2014-53 RESOLUTION NO. 2014- 53
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING CONDITION 5) OF THE
APPROVAL GRANTED THROUGH RESOLUTION NO. 2003-06
PASSED JANUARY 1, 2003, AS AMENDED BY RESOLUTION NO.
2005-70 AND RESOLUTION NO. 2007-23, TO EXTEND THE EXPIRY
DATE OF THE VARIANCE APPROVAL FROM JANUARY 6, 2015 TO
JANUARY 6, 2020 FOR THE COMMERCIAL ADVERTISING SIGN
LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE
BOULEVARD AND NE 203 STREET (IVES DAIRY ROAD), CITY OF
AVENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A";
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Clear Channel Outdoor Inc., was granted variance
approval by Resolution No. 2003-06 adopted by the City Commission of the City of
Aventura on January 7, 2003 to modify a commercial advertising sign, subject to certain
conditions contained in the Resolution; and
WHEREAS, the applicant was granted a modification of Condition 1) of
Resolution No. 2003-06, through Resolution No. 2005-70, to permit commercial
advertising on the southern most panel of the rear (west) face of the sign, where the
condition of Resolution No. 2003-06 provided that no advertising other than a
"Welcome to the City of Aventura" sign may be placed on the rear face of the sign; and
WHEREAS, the applicant was granted a modification of Condition 2. of
Resolution No. 2005-70, through Resolution No. 2007-23, to permit commercial
advertising on the entire rear (west) face of the sign; and
WHEREAS, the applicant is requesting, through Application 01-MRC-14,
modification to Condition 5) of Resolution No. 2003-06 to extend the expiry date of the
variance approval from January 6, 2015 to January 6, 2020; and
Resolution No. 2014-53
Page 2
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. The applicant's request to modify Condition 5) of Resolution No.
2003-06 from:
"5) 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."
to:
"5) As requested by the applicant through Application No. 01-MRC-14, the applicant
voluntarily agrees 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 January 6, 2020 ("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."
on property legally described in Exhibit "A" to this resolution, is hereby approved subject
to the following conditions:
1. That the applicant record, at its expense and in a form satisfactory to the City
Manager and the City Attorney, a modification to the covenant recorded
pursuant to Resolution No. 2003-06 to extend the expiry date from January 6,
2015 to January 6, 2020, and
2. That all conditions of Resolution No. 2003-06, Resolution No. 2005-70 and
Resolution No. 2007-23 which are not revised through this approval shall remain
the same and in full force and effect.
Resolution No. 2014-53
Page 3
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.
Section 4. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Howard Weinberg yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
Resolution No. 2014-53
Page 4
PASSED AND ADOPTED this 7th day of October, 2014.
AA2TILYal
11 �N GO LIEB, MAYOR
ATTEST:
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CY RESA M. ARO A , MMC
CLERK
APPROVED AS TO EGAL 9'QFFICIENCY:
Fli(
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 0 day of October, 2014.
iITY CLERK
Resolution No. 2014-53
Page 5
Exhibit "A"
Legal Description of Lands
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 % 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 to the point of beginning.
Thence N 02 degrees W, 140.18 feet southeasterly and 311.84 feet, thence S 02
degrees E 200 feet southeasterly and 313.20 feet; thence S 02 degrees E, 400 feet
southeasterly and 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly
City of Aventura, Miami-Dade County, Florida