03-05-2024 Local Planning Agency Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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LOCAL PLANNING AGENCY
MEETING AGENDA
March 5, 2024
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 Paul A. Kruss
Commissioner Amit Bloom
Commissioner Rachel S. Friedland, Esq.
Commissioner Billy Joel
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 Meeting Agenda March 5, 2024
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: February 20, 2024
4. PUBLIC HEARINGS — 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 A COCKTAIL LOUNGE AREA WITHIN GABY BY CALL ME
GABY RESTAURANT LOCATED AT 19565 BISCAYNE BOULEVARD, UNIT 938, IN THE
AVENTURA MALL; 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 "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission, Acting in its Capacity as the Local Planning Agency for
the City of Aventura
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: March 1, 2024
SUBJECT: Approval of Minutes
March 5, 2024 Local Planning Agency Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission, acting in its capacity as the Local Planning
Agency for the City of Aventura, approve the attached minutes as provided by the City
Clerk, for the Local Planning Agency meeting held as listed below.
BACKGROUND
A meeting was held and minutes have been provided for the City Commission, acting in
its capacity as the Local Planning Agency, for approval of the following:
• February 20, 2024 Local Planning Agency Meeting
Should you have any questions, please contact me.
/elh
attachment
•
CITY OF AVENTURA
LOCAL PLANNING AGENCY MEETING MINUTES
FEBRUARY 20, 2024
9:00 a.m.
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 9:05 a.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Paul A. Kruss', Commissioner Amit Bloom, Commissioner
Rachel S. Friedland, Commissioner Billy Joel, 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 led by Mayor Weinberg.
3. APPROVAL OF MINUTES (February 6, 2024): A motion to approve the minutes
of the February 6, 2024 meeting was offered by Commissioner Friedland, seconded by
Commissioner Bloom, and unanimously passed by roll call vote.
4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING: Mr. Meyers reviewed the quasi-judicial procedures for the items and Mrs.
Horvath administered the oath to all those wishing to offer testimony on the items.
Disclosures of ex parte communications were provided by the following members of the
City Commission: Vice Mayor Kruss and Commissioner Friedland.
RESOLUTIONS:
Mrs. Horvath read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(F)(2a) OF
THE CITY CODE OF ORDINANCES: (1) TO ALLOW A BUILDING TO CAST A SHADOW
Participated via virtual communications media technology.
City of Aventura Local Planning Agency Meeting Minutes
February 20, 2024
UPON PROPERTIES LOCATED WITHIN A BUSINESS ZONING DISTRICT; (2) TO ALLOW
A DENSITY OF 60 DWELLING UNITS PER ACRE WHERE 45 DWELLING UNITS PER ACRE
IS PERMITTED; (3) TO ALLOW A LOT COVERAGE OF 46% FOR A LEED GOLD OR
PLATINUM CERTIFIED BUILDING WHERE 40% IS PERMITTED; (4) TO ALLOW A FLOOR
AREA RATIO (FAR) OF 4.3 FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING,
WHERE A MAXIMUM FAR OF 2.0 IS PERMITTED;AND (5)TO ALLOW A LIMITED-SERVICE
HOTEL IN THE RMF4 ZONING DISTRICT IN COMBINATION WITH A MULTIFAMILY
RESIDENTIAL DEVELOPMENT, FOR THE PROPERTY LOCATED AT 2785 NE 183
STREET; 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 (4A).
A motion to recommend adoption of the Resolution was offered by Commissioner Joel
and seconded by Commissioner Friedland.
Mrs. Horvath read the following Resolution title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING VARIANCES FROM SECTION 31-143(F) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS: (1) TO ALLOW THE GROSS FLOOR AREA (GFA) OF A
HOTEL TO BE 45% OF THE GFA OF THE BUILDING WHERE A MAXIMUM OF 33% IS
PERMITTED; (2) TO ALLOW SEPARATION BETWEEN HOTEL AND RESIDENTIAL USES
IN HORIZONTAL BLOCKS WHERE SEPARATION BY VERTICAL BLOCKS IS REQUIRED;
AND (3) TO ALLOW FOR A SHARED DRIVEWAY FOR RESIDENTIAL AND HOTEL USES
WHERE SEPARATE DRIVEWAY ENTRANCE/EXIT ARE REQUIRED, FOR THE PROPERTY
LOCATED AT 2785 NE 183 STREET; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (413).
