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2007-023 RESOLUTION NO. 2007- 23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION 2. OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2005.70 PASSED NOVEMBER 1, 2005 SO AS TO NOW PERMIT COMMERCIAL ADVERTISING ON THE ENTIRE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND 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) by 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, through Application No. 01-MRC-07, is requesting a modification to Condition 2. of Resolution No. 2005-70, to permit commercial advertising on the entire rear (west) face of the sign; 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. Resolution No. 2007-23 Page 2 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 2. of Resolution No. 2005-70 from: "2. All advertising on the rear (west) face of the sign will comply with the terms of the agreement made between the applicant and the City approved by Resolution No. 2005-39 on September 6, 2005" to: "2. All advertising of the rear (west) face of the sign will comply with the terms of an agreement made between the applicant and the City approved by Resolution No. 2007-20 on April 10, 2007" on property legally described in Exhibit "A" to this resolution, is hereby approved subject to the following conditions: 1. All of those conditions of Resolution No. 2003-06 and Resolution No. 2005-70 which are not revised through this approval shall remain the same and in full force and effect. 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 Joel, who moved its adoption. The motion was seconded by Vice Mayor Stern, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes Resolution No. 2007-23 Page 3 PASSED AND ADOPTED this 1st day of May, 2007. APPROVED AS TO LEGAL SUFFICIENCY: f4~~ CITY ATTORNEY ~i in the Office of the City Clerk this J~ day of May, 2007. ~ \..- '-" 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 % 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 o