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10-03-2023 Local Planning Agency Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q LOCAL PLANNING AGENCY REGULAR MEETING AGENDA October 3, 2023 6:00 p.m. Aventura Government Center Commission Chambers Local Planning Agency AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA Mayor Howard S. Weinberg, Esq. Vice Mayor Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura Local Planning Agency Regular Meeting Agenda October 3, 2023 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: September 5, 2023 4. PUBLIC HEARING — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE FH7 OF THE TREATS FOOD COURT IN AVENTURA MALL, LOCATED AT 19565 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4). 5. ADJOURNMENT This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 1 of 1 • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES SEPTEMBER 5, 2023 Following 6:00 p.m. First Budget Public Hearing Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Aventura City Commission acting in its capacity as the Local Planning Agency for the City of Aventura: 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:16 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the First Budget Public Hearing. 3. APPROVAL OF MINUTES (June 6, 2023): A motion to approve the minutes of the June 6, 2023 meeting was offered by Vice Mayor Bloom, seconded by Commissioner Stern, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING RESOLUTION: Mr. Meyers reviewed the quasi-judicial procedures for Item 4 and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E)OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A DENSITY OF 47 DWELLING UNITS PER ACRE, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 24 STORIES (260'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); (3) TO PERMIT UNITS WITH FLOOR AREAS NO LOWER THAN 658 SQUARE FEET WHERE THE MINIMUM REQUIREMENT IS 900 SQUARE FEET; AND (4) TO PERMIT 1,690 PARKING SPACES, WHERE 2,112 SPACES ARE REQUIRED BY THE CITY CODE FOR THE City of Aventura Local Planning Agency Meeting Minutes September 5, 2023 PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4). A motion to recommend adoption of the Resolution was offered by Vice Mayor Bloom and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval for a mixed-use development subject to the conditions listed, and reviewed the item. The following provided comments on behalf of the Applicant (Bercow, Radell, Fernandez, Larkin & Tapanes on behalf of Aventura Opportunity Owner LLC) for property located at 20801-20807 Biscayne Boulevard (Aventura Corporate Center): Michael J. Marrero, Esq. — Bercow Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami) and Juan Espinosa, PE, Vice President Transportation — David Plummer & Associates (1750 Ponce de Leon Boulevard, Coral Gables). The City Commission discussed the item including the following: responses for the standards for review, use of Brightline and Freebee, traffic congestion, ingress/egress, 600 square foot sized units, opposition to the process, shuttle, attracted demographics including young professionals that use alternative means of transportation, change in traffic, conditions for Freebee and schools, City's comprehensive plan, statistical data needed, parking spaces, and shared parking component. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The motion to recommend adoption of the Resolution was passed (5-2) by roll call vote, with Commissioner Friedland and Commission Dr. Marks voting no. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Vice Mayor Bloom, seconded by Commissioner Friedland, and unanimously passed; thereby, adjourning the meeting at 6:49 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on October 3, 2023. Page 2 of 2 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C-- BY: Keven R. Klopp, Community Development Director DATE: September 29, 2023 SUBJECT: Request by Treats Spirits LLC for Conditional Use Approval to Allow the Sale and Service of Alcoholic Beverages at the Indoor Cocktail Bar/Lounge in Space FH7 of the Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, City of Aventura (CUP2308-0002) October 3, 2023 Local Planning Agency Meeting Agenda October 3, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the above-described Conditional Use application to allow sale and service of alcoholic beverages at the indoor cocktail bar/lounge on space FH7 of the Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, City of Aventura, subject to the following conditions- 1. This approval shall be granted exclusively to Treats Spirits established within the Food Court of Aventura Mall. The approval may not be transferred to any other location. 2. Customers will not be permitted to remove an individual glass of alcoholic beverage or any open container from the premises. 3. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. 4. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages 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 that 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 REQUEST The Applicant, Treats Spirits, LLC, is requesting conditional use approval to sell and serve alcoholic beverages at the indoor cocktail bar/lounge located in space FH7 of the Food Court in Aventura Mall, City of Aventura, notwithstanding the distance and spacing requirements for sale and service of alcoholic beverages in Sections 4-2(a) and (b) of the City Code (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Aventura Mall Venture Lessor Turnberry Associates Aventura Mall Expansion Venture Lessee APPLICANT Treats Spirits LLC ADDRESS OF PROPERTY 19565 Biscayne Boulevard, FH7 Aventura, FL 33180-2342 (See Exhibit #2 for Location Map). LEGAL DESCRIPTION A Portion of Tract"Q", Aventura 6t"Addition Plat Book 120, Page 20 of the Public Records of Miami Dade County (See Exhibit #3 for complete legal description). Zoning — Subject Property B2 Community Business Properties to the North B2 Community Business CF Community Facilities Properties to the South B2 Community Business CF Community Facilities TC1 Town Center Properties to the East B2 Community Business RMF4 Multifamily High Density Residential Properties to the West B2 Community Business Existing Land Use — Subject Property Regional Mall Properties to the North Library and Fire Station Properties to the South Regional Mall and Office Properties to the East Retail, Office and Residential Properties to the West Retail and Office Future Land Use — Subject Property Business and Office Properties to the North Business and Office Properties to the South Business and Office 2 Town Center Properties to the East Business and Office Medium High Density Residential Properties to the West Business and Office The Site — Treats Spirits will be located in space FH7 on the third level of the Aventura Mall expansion wing, as shown in Exhibit #4. The Project — Treats Spirits will be established in space FH7 on the third level of the Aventura Mall expansion wing. Tenant space FH7, previously occupied by Yip Restaurant, comprises 505 square feet of indoor space and surrounding seating areas as shown on Exhibit #4. Sales and services of alcoholic beverages is proposed at the tables and at the bar within this area. Lounges are permitted uses in the B2 Community Business district. ANALYSIS Sales and service of alcoholic beverages of alcohol at indoor bar/lounge areas requires conditional use approval due to the distance and spacing requirements of Chapter 4 of the City Code as detailed in the "Community Development Department Analysis" below. Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. Community Development Department Analysis—Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement; however, conditional use approval is required for Treats Spirits because the venue is not an accessory use to a restaurant that serves full course meals and occupies more than 2,500 square feet of indoor space. Moreover, the premises are located less than 1,500 from existing businesses having liquor licenses and not exempt from spacing requirements. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 3 EXHIBIT #1 1W ROSENTHAL ROSENTHAL -RASCO- A T T O R N E Y S AT L A W August 28, 2023 Mr. Keven Klopp Community Development Director 19200 West Country Club Drive Aventura, FL 33180 Re: Letter of Intent to Request Conditional Use Approval on behalf of Treats Spirits LLC for the sale and service of Alcoholic Beverages at Space FH7, Level 3, located in the Aventura Mall Food Court Dear Mr. Klopp: In connection with the captioned, please be advised that I represent Treats Spirits LLC ("Treats") who seeks to secure Conditional Use Approval ("CUA") to allow for the sale and service of Alcoholic Beverages at Unit FH7 located at the Level 3 Food Court in the Aventura Mall. In that regard it is the intent of Treats to utilize a 4-COP Quota License ("Quota License") issued by the State of Florida to operate their facility. The 4-COP Quota License, which Treats intends to utilize at its premises, is not required by the State to meet any food service requirements in order to sell alcoholic beverages. With regard to the structure that will house Treats' new operation at the FH7 site, it is Treats' intention to demolish the existing dated facility and in its place construct a new magnificent designer structure which will transform the Level 3 Food Court into the present, and yes even into the future, as evidenced by the renderings attached to the application for Conditional Use Approval, which renderings are the result of months of preparation by the "Treats Team", who anxiously await this project coming to fruition. Further, it is Treats intention to operate this new and exciting facility in an upscale manner and have