A motion to recommend adoption of the Resolution was offered by Commissioner Bloom
and seconded by Commissioner Friedland.
Community Development Director Keven Klopp entered the staff report into the record for
both items, which recommended approval, and reviewed the items.
The following provided a presentation and comments on behalf of the Applicant (Brian S.
Adler, Esq. — Bilzin Sumberg, on behalf of Got 183 LLC): Matthew Rosenblatt (3802 NE
207 Street, South Tower, Unit 2803, Aventura) and Brian S. Adler, Esq. — Bilzin Sumberg
(1450 Brickell Avenue, Suite 2300, Miami).
Mayor Weinberg opened the public hearing. The following members of the public provided
comments: Sam Ziefer (3700 Island Blvd. Unit C-101 , Aventura), Brian Vujnovic (2708
NE 184th Terrace, Aventura), and Eva Kane (2801 NE 183rd Street, Aventura).
There being no additional speakers, the public hearing was closed.
The City Commission discussed the item including the following: distinction of how limited
service hotels is different than the current hotels in the City, traffic study, what could be
built versus what is being requested, requiring the addition of sidewalks along 183rd Street
as part of the conditional use, positive aspects of the original project presented, the
stacking of traffic, concerns with density, and concerns with the impact of additional traffic.
Page 2 of 3
City of Aventura Local Planning Agency Meeting Minutes
February 20, 2024
Mr. Meyers discussed the process for quasi-judicial items.
Mr. Klopp discussed the process and options and clarified that a full traffic analysis had
not been done.
The motion to recommend adoption of the Resolution for Item 4A failed (3-4) by roll call
vote, with Commissioner Friedland, Commissioner Dr. Marks, Vice Mayor Kruss, and
Mayor Weinberg voting no.
The motion to recommend adoption of the Resolution for Item 4B failed (3-4) by roll call
vote, with Commissioner Friedland, Commissioner Dr. Marks, Vice Mayor Kruss, and
Mayor Weinberg voting no.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, a motion to adjourn was offered by Commissioner Friedland, seconded
by Commissioner Bloom, and unanimously passed; thereby adjourning the meeting at
10:18 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Local Planning Agency on March 5, 2024.
Page 3 of 3
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Keven R. Klopp, Community Development Director
DATE: March 1, 2024
SUBJECT: Request by Gaby Aventura, LLC for Conditional Use Approval to Allow
the Sale and Service of Alcoholic Beverages at the Indoor Cocktail
Bar/Lounge Area within Gaby by Call Me Gaby Restaurant in the
Aventura Mall, Located at 19565 Biscayne Boulevard, Unit 938, City of
Aventura (CUP2402-0001)
March 5, 2024 Local Planning Agency Meeting Agenda
March 5, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the above-described Conditional
Use application to allow the sale and service of alcoholic beverages at the indoor cocktail
bar/lounge area of Gaby by Call Me Gaby restaurant, located at 19565 Biscayne
Boulevard, Unit 938 of the Aventura Mall, subject to the following conditions-
1. This approval shall be granted exclusively to Gaby by Call Me Gaby established
at the Aventura Mall. The approval may not be transferred to any other location.
2. Customers will not be permitted to remove any 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, Gaby Aventura, LLC, is requesting conditional use approval to sell and
serve alcoholic beverages within the indoor cocktail bar/lounge area of Gaby by Call Me
Gaby restaurant, 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 Gaby Aventura, LLC
ADDRESS OF PROPERTY 19565 Biscayne Boulevard, 938
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
2
Future Land Use —
Subject Property Business and Office
Properties to the North Business and Office
Properties to the South Business and Office
Town Center
Properties to the East Business and Office
Medium High Density Residential
Properties to the West Business and Office
The Site — Gaby by Call Me Gaby will be located on space 938 of the first level of the
Aventura Mall expansion wing.
