Loading...
Resolution No. 2023-11 Approving Sign Variance and Lighting Variance with Conditions for Aventura Hilton - February 7, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FROM SECTION 31-191(J)(2)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A THIRD WALL SIGN ON THE NORTHEAST ELEVATION, WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE; APPROVING AN OUTDOOR LIGHTING VARIANCE FROM SECTION 31-234(E) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE ADDITION OF EXTERIOR LIGHTING ON THE SOUTHWEST AND NORTHEAST ELEVATIONS LOCATED AND MOUNTED AT EIGHTY FEET ABOVE GRADE, WHERE HEIGHTS NO GREATER THAN THIRTY FEET ARE ALLOWED BY CODE, ON THE AVENTURA HILTON LOCATED AT 2885 NE 191 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 31-191(m)(8) of the City Code of Ordinances provides that a "variance may be granted upon a showing by the applicant that the sign variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will otherwise be compatible with the surrounding land uses and would not be detrimental to the community"; and WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Aventura Hospitality, LLC ("Aventura Hospitality"), through Application No. SV2212-0001 , is requesting a sign variance from Section 31- 1910)(2)(d) of the City' s Land Development Regulations ("LDRs") to permit a third wall sign to be located on the northeast elevation of the property legally described in Exhibit "A", where only two wall signs per building are permitted; and WHEREAS, the applicant, Aventura Hospitality, is requesting a variance from Section 31-234(e) of the City's LDRs to permit the addition of exterior lighting on the southwest and northeast elevations of the existing Aventura Hilton hotel located and mounted at eighty feet above grade, where heights no greater than thirty feet are allowed on the property legally described in Exhibit "A"; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and City of Aventura Resolution No. 202341 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 sign variance from Section 31-1910)(2)(d) of the City' s Land Development Regulations (LDRs) to permit a third wall sign, where only two wall signs per building are permitted; and the addition of exterior lighting on the southwest and northeast elevations mounted at eighty feet above grade, where heights no greater than thirty feet are allowed on the property legally described in Exhibit "A" are hereby granted, exclusively to the Applicant, subject to the following conditions: 1) Plans submitted for building permit shall substantially comply with those submitted as follows: • "Aventura Hilton Hotel", Sheets V-0 through V-5, dated 08/19/2021 and Sheet A410, prepared by Prime Design Associates, dated 03/08/2017. 2) A building permit for the project 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. The City Commission may, at a regular or special meeting, grant up to a six-month extension request for good cause shown by the applicant. 3) The permit for the lighting proposed on the southwest facade will not be issued prior to: a) Champion Retail Limited offers no written objection to the lighting proposed for the southwest elevation on or before March 7, 2023 or b) the City Commission approves a Resolution at the March 7, 2023 Commission meeting removing this condition of approval. Section 2. The City Manager is authorized to issue 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. 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. Page 2 of 3 City of Aventura Resolution No. 202341 Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Bloom, who moved its adoption. The motion was seconded by Commissioner Kruss, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes PASSED AND ADOPTED this 7th day of February, 2023. • WARD S. WEINBERG, E8Q. 'v _. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3