Z-96-6-ACC-1 CITY OF AVENTURA
RESOLUTION NO. Z-96-6-ACC-1
WHEREAS, TOWN TAVERN OF AVENTURA, INC., AND HOOTERS OF
AVENTURA, INC., hereinafter referred to as "Applic.ant," have
applied to the City of Aventura for the following zoning approvals
(the "Application") for that certain property at 20301 Biscayne
Boulevard in Aventura, Florida (the "Property") as legally
described on Exhibit "A" attached hereto:
Items for Which Zoninq Approval Was Souqht:
Special exception for bar/lounge in connection with a
restaurant; special exception for alcoholic beverage spacing
between licensees; special exception for alcoholic beverage
spacing from religious facility; unusual use to permit outdoor
patio and table service, collectively referred to as the
"Zoning Approvals"; all as described in Application No. 96-6-
ACC-1.
WHEREAS, the Application is subject to the jurisdiction of the
City of Aventura City Council (the "City Council") in accordance
with City Ordinance No. 96-08; and
WHEREAS, the public hearing by the City Council was held in
accordance with public notice as required by law; and
WHEREAS, the City Council has been advised by City Staff that
the subject Application has been reviewed for compliance with
concurrency requirements for levels of service and, at this stage
of the request, the same was found to comply with such
requirements; and
WHEREAS, upon due and proper consideration having been given
to the matter, it is the opinion of the City Council that the
requested Zoning Approvals which are granted below are justified
and do meet the requirements of the Dade County Zoning Code (the
"Code"), as applied pursuant to City Charter Section 8.03 and City
Ordinance No. 96-08 (the "Ordinance") and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, as follows:
Section 1. That the above stated recitals and findings are
incorporated by reference and the Application be and the same is
hereby approved, subject to the applicable conditions set forth
below, as follows:
1. Special Exception to permit a bar/lounge in connection
with a restaurant.
2. Special Exception of spacing requirements as applied to
alcoholic beverage uses to permit a bar/lounge in a
shopping center spaced less than the required 2,500' from
a religious facility and school and spaced less than the
required 1,500' from an existing alcoholic beverage
establishment.
3. Unusual Use to permit outdoor patio and table service in
connection with a restaurant.
The purpose of these Zoning Approvals is to permit the
establishment of a bar/lounge in conjunction with two (2)
restaurants.
Section 2. Conditions: That the conditions hereby
established upon the respective Zoning Approvals granted above are
as follows:
1. That the Applicant obtain a Certificate of Use and
Occupancy (the "Certificate") from, and promptly renew
the same annually with the City Department of Community
Development (the "Department") upon compliance with all
terms and conditions. The Certificate shall be subject
to cancellation by the Director of the Department upon
violation of any of the conditions.
2. That the outdoor patio dining use shall be operated
solely as an accessory use to the restaurant, and if the
restaurant use is terminated, the outdoor patio dining
use will automatically expire.
3. No loud speakers shall be utilized for the outdoor dining
area.
4. That outdoor dining shall be terminated in the event that
the City Council determines, after a public hearing, that
the outdoor dining operation has created and may tend to
create noise disturbances. The public hearing shall be
set if the Director of the Department finds probable
cause to believe that a noise disturbance has been
created, based upon complaints received or the Director's
observation.
5. That the operating hours for the outdoor patio dining use
shall not extend beyond those for the restaurant.
6. That no plastic or paper shall be utilized for food or
beverage service in the outdoor dining area, so as to
avoid litter problems.
7. That the Applicant submit to the City Council for its
review and approval a landscaping plan which indicates
the type and size of plant material prior to the issuance
of a building permit. Such landscaping is to be
installed prior to the issuance of a Certificate of Use
and Occupancy.
8. The Zoning Approvals granted are subject to the further
condition that development authorized by this Resolution
conform to the Plans submitted for the hearing entitled
"Overall Site Plan & Site Data," as prepared by william
Hamilton Arthur, Architect, dated received 4-3-96 and
"Liquor Survey," as prepared by Fortin, Leavy, Skiles,
Inc., dated 9-5-95, and "Floor Plan," as prepared by
William Hamilton Arthur, Architect, Inc., dated revised
2-7-96 and be established and maintained in accordance
with the approved Plans.
Section 3. That notice is hereby given to the Applicant
that the approvals granted herein constitutes an initial
development order and do not constitute a final development order
and that one, or more, concurrency determinations may subsequently
be required before development will be permitted.
Section 4. That the City Manager or his designee is hereby
authorized to make the necessary notations upon the maps and
records of the City of Aventura and to cause the issuance of all
necessary permits in accordance with the terms and conditions of
this Resolution.
PASSED AND ADOPTED this 18th day o~/~n~__, 19~9~. f ~/
ARTHUR I. SNYE~ER, ~AYOR
ATTEST:~
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Filed in the Office of the City C~erk,l City~p~k~v~n~tura.
Teresa M. Smith
(SEAL) City Clerk
328001~resoluti~turn. n21
3
SUBJECT PROPERTY: Tracts A, B & C of the PROMENADE SHOPS, Plat book 133, Page 39.
LOCATION: 20301 Biscayne Boulevard, Dade County, Florida.
SIZE OF PROPERTY: 30.62 Acres
PRESENT ZONING: BU- lA (Business - Limited)