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2015-67 Sign Variance - City National Bank (2999 NE 191 Street) RESOLUTION NO. 2015-67 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR CITY NATIONAL BANK ON PROPERTY LOCATED AT 2999 NE 191 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the Applicant, City National Bank, through Application No. 01-SV- 16, has requested a variance from Section 31-191(j)(2)(c) of the City Code to permit one wall sign measuring 343.45 square feet, where two wall signs measuring 186 square feet each or 372 square feet in total area are permitted by Code, to be located on the north building elevation of the Aventura View office building at 2999 NE 191 Street, City of Aventura; 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 No. 01-SV-16 for Sign Variance to permit one wall sign measuring 343.45 square feet in area on the north elevation of the Aventura View office building parcel at 2999 NE 191 Street, City of Aventura, legally described in Exhibit "A" to this Resolution, is hereby granted to City National Bank, subject to the following conditions: 1. That the sign substantially complies with the plan submitted with this application, prepared by Interstate Sign Crafters Florida dated September 30, 2015; and City of Aventura Resolution No. 2015-67 2. As proffered by the applicant in the Letter of Intent attached as Exhibit #1 to the staff report, and as authorized by the property owner, no future variance will be requested to allow more than one (1) wall sign of approximately 344 square feet to be affixed to the building at a height of six to ten stories high, unless the City Code is amended in the future to allow more wall signage than presently permitted by Code or unless the 344 square foot wall sign is removed; and 3. This resolution shall be recorded in the Public Records of Miami-Dade County, at the expense of the applicant. A recorded copy shall be provided to the City prior to issuance of a sign permit. Section 2. 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. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Weinberg, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Absent Page 2 of 4 City of Aventura Resolution No. 2015-67 PASSED AND ADOPTED this 3rd day of November, 2015. VICE MAYOR c4jiv-* ATTEST: ELLISA L. HORVAgrMAITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORN Y P This Resolution was filed in the Office of the City Clerk this 3 day of N?)\� . , 2015. ELLISA L. HORVAT C, CITY CLERK Page 3 of 4 City of Aventura Resolution No. 2015-67 Exhibit "A" Legal Description of Property PARCEL 1: A portion of Tract II of Fifth Addition Biscayne Yacht and Country Club, according to the plat thereof as recorded in Plat Book 99 at Page 20 of the Public Records of Miami-Dade County, Florida, more particularly described as follows: Beginning at the Northwest corner of said Tract II; thence N 87°32'00" E along the north line of said Tract II for 334.64 feet to a point of curve; thence Northeasterly along the arc of said curve to the left having a radius of 5829.58 feet and an central angle of 0°42'04" for an arc distance of 71.33 feet to a point on the arc of a curve concave to the Northeast, said point bears N 9°50'42" W from the center of said curve; thence Southeasterly along the arc of said curve to the left having a radius of 1290.92 feet and a central angle of 9°08'59" for an arc distance of 206.15 feet; thence N 83°59'09 E for 158.32 feet to a point; thence S 02°27'24" E for 157.27 feet to a point; thence N 87°32'36" E for 125.00 feet to a point; thence S 02°27'24" E for 56.00 feet to a point on the south line of said Tract II, thence S 87°32'36" W along the south line of said Tract II for 220.73 feet; thence S 87°32'36" W along the south line of said Tract II for 670.25 feet to the southwest corner of said Tract II; thence N 2°58'20" W along the west line of said Tract II for 229.93 feet to the point of beginning; Less the south 35 feet of the west 70 feet of said Tract II conveyed to Miami- Dade County for highway right-of-way. Together with the benefit of the following: Easement for the installation, operation, maintenance, repair and/or replacement of (a) sub- surface pipes, lines and conduits to provide reasonable quantities of water, electricity, gas, telephone service, storm water, drainage, sewerage and sanitation facilities, and (b) a surface storm drainage to carry away storm drainage created by that certain non-exclusive Mutual Grant of Easement and Sanitary Lift Station Agreement filed December 24, 1984 at Official Records Book 12363, page 1680, as extended and modified by that certain non- exclusive Grant of Easement and Sanitary Lift Station Agreement filed February 28, 1986 in Official Records Book 12805, Page 2214, subject to the terms and provisions thereof. PARCEL 2: A parcel of land in Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, more particularly described as follows: Commencing at the southwest corner of the right of way of State Road 852 as recorded in OR Book 7001, Page 721 of the Public Records of Dade County, Florida; thence N 87°32'00" E, 115.00 feet to the point of beginning; thence N 2°28'0" W, 101.51 feet to an intersection with a non-tangential curve, concave to the northeast, having a tangent bearing of S 66°27'16"e and a radius of 1290.92 feet; thence southeasterly for 308.64 feet along said curve through a central angle of 13°41'5" to an intersection with a non-tangential curve, concave to the north, having a tangent bearing of S 86°50'00" W and a radius of 5829.58 feet; thence westerly for 71.21 feet along said curve through a central angle of 0°42'00"; thence S 87°32'00"W, 219.64 feet to the point of beginning. Page 4 of 4 ! !1111111!11111111111! 