as its clientele, the shoppers at the Mall seeking a cocktail at the end of the day, as well as the owners and operators of the prestigious stores in the Mall, who will have a place to unwind after a stressful day. Treats also contemplates that these patrons enjoying their meals at restaurants not serving alcoholic beverages will visit Treats for an after dinner drink. Please keep in mind that Treats will not be serving full course meals, and certainly will not have a kitchen, and therefore will not be in competition with any of the restaurants in the Mall. This was one of the other considerations contemplated when Treats elected to incur the additional expense of acquiring a Quota License as opposed to a Special Food Service License, which as previously provided herein is issued by the State at a promulgated rate set by the State. [W0635173.11 One Aventura,20900 N.E. 301 Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305,937.1311 Mr. Keven Klopp 2 August 28, 2023 After meeting with the City Manager, Ron Wasson, and the Director of Development, Keven Klopp, it is our belief that both believe that this Project is an appropriate addition to the Mall's Food Court and would recommend the approval by the Aventura City Commission of Treats' request for a CUA. In addition they are both aware of my client's capabilities, their prior business successes, and their intention to build a first rate facility that the City and the Commissioners will be proud of and will hopefully visit often. Finally,it has recently come to my attention that the City Commission has passed Resolution 2023- 20, (the "Resolution") which allows for the sale of Alcoholic Beverages at a cocktail lounge/bar area within the Food Hall at 2777 N. F. 185t" Street, Aventura. This concept,which approved the sale of alcoholic beverages at the Food Hall, is similar to this request, but differs in its application and design. At the end of the day, however, the Resolution allows any restaurant in the Food Hall to sell/serve alcoholic beverages if a restaurant is open and serving food. Predicated on the foregoing I would respectfully request that this matter be placed on the September 21, 2023 Commission Workshop Agenda in order to bring this request to the attention of the City Commission, and thereafter to the City Commission at their next meeting, or any Commission Meeting acceptable to the City. Thank you for your consideration. Respectfully, ROSENTHAL E U O LLC BY A AL ASR:cw j W063S 171_1; Rosenthal Rosenthal Rasco LLC One Aventura,20900 N.E. 30"Avenue, Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.937.1311 Yj RZ�, JL V ROSENTHAL ROSENTHAL -RASCO A T T O R N E Y S AT L A W August 28, 2023 Mr. Keven Klopp Community Development Director CITY OF AVENTURA 19"00 West Country Club Drive Aventura, FL 33180 Re: Treats Spirits LLC/City of Aventura/Conditional Use Approval Dear Keven: Itr connection with the referenced development,provided with this letter are the following required tlocnrnents, to-wit: 1. Letter of Intent (original and one copy). 2. Public Hearing Application For Conditional Use Approval (original and one copy). 3. My client's check in the amount of Five Thousand ($5,000.00) Dollars representing the filing and hearing fee for the Application. q. My client's check in the amount of One Thousand ($1,000.00) Dollars representing the advertising fee. 5. Twelve copies of the Rendering. In the event you have any question with regard to the enclosed documentation please contact me. Warmest personal regards. Sincerely, ROSENTIIAL ROSENTHAL RASCO LLC Dictated by Alan S. Rosenthal and delivered without signature to BY—ex p e.d4-te-A-el-i-vPry ALAN S. ROSENTHAL 'SR:.w Enclosures One Aventura,20900 N.E. 30"Avenue,Suite 600,Aventura,Florida 33180 305.937.0300/Fax: 305.037.1311 City of Aventura EXHIBIT #2 Location Map sw 1 st st SW 2nd St I o Hallandale �P�rsle5o` Gulfstream Park Golden Isles < Al A Sun Swept Holiday Dr — — — — Isles 1 1 1 NE 213th St z 1 1 m 1 1 p 1 1 3 1 LO 1 , Aventura < 1 ro 1 a 1 � > 1 1 a� m Highland Oaks N Countr, 1 m c Park 1 Y Club Dr 1 1 � v 1 v 1 1 0 O 1 1 l� z 1 1 m 1 iv 1 1 < i N�199th St ff � Don Soer / 1 Exercise Trail / 1 Golden Beach Aventura Mall Aventura / 1 / 1 Lehman cswY ' iW il\lam / 1 � z 1 NE 190th / m m v / NE 186th St / I / NE 183rd St / Greynolds Park / 1P / Point EastO / 2 Park / rse !/ �~'NE 17 7ST St NE 170th St m NE 169th St v W i Mdule Sunny Isles ° 1 �tclke Beach li, Intracoastal Mall 826 Atlantic' NE 163rd 9/25/2023 1 0.55 1 0 0.28 0.55 1.1 mi hil Municipal Zone - B2 Community Business District 0 0.42 0.85 1.7 km ............ Subject Property ---I Aventura Municipal Boundary Sources:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson,NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat,GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Garmin,FAO, NOAA,USGS,©OpenStreetMap contributors,and the GIS User Community EXHIBIT 3 LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.21FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5 1 , m__ x = w - h y = i ,b 15 ® ill �7 CN CY) I lii I I;3 - �I ------.I ._.