media of South Florida, LLC.
2. He has read the above and foregoing allegations set forth in Paragraphs 5-7, 11
and 13, and confirms that the facts recited therein are true and correct.
Lee Beelcman
The foregoing instrument was acknowledged before me this 1jlr�day of)d ,
--rc
2008, by 6Qe &t k— M Ak) , who is personally known to me or has
produced �EL ; % Z�SZ 1 M -0 as identification,
Notary Pu
515708,1
Type, Print or Stamp Name
My Commission Expires:
yt1Y'p' Yanet Godoy
,� =Commission #DD517622
~Expires; FEB, 13, 2010
0414111 0 wwwAARQNNoTAHY,cam
TEE CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Rrickell Aveinie, Miami, Florida 33131-3407 • 305-536-1112
515708.1
Respectfully submitted,
Tew Cardenas LLP
Attorneys for Plaintiff
Four Seasons B 1511' Floor
1441 Brickell Avenue
Miami, Florida 33131-4331
Telephone No,: (305) 536-1112
Facsimile No.: (305) 536-1116
By: &Q4ztltl"_
Amanda L. Quirke
Florida Bar No, 0026838
'IOW CARDENAS LLP
Four Seasons Tower, 151h Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 30S-536-1112
12/12/2008 13:58
'I
8775489120
Mary E. Mays
17326 N, W. 6191 Place
Miami, FL 33015
(Ilitg of ffliami
December 8, 2008
Outlook Media of South Florida, ILC
2295 S. Hiawassee Rd., 4203
Orlando, FL 32835
PAGE 02
PEDRO G, HERNANDEZ, P.E.
City Manager
CERTIFIED MAIL
RETURN RECEIPT (S } R]�Q44STED
7006 2760 0001 5320 2766
7006 2760 0001 5320 2773
Re: Building Department Permit Application for Construction of billboard
Job Site: 71330 NW 2"d Ct., Miami, FL
Mary Mays Site
Gentlemen:
The Building Department is in receipt of a ,Permit Application, received
November 5, 2008, for the construction of a billboard at the above -referenced location.
This application is denied for the following reasons:
Section 10.4.5 of the Miami Zoning Ordinance provides as follows:
.10.4.5, Outdoor advertising signs; new signs of outdoor
advertising prohibited.
For the purposes of this section, "Outdoor advertising
signs" are signs used in the conduct of the outdoor
advertising business; an outdoor advertising
business, for the purpose of this section, is defined
as the business of receiving or paying money for
displaying signs where the sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is
displayed and which does not identify the place of
business as purveyor of the merchandise or services
advertised on the sign,
Exee-ot as otherwise provided in Articles 4 and 10 and/or
the City Code, or. pursuant to this subsection, no
DEPARTMENT OF ZONING
444 S.W. 2nd Avenue, 4"' Floor, Miami, FL 33130 (305) 416-1499 Telecapier (305) 416-1490
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
12/12/2008 13:58 8775489120
Mary E. Mays
i Outlook Media of South Florida, LLC
December 8, 2008
I'
Page 2
new freestanding "Outdoor advertising signs," as
defined above shall be allowed.
With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinance
11000 adopted in 1990, the Zoning Ordinance of
the City of Miami, and dealing with "Outdoor
advertising signs," is hereby repealed to the extent it
is inconsistent with any provision contained in this
Article. Nothing, however, in this Article shall
affect those provisions of Section 926.15 requiring
the termination and removal of freestanding outdoor
advertising signs from the premises on which they
were located not later than five (5) years following
the date they became nonconforming as a result of
the passage of Ordinance No. 11000 in 1990, and
such provisions shall continue to be operative and
given full force and effect. Moreover, nothing in
this Article shall affect any legal proceedings begun
and all legal proceedings that might have been
i begun under these provisions of Ordinance No.
11000, as adopted in 1990, and such proceedings
shall be given full force and effect.
Notwithstanding any provision of this Zoning Ordinance to
the contrary, permits for outdoor advertising signs
may be issued pursuant to a Settlement Agreement
I authorized by Resolution passed by the City
Commission, in conjunction with the settlement of
related litigation, which expressly authorizes
issuance o£ Such permits for said outdoor
advertising signs, and then only under the terms and
conditions of settlement ggreernents that result in a
net reduction'in the party to the settlement's number
of outdoor advertising si s located in the City of
Miami,
PAGE 03
Consequently, no new "Outdoor advertising signs" are permitted in the City of
Miami (hereinafter the "City") except pursuant to a Settlement Agreement authorized by
the City Commission that results in a net reduction in the number of "Outdoor advertising
signs" located in the City. The City Commission authorized such a settlement agreement
with CBS Outdoor, Inc. (hereinafter "CBS"), on April 28, 2008.