11111 Bill Il!!1 lI111111 C:FN 2015Rn784282 nR BK 2986 Pas 1424-1427 (4P3s) RECORDED 12!11/2015 1i:49:D1, 4t�RVEY RUVIN? CLERK OF COUR1' RESOLUTION NO. 2015-67 MIA7II-DAD[ COUNTY; FLORIN - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR CITY NATIONAL BANK ON PROPERTY LOCATED AT 2999 NE 191 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District, and WHEREAS, the Applicant, City National Bank, through Application No. 01 -SV - 16, has requested a variance from Section 31-1910)(2)(c) of the City Code to permit one wall sign measuring 343.45 square feet, where two wall signs measuring 186 square feet each or 372 square feet in total area are permitted by Code, to be located on the north building elevation of the Aventura View office building at 2999 NE 191 Street, City of Aventura; 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 No. 01 -SV -16 for Sign Variance to permit one wall sign measuring 343.45 square feet in area on the north elevation of the Aventura View office building parcel at 2999 NE 191 Street, City of Aventura, legally described in Exhibit "A" to this Resolution, is hereby granted to City National Bank, subject to the following conditions: 1. That the sign substantially complies with the plan submitted with this application, prepared by Interstate Sign Crafters Florida dated September 30, 2015; and City of Aventura Resolution No. 2015-67 2. As proffered by the applicant in the Letter of Intent attached as Exhibit #1 to the staff report, and as authorized by the property owner, no future variance will be requested to allow more than one (1) wall sign of approximately 344 square feet to be affixed to the building at a height of six to ten stories high, unless the City Code is amended in the future to allow more wall signage than presently permitted by Code or unless the 344 square foot wall sign is removed; and 3. This resolution shall be recorded in the Public Records of Miami -Dade County, at the expense of the applicant. A recorded copy shall be provided to the City prior to issuance of a sign permit. Section 2. 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. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Weinberg, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman Pejo coup, •1 ti�or Yes Yes Yes Yes Yes Yes Absent Page 2 of 4 City of Aventura Resolution No. 2015-67 PASSED AND ADOPTED this 3rd day of November, 2015. VICE MAYOR ATTEST:. ELLISA L. HORVA H MC ­, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: /Z�7i J�n . �2^4 M CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this -5_ day of OD\t, 2015. csi( i� ELLISA L. HORVATH C, CITY CLERK �� �Gp II N Page 3 of 4 U .M GQl vIi mUA �, City of Aventura Resolution No. 2015-67 Exhibit "A" Legal Description of Property PARCEL1 OS: E3i{ 29886 F•G 1427 LAST F'AGE A portion of Tract II of Fifth Addition Biscayne Yacht and Country Club, according to the plat thereof as recorded in Plat Book 99 at Page 20 of the Public Records of Miami -Dade County, Florida, more particularly described as follows: Beginning at the Northwest corner of said Tract ll; thence N 87132'00" E along the north line of said Tract II for 334.64 feet to a point of curve; thence Northeasterly along the arc of said curve to the left having a radius of 5829.58 feet and an central angle of 0042'04" for an arc distance of 71.33 feet to a point on the arc of a curve concave to the Northeast, said point bears N 9050'42" W from the center of said curve; thence Southeasterly along the arc of said curve to the left having a radius of 1290.92 feet and a central angle of 9108'59" for an arc distance of 206.15 feet; thence N 83°59'09 E for 158.32 feet to a point, thence S 02°27'24" E for 157.27 feet to a point, thence N 87032'36" E for 125.00 feet to a point; thence S 02027'24" E for 56.00 feet to a point on the south line of said Tract Il, thence S 87°32'36" W along the south line of said Tract It for 220.73 feet; thence S 87°32'36" W along the south line of said Tract II for 670.25 feet to the southwest corner of said Tract Il; thence N 2°58'20" W along the west line of said Tract II for 229.93 feet to the point of beginning; Less the south 35 feet of the west 70 feet of said Tract II conveyed to Miami - Dade County for highway right-of-way. Together with the benefit of the following: Easement for the installation, operation, maintenance, repair and/or replacement of (a) sub- surface pipes, lines and conduits to provide reasonable quantities of water, electricity, gas, telephone service, storm water, drainage, sewerage and sanitation facilities, and (b) a surface storm drainage to carry away storm drainage created by that certain non-exclusive Mutual Grant of Easement and Sanitary Lift Station Agreement filed December 24, 1984 at Official Records Book 12363, page 1680, as extended and modified by that certain non- exclusive Grant of Easement and Sanitary Lift Station Agreement filed February 28, 1986 in Official Records Book 12805, Page 2214, subject to the terms and provisions thereof. PARCEL2: A parcel of land in Section 3, Township 52 South, Range 42 East, Miami -Dade County, Florida, more particularly described as follows: Commencing at the southwest corner of the right of way of State Road 852 as recorded in OR Book 7001, Page 721 of the Public Records of Dade County, Florida; thence N 87032'00" E, 115.00 feet to the point of beginning; thence N 2028'0" W, 101.51 feet to an intersection with a non-tangential curve, concave to the northeast, having a tangent bearing of S 66°27'16"e and a radius of 1290.92 feet; thence southeasterly for 308.64 feet along said curve through a central angle of 13°41'5" to an intersection with a non-tangential curve, concave to the north, having a tangent bearing of S 86°50'00" W and a radius of 5829.58 feet, thence westerly for 71.21 feet along said curve through a central angle of 0°42'00"; -All thence S 87032'00"W, 219.64 fe #ihepoint of beginning. ,*Fl1 L AD 2P MESS ono ono um -„i sr. f - Page 4 of 4 On” ll D.C. 4pF COo.,: 8 -