The Project — Tenant space 938, previously occupied by Motek restaurant, contains
2,810 square feet of indoor space with 88 seats and 490 square feet of exterior space
with 42 seats as shown on Exhibit #4. Sales and services of alcoholic beverages is
proposed at the cocktail/bar area behind the main indoor dining area. Cocktail bars are
permitted uses in the B2 Community Business district.
ANALYSIS
Sales and service of alcoholic beverages are permitted by Code at the tables inside the
restaurants and at the tables in the outdoor areas; however, sales and service of alcohol
at the 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. Dining rooms in restaurants in the B2 zoning district that serve cooked, full
course meals, prepared daily on the premises, are one of the exceptions provided by this
Code section. Cocktail bars in restaurants are also an exception to the conditional use
approval requirement, provided that the restaurant has 150 or more indoor seats at tables,
including indoor bars or counters at which full course meals are available and provided
that the restaurant has more than 2500 square feet of indoor floor space.
3
The indoor seating areas within Gaby by Call Me Gaby site total 2,810 square feet;
however, conditional use approval is required for the applicant's proposed sale and
service of alcoholic beverages at the cocktail bar areas because the layout of the venue
does not satisfy the minimum amount of seating.
A liquor survey is required to show spacing and distance to other establishments with an
existing alcoholic beverage license and to religious facilities and schools. The applicant
has submitted the liquor survey attached as Exhibit #5. The survey reveals thirty-three
(33) establishments with an alcoholic beverage use within 1,500 feet. In addition, the
survey identifies three (3) schools and religious facilities within 2,500 feet.
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.
4
EXHIBIT#1
BERCOW
RADELL
FERNANDEZ VIA ELECTRONIC MAIL
LARKIN +
TAPANES
ZONING,uwd uSE�AND Evi RONIVIENTAL LAW February 16, 2024
200 S.Biscayne Boulevard Mr. Keven Klopp, Planning Director
Suite 300, Miami,FL 33131 Community Development Department
City of Aventura
www.brzoninglaw.com
19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
305.377.6235 office
305.377.6222fax Re: Gaby By Call Me Gaby Restaurant- 19565 Biscayne Boulevard,
bfernandez@brzoninglaw.com Unit 938, Aventura, Florida 33180
Dear Ms. Klopp:
Our law firm represents Gaby Aventura, LLC (the
"Applicant") in relation to the referenced Gaby By Call Me Gaby
Restaurant ("Gaby"), that will be opening soon at the above-
referenced address (the "Property"). This letter shall serve as the
Applicant's letter of intent in support of the application for a
Conditional Use approval to allow the restaurant to serve alcoholic
beverages pursuant to City Code Section 4-2.
Gaby will be a modern and trendy Italian restaurant
operated by Anthony Arrighi-Gonzales, who has substantial
experience in the hospitality industry and has been involved with
establishments throughout South Florida. Gaby has another
location, which has experienced success in the South of Fifth
neighborhood within the City of Miami Beach. Since the restaurant
does not have one-hundred and fifty (150) indoor seats, and has
less than two-thousand five-hundred square feet (2,500 SF) of floor
space, the restaurant requires a Conditional Use permit, as it is not
exempt pursuant to the recently adopted Aventura Ordinance No.
2020-03.
Conditional Use Request. Pursuant to the Section 4-2 of the
City's Alcohol Beverage Regulations and the applicable Land
Development Regulations (LDRs), the Applicant requests a
Conditional Use approval to permit the sale of alcoholic beverages
Mr. Keven Klopp, Planning Director
Page 2
where other establishments selling alcohol exist within one-thousand five-hundred feet (1,500').
Section 4-2 provides as follows:
Unless approved as a conditional use, no premises shall be used for the sale of any
alcoholic beverages, as defined herein, to be consumed on or off the premises
where the structure or place of business intended for such use is located less than
1,500 feet from a place of business having an existing, unabandoned, legally
established (and not one of the uses excepted from the spacing requirements
hereinafter provided) alcoholic beverage use which permits consumption on or off
the premises. The 1,500 feet distance requirements shall be measured by following
a straight line from the nearest portion of the structure of the place of business.