Under paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Transportation (hereinafter "FDOT")
12/12/2008 13:58 8775489120
I
PAGE 04
�I Mazy E. Mays
Outlook Media of South Florida, LLC
December 8, 2008
Page 3
i
regulations for any Outdoor advertising sign constructed under the Settlement
Agreement. FDOT requires a permit for the construction of Outdoor advertising signs, to
enforce their spacing regulations. FDOT requires the applicable municipality to sign -off
on the permit prior to its issuance.
On May 2, 2008, CBS authorized Outlook. Media of South Florida, LLC.
(hereinafter "Outlook Media"), to file applications for outdoor advertising sign permits
with FDOT on CBS' behalf, and notified the City of that authorization. (See letter
attached as Exhibit "A").
On June 10, 2008, CBS and Outlook Media entered into a Letter of
Understanding concerning the above -referenced site. That letter acknowledged that
Outlook Media would be submitting an FDOT Outdoor Advertising Application to the
City for the above -referenced location, pursuant to authority granted in the CBS'
Settlement Agreement with the City, (See letter of understanding attached as Exhibit
"B").
On June 12, 2008, pursuant to CBS' written authorization of May 2, 2008, the
City executed a FDOT Application for Outdoor Advertising Sign Permit for the above -
referenced site, indicating that the Outdoor advertising sign identified in the Application
"[i]s in compliance with all duly adopted local ordinances and has been or will be issued
the necessary permits." (See FDOT Permit Application attached as Exhibit "C").
Subsequently, FDOT issued Florida Sign Permits to Outlook Media for this site (See
FDOT Permits CG 920 & CG 921 attached as Exhibit "D-1 & D-2").
Under paragraph 19(f) of the CBS Settlement Agreement, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only after
any attempted assignment is approved in writing by the City Commission. Any
attempted assignment in violation of these requirements is void. The City has not been
provided with any evidence that CBS has assigned its rights under the CBS Settlement
.Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment.
Subsequently, on October 24, 2008, CBS notified the City in writing, through its
attorney, Glenn N. Smith, Esq., of Ruden, McClosky, et al., that, pursuant to the CBS
Settlement Agreement, and its previous authorization to Outlook Media to file
Applications for Outdoor Advertising Permits with FDOT on CBS' behalf, it was
withdrawing the above -referenced site as a location for an Outdoor advertising sign under
the Settlement Agreement (See letter of October 24, 2008 attached as Exhibit E).
On November 5, 2008, Outlook Media, as lessee, and Mary E. Mays, as owner,
submitted the subject Permit Application for an Outdoor Advertising Sign at the above -
referenced site, without providing any evidence of: (a) CBS' consent to, approval of, or
joinder in, the Application; (b) an assignment of rights in the CBS Settlement Agreement
to Outlook Media approved by the City Commission; and/or (c) the satisfaction of the
12/12/2008 13:58 8775489120 PAGE 05
Mary E. Mays
Outlook Media of South Florida, LLC
December 8, 2008
Page 4
other requirements for the erection of an Outdoor advertising sign under the CBS
Settlement Agreement, including, but not limited to, the applicable sign removal
requirements and permit fees. These material omissions prevent us from, taking any
further action at this time except to deny the Permit Application.
Because of the City's denial of this Permit Application for the reasons set forth
above, this Application has not been reviewed by the necessary disciplines.
Consequently, the City reserves the right, should it be necessary in the future, to assert
any other deficiencies, technical or otherwise, that may exist in this Permit Application.
Should you have any questions, please do not hesitate to contact me. Thank you.
Sincerely,
Cdes Slazyk
oning Administrator
150615
12/12/2008
II
13:58 8775489120
MClo
d1csky
October 24, 2008
'V'ia E -M -oil ,and U.3 Mail
Warren Bittner, Esq.
Assistant City Attorney
City of Miami - City .Attorney's Office
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130-1910
PAGE 11
200 EAST BROWARD BOULEVARD
SUITE 1 S00
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE ®OX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
FAX: (954) 333-4066
GLENN -SM ITHORUDEN.COM
Re: City of Miami ("City") / CBS Outdoor, Inc, ("CBS") Settlement Agreement
Dear Watxezl.:
Attached hereto is a list of the sites for which CBS, or Outlook on CBS's behalf, has
previously submitted FDOT applications to the City (with one exception) for the City's approval
in order that state permits may be obtained. The list contains four categories, as follows:
1. Categories 1 and 2 identify sites for proposed initial Amended Permits and
proposed Amended Permits, Each of these sites is permittable under FDOT Mes in that each
site meets the 1500 foot spacing requirement,
2. Category 3 contains sites which are under consideration by CBS and for which
there are pending state issues. For instance, many of them would only be permittable if 1000
foot spacing is approved by the legislature. Another site is the subject of an appeal concerning
the issuance of a state permit.
