2014-28 RESOLUTION NO. 2014-28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO
ALLOW THE SALE AND SERVICE OF WINE, BEER AND LIQUOR AT A
COCKTAIL LOUNGE WITHIN THE COUNTER CUSTOM BUILT
BURGERS RESTAURANT LOCATED AT 18717 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, Andres Layrisse as agent for TCB Aventura LLC, doing
business as The Counter Custom Built Burgers, through Application No. 01-CU-14, is
requesting Conditional Use approval to permit the sale and service of beer, wine and
liquor at a cocktail lounge within The Counter Custom Built Burgers restaurant in the
Aventura Town Center; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application 01-CU-14 for Conditional Use to allow the sale and service
of wine, beer and liquor at a cocktail lounge within The Counter Custom Built Burgers
restaurant in the TC1, Town Center zoning district is hereby granted exclusively to the
Applicant, subject to the conditions set out in this Resolution, on property legally
described in Exhibit "A" to this Resolution.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to TCB Aventura LLC, doing business as
The Counter Custom Built Burgers restaurant.
2. Beer, wine and liquor shall be sold and served only in conjunction with service of
food.
3. Customers will not be permitted to remove the beer, wine or liquor from the premises.
4. The applicant shall obtain an alcoholic beverage license from the State of Florida and
begin sales and service of beer, wine and liquor within twelve (12) months of the date
Resolution No. 2014-28
Page 2
of the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission at the written request of the applicant,
provided that the applicant has filed the request for extension within the twelve (12)
month period prior to expiration.
5. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale and service of alcoholic beverages for consumption on the premises
pursuant to Section 4-3(d) of the City Code, which permits sales of wine, beer and
liquor for consumption on the premises between the hours of 8:00 a.m. and 1:00 a.m.
the following day.
6. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes
to ensure no sales are made to underage customers or to customers who may have
been over-served at other establishments.
7. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales and service of
alcoholic beverages upon written notice to the applicant of such a determination.
8. Any discontinuation of the sales and service of beer, wine and liquor for a period of
180 consecutive days shall constitute abandonment and shall rescind this approval.
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.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Luz Weinberg, 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 absent
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- 18
Page 3
PASSED AND ADOPTED this 3`d day of June, 2014.
„L.)
Susan Gottlieb, Mayor
AT T. ST:
L.
' SA M. SO 3l AMMC
C CLERK
APPROVE AS TO LEGAL S FF CIENCY:
CITY ATTORNEY
This -esolution was filed in the Office of the City Clerk this day oft h, , 2014.
41
011 CLERK 11
Resolution No. 2014- 23
Page 4
EXHIBIT "A"
Legal Description of Property
A portion of Tracts A & B, REGINA SQUARE SUBDIVISION, according to
the Plat thereof as recorded in Plat Book 113 at Page 27, of the Public
Records of Miami-Dade County, Florida, being more particularly described
as:
Commence at the Northwest corner of said Tract "A"; thence South
89°49'44" East. along the North Line of said Tract "A" for 223.65 feet to the
Point of Beginning of the hereinafter described parcel of land; thence
continue South 89°49'44" East along the North line of said Tract "A" for
53.00 feet; thence South 00°45'38"East for 198.74 feet; thence South
89°56'45" East for 283.39 feet; thence South 00°03'15" West for 149.50 feet
to a point on the South line of said Tract "A"; thence South 89°56'45" East,
along the South line of said Tract "A" also being the North line of said Tract
"B" for 361.66 feet to the Northeast corner of said Tract "B"; thence South
00°38'10" East along the East line of said Tract "B" for 496.76 feet; thence
North S89°56'4" West along the Northerly boundary of the Venture At
Aventura, a Condominium for 616.05 feet; thence South 00°03'15" West
along the West line of said The Venture At Aventura, a Condominium for
443.27 feet; thence North 89'56'45" West along the South line of said Tract
"B" for 632.79 feet to a point of curvature; the following three (3) courses
being along the Easterly right-of-way line of Biscayne Boulevard, U.S.
Highway No. 1 per O.R.B. 17360, Page 3655 of said Public Records of
Miami-Dade County, Florida. (1) thence Northwesterly and Northeasterly
along a 26.25 foot radius curve leading to the right through a central angle of
98°46'49" for an arc of 45.26 feet to a point of reverse curvature; (2) thence
Northeasterly along a 4709.83 foot radius curve leading to the left through a
central angle of 3°17'00"' for an arc of 269.90 feet to a point of compound
curvature; (3) thence Northeasterly along a 5828.53 foot radius curve
leading to the left through a central angle of 2°42'02'.' for an arc of 274.72
feet; the following three (3) courses being along the Southerly, Easterly and
Northerly boundary of The Jaffe Building Inc. property as described in ORB
19137, at Page 2349 of the Public Records of Miami-Dade County, Florida.
(1) thence South 89°5'45" East for 178.24 feet; (2) thence North 00°03'15"
East for 228.32 feet; (3) thence North 89°52'41" West for 171.56 feet to a
point on a circular curve concave to the West and whose radius bears North
89°23'49"West; the following two (2) courses being along the said Easterly
right of way line of Biscayne Boulevard, U.S. Highway No. 1 (1) thence
Northeasterly along a 5828.53 foot radius curve leading to the left through a
central angle of 00°08'14" for an arc of 13.96 feet to a point of tangency; (2)
thence North 00°27'57" East for 47.78 feet; the following three (3) courses
Resolution No. 2014- 213
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being along the Northerly and Westerly boundary of said Tract "B"; (1)
thence South S89°52'41" East for 439.96 feet; (2) thence North 00045'38"
West for 78.26 feet; (3) thence South 89°56'45" East for 73.50 feet; thence
North 00°45'38"West for 348.36 feet to the Point of Beginning.
LESS AND EXCEPT therefrom those lands conveyed to Miami-Dade
County by Warranty Deed recorded in Official Records Book 24625, Page
468 and Official Records Book 25690, Page 3708, Public Records of Miami-
Dade County, Florida, and being described as follows:
A portion of Tract B, REGINA SQUARE SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 113, Page 27, of the Public Records of
Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventura, Miami-Dade County, Florida and
being more particularly described as follows:
Commence at the Northeast corner of Tract "C" of said REGINA SQUARE
SUBDIVISION, according to the Plat thereof as recorded in that Plat Book
113, Page 27 said corner being a point on the West right of way line of N.E.
29th Avenue; thence N00°38'10"W along said West right of way line and the
Est line of said Tract "B" for 98.01 feet to the POINT OF BEGINNING of
hereinafter described Parcel of Land; thence continue N00°38'10"W along
said West right of way line and said East Tract line for 12.00 feet, the
following seven (7) courses being perpendicular to or parallel with the
preceded course; (1) thence S89°21'50"W for 10.00 feet; (2) thence N00°38'
10"W for 22.67 feet; (3) thence S89°21'50"W for 50.00 feet; (4) thence
S00°38'10"E for 55.00 feet; (5) thence N89°21'50"E for 50.00 feet; (6)
thence N00°38'10"W for 20.33 feet; (7) thence N89°21'50"E for 10.00 feet to
the POINT OF BEGINNING.