2014-29 RESOLUTION NO. 2014-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE AND SERVICE OF BEER AND WINE AT CAFÉ
CITA IN THE AVENTURA TOWN CENTER AT 18719 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS
OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, YC Group #1, Inc., doing business as Café Cita,
through Application No. 06-CU-14, is requesting Conditional Use approval to permit the
sale and service of beer and wine at its café 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 for Conditional Use to permit the sale and service of beer
and wine at Café Cita at 18719 Biscayne Boulevard, legally described in Exhibit "A" to
this Resolution, is hereby granted subject to the following conditions:
1. Beer and wine shall be sold and served only in conjunction with the service of food.
2. Customers will not be permitted to remove the glass of beer and/or wine from the
premises.
3. This approval is granted exclusively to YC Group #1 Inc., doing business as Café
Cita, and may not be transferred to another owner and/or operator of the café.
Resolution No. 2014-29
Page 2
4. The applicant shall obtain an alcoholic beverage license from the State of Florida
and begin sales and service of beer and wine 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.
5. 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.
6. 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.
7. Any discontinuation of the sales and service of beer and wine for a period of 180
consecutive days shall constitute abandonment and shall rescind this approval.
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 Stern, who moved its
adoption. The motion was seconded by Commissioner Howard Weinberg, 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. 2014-29
Page 3
PASSED AND ADOPTED this 3rd day of June, 2014.
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usa ottlieb, Mayor
ATTEST. '
4 RESA 41-0 MMC
CLER•
APPROVED S TO LEGAL StJ IENCY:
CITY ATTO NEY
This Resolution was filed in the Office of the City Clerk this 3 - day of June, 2014.
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741 CLERK gli
Resolution No. 2014-29
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
Resolution No. 2014-29
Page 5
a central angle of 00°0814" 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 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 comer of Tract "C" of said REGINA SQUARE
SUBDIVISION, according to the Plat thereof as recorded in that Plat Book
113, Paae 27 said corner being a point on the West right of way line of
N.E. 29 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'I0"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°3810"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.