3. Category 4 is a list of the sites which are being withdrawn by CLS,
We ask that Orlando and Peter immediately review this list and inform us of any issues
that may exist as to each site, Additionally, we assume that the FDOT application for the
Lurnmis site can now be signed off by the City. In this regard, we ask that Peter have the
appropriate official sign off on the CBS application for this site.
FTL:2940043:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
.0k.ON • CARACAS • FT, LAUDERDALE • MIAMI • NAPLES • OMANIDO • ►OXT Sr, LUCIE • SARASOTA • ST. PETWAURG • TAUA MME • TAMPA - WEBT TAIM BEACH
12/12/2008 13:58 8775489120
Ic
Page 2
Please contact me if you have any questions.
Sincerely,
I Aj-, -
Glenn N. Smith
GNS:lad
Enclosure
CC: Mr. J. C. Clements
Mr. Joe Little
Mr. Billy Long
�I Mr, Ed Scherer
Veronica Xiques, Esq.
FTL:2940043:1
I
I
RUDEN, McCLOSKY, SMITH, SCHUSTER &RUSSELL, P.A. _
I ROCA LATON - CARACAS - F1. LAUDERDAU • MIAMI • NAPLES • O&IANDO • PORT ST. LUCIE • SARASOTA • ST, Fj%MURC - TAL AHA66EB • TAMPA - WEST PAULA BEACH
PAGE 12
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i G-1
Yes
This kcatton would crave to be removed
i! O 4A) is c�atrurhgd.
10
Smnnine LLC
1700 SW 3rd Ave
01-413&DD1 2070
Gt
I i
T Dave Edism)
OM NW 61h Ct
0131 1 3-06 7-0030
C-1
12
["W
sew NW 65th ST
0101-W13-025-010D01-W13-025-010DG1
13
Srebrrick LLC Austin Bu*a
545 NW 2ftST
013125-025-0320
1
14
6atcehotrse
561 NW 32r1d St
01-3125-026 630
GA
15
Corkem Cora wbxs
421x1 NVTM Ave
01-3124-OD3-1440
C-1
16
GT Used Tnrjm
698 NW 23rd ST
01-3125-035.0350
1
17
Elks
4945 NW 71h Ave
013124-001-0340
C- 1
18
a1Muni Gimn Park
360 NW 13th ST
01 13&-1156-0010
PR
19
Tanaka
570 NW 671st SI
01-3113-025-0041
C-1
rm
New- FOOT fonot previously
submfttsd to CIfy
Pr ist Ovmer
#
%nb i GakmmY
Withdraw
345 NE ST LLC F§io wj*
345 NE 36 ST
13 -2190 -COO -080
I G1
Www
Carr Paxt"ers
329-334 r
01-4137-036-0020
C-1
Yes
Witrdraw
1390 NW lid Court
013136-036 20
1 C-1
Yes
Monday, October 20, 2008
Mr, Cornelius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD GRANTED THE APPEAL BY HARKLEY R.THORNTON
OF THE ZONING ADMINISTRATOR INTERPRETATION [GATED AUGUST 21, 2008,
REGARDING THE REVOCATION OF THE "OUTLOOK MEDIA OF SOUTH FLORIDA,
LLC" SIGN PERMIT,
Upon being seconded by Ms. Ileana Flernandez-Acosta,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
No
Mr. Ron Cordon
Away
Mr. Joseph H. Ganguzza
Away
Mr, Charles A. Garavaglia
Yes
Ms, lleana Hernandez -Acosta
Yes
Mr, Lazaro Lopez
Yes
Mr. Juvenal A. Pina
Yes
Mr, Cornelius Shiver
Yes
Mr. Richard Tapia
Yes
Mr.:Hggel. U.faul.4..1a....
Yes
AYE:
7
NAY:
1
.......................................... .... ....................... ..................... ..................................... .................
..... .................................................. .
ABSTENTIO S`.
................................................
NO VOTES:
0
ABSENT:
2
Ms, Fernandez: Motion passes 7-1
Teresita L. Fernandez, Executive cretary
Hearing Boards
File ID#: 08-01081za Z.5