-._.------------------ -- ----- - -- i LO I J 4 v. i ' p I �,s,•a,� .�,..�.. � dV+ IAA I 1� 1 r Milli 41. i - III r,. r i � I f 4 LAI CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE FH7 OF THE TREATS FOOD COURT IN AVENTURA MALL, LOCATED AT 19565 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 19565 Biscayne Boulevard, Space F1-17, legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the Applicant, Treats Spirits, LLC, through Application No. CUP2308- 0002 ("Applicant"), is requesting Conditional Use approval to permit the sale and service of alcoholic beverages at a cocktail lounge/bar area established in Space FH7 of the third level of the Aventura Mall located at 19565 Biscayne Boulevard, City of Aventura (the "lounge/bar"); and WHEREAS, following proper notice, 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 herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Application for Conditional Use approval to allow the sale and service of alcoholic beverages at the cocktail lounge/bar established in Space FH7 of the Treats Food Court in Aventura Mall, located at 19565 Biscayne Boulevard, legally described in "Exhibit A" to this resolution, is hereby granted subject to the following conditions: 1. This approval shall be granted exclusively to Treats Spirits established within the Food Court of Aventura Mall and may not be transferred to any other location. 2. Customers will not be permitted to remove an individual serving of alcoholic beverage nor any open alcoholic beverage container from the premises. 3. The Applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. City of Aventura Resolution No. 2023- 4. The Applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages 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 that 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. 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. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 3rd day of October, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION AVENTURA 6TH ADDN PB 120-20 PORT OF TR Q DESC COMM NW COR OF SEC 3-52-42 TH N 87 DEG E 875.83FT S 02 DEG 73FT S 87 DEG W 12.60FT SWLY-SELY AD 78.18FT S 02 DEG E 423.52FT N 87 DEG E 27.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 73.86FT FOR POB CONT S 02 DEG E 209.51 FT S 42 DEG W 56.57FT S 87 DEG W 146.50FT S 02 DEG E 90FT N 87 DEG E 146.50FT S 47 DEG E 56.57FT S 02 DEG E 200FT SELY AD 374.79FT S 09 DEG W 73.41 FT S 11 DEG E 10.70FT SELY AD 494.70FT S 56 DEG E 488.24FT SELY AD 507.20FT ELY AD 100.46FT N 73 DEG E 193.18FT NELY AD 510.02FT ELY-NLY AD 75.19FT NWLY AD 212.25FT NWLY AD 703.88FT S 80 DEG W 236.77FT S 14 DEG E 101.46FT S 34 DEG E 83.30FT SELY-SWLY AD 133.64FT N 74 DEG E 141.53FT SELY AD 77.51 FT S 15 DEG E 168FT SWLY AD 135.40FT SWLY AD 87.54FT S DEG 24 W 32.78FT SELY-SWLY AD 301.44FT S 84 DEG W 61.76FT SWLY AD 237.31 FT SWLY -NWLY AD 247.59FT N 68 DEG W 42.96FT NWLY AD 21.18FT S 25 DEG W 34.38FT N 65 DEG W 162.2FT NWLY AD 320.42FT N 56 DEG W 325.26FT N 49 DEG W 485.3FT N 74 DEG E 170.36FT N 15 DEG W 18FT N 74 DEG E 491.43FT S 60 DEG E 380.1 FT S 29 DEG W 6.62FT S 60 DEG E 94.67FT S 29 DEG W 78.54FT S 60 DEG E 31.21 FT S 15 DEG E 182.52FT N 74 DEG E 176.24FT N 60 DEG E 22.40FT N 74 DEG E 231.43FT N 22 DEG E 58.69FT N 60 DEG W 25.46FT N 15 DEG W 348.69FT S 74 DEG W 69.88FT SWLY-NWLY AD 38.13FT N 61 DEG W 202.52FT S 13 DEG W 22.74FT N 60 DEG W 162.1 FT S 74 DEG W 6.43FT N 15 DEG W 228.97FT N 74 DEG E 56.21 FT N 15 DEG W 5.80FT N 74 DEG E 13.48FT N 15 DEG W 40.21FT NWLY AD 33.50FT N 63 DEG W 45.29FT S 29 DEG W 80.93FT N 60 DEG W 192.78FT N 29 DEG E 98.20FT NWLY-NELY AD 149.04FT N 47 DEG W 28.37FT S 74 DEG W 381.80FT S 06 DEG E 43.83FT S 12 DEG W 81.07FT S 60 DEG E 111.20FT S 15 DEG E 30.25FT S 21 DEG E 196.90FT S 60 DEG E 35.07FT S 29 DEG W 177.10FT S 74 DEG W 107.65FT S 15 DEG E 61.23FT S 74 DEG W 240.85FT W127.50FT N 46 DEG W 38.81 FT NWLY AD 216.80FT N 02 DEG W 347.67FT S 88 DEG W 73.63FT TO POB & PORT OF TRS R&Q DESC COMM NE COR OF TR R TH S 02 DEG E 370.65FT SELY AD 279.13FT FOR POB TH SWLY AD 13.77FT S 65 DEG W 66.02FT WLY-NWLY AD 214.65FT N 22 DEG W 111.22FT NWLY AD 169.61 FT NWLY AD 161.21 FT N 69 DEG W 67.25FT N 64 DEG 34.73FT NELY-ELY AD 38.65FT N 87 DEG E 11.16FT N 02 DEG W 19.39FT N 87 DEG E 236.16FT N 02 DEG W 64.99FT S 87 DEG W 350FT N 13 DEG W 469.40FT NLY AD 68FT S 13 DEG W 120.97FT SWLY AD 112.82FT S 47 DEG W 108.66FT S 42 DEG E 432.51 FT SELY AD 131.6FT S 72 DEG E 8.09FT SELY AD 154.57FT S 27 DEG E 76.71 FT SELY AD 216.92FT S 14 DEG E 248.12FT N 74 DEG E 70.25FT NELY AD 86.90FT N 65 DEG E 138.72FT NLY AD 73.19FT TO POB LESS PORT FOR R/W LOT SIZE 28.604 AC M/L FAU 30-2203-038-0070 OR 14572-870 0690 5