There are other similar establishments within one-thousand five-hundred feet (1,500') as
described on the enclosed Sketch of Distance Separation Survey. However, the Conditional Use
is supported by the fact that Gaby is intended to primarily serve the patrons dining in the
restaurant. It is also significant to note that many of the other nearby venues are located in the
Promenade Shops.
Conditional Use Criteria. The proposed Conditional Use addresses the criteria described
in Sec. 31-73 governing Conditional uses as follows:
1. The proposed use shall be consistent with the Comprehensive Plan.
The application is consistent with the goals and objectives of the Comprehensive Plan,
specifically a collection of different commercial and retail uses are encouraged within the
Business and Office designation.
2. The maintenance and operation of the restaurant shall not be detrimental to or
endanger the public health, safety, or general welfare.
The proposed use will not be detrimental to or endanger public health, safety or general
welfare. The Applicant intends to provide the sale of beer and wine, to its patrons. There
are several other establishments that serve alcohol in the area and the atmosphere of an
Italian restaurant is consistent and compatible with other restaurants serving alcohol in
the area.
3. The restaurant shall be consistent and compatible with other similar the dining
establishments and the neighborhood.
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6235 direct 1305.377.6222 fax I bfernandez@brzoninglaw.com
Mr. Keven Klopp, Planning Director
Page 3
The Property is consistent with community character of the immediate neighborhood. It
is anticipated that the alcohol sales will be limited as Gaby is a food service establishment
and not a bar. In addition, other similar establishments have existed in the area
responsibly for some time.
4. Utilities, roadway capacity, drainage, and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of service,
or will be available concurrent with demand as provided for in the requirements of
theses LDRs.
There are adequate utilities, roadway capacity, drainage, and other necessary public
facilities, including police, fire and emergency services, that will be available concurrent
with demand for the project. Gaby is proposed in an existing shopping center with
adequate infrastructure and facilities to support the proposed use.
S. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The restaurant is located in a shopping center with adequate ingress and egress and
parking for the proposed restaurant use. Therefore, there would be no traffic congestion
that is generated by the approval of this application.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The conditional use will not have any detrimental effect on the ability of surrounding
properties to develop for uses permitted in their zoning districts.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed restaurant will add visual variety to current array of restaurants in the area.
In addition, there will be no adverse impacts associated with the proposed dining
establishment.
For all of the foregoing reasons we hereby request your favorable review and
recommendation. We would appreciate your scheduling this application for the next available
public hearing.
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6235 direct 1305.377.6222 fax I bfernandez@brzoninglaw.com
Mr. Keven Klopp, Planning Director
Page 4
Thank you for your attention to this matter.
Sincerely,
Ben Fernandez
BF/bl
Enclosures
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6235 direct 1305.377.6222 fax bfernandez@brzoninglaw.com
EXHIBIT#2
Gaby by Call Me Gaby
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SW-11-th St— — — — —SWa1.th St — — -
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a aks I Highland O ; N E 207th St N C 1
m I Park 1 Promedade oust ry Chub Dr Golden Beach
J 1 Shops Parking 1
1 Lot 1
NE 203rd St 854 AventULa
1 1
1 glvd 1
to /
1 Pve" 22030380035 /
199th St 1 Don Soffer /
1 E /
Turnberry Isle Exercise Trail
97t h Ter Golf Course
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q 5 Aventura,Florida 33180 &---1 Aventura Municipal Boundary
EXHIBIT 3
LEGAL DESCRIPTION
AVENTURA 6TH ADDN PB 120-20
PART OF TR Q DESC COMM NE COR OF TR
R TH S 87 DEG W 266FT S 02 DEG E
237.88FT S 87 DEG W 242.67FT FOR
POB TH S 34 DEG W 17.11FT S 60 DEG
E 17.98FT S 29 DEG W 104.84FT N
60 DEG W 16.98FT S 29 DEG W 7.96FT
SWLY AD 39.98FT S 74 DEG W 56.48FT
SWLY AD 23.84FT S 46 DEG W 63.37FT
S 15 DEG E 15.98FT N 74 DEG E
24.51FT S 15 DEG E 43.75FT S 74 DEG
W25.07FTN 14 DEG W 6FT S 74 DEG W
30.87FT S 14 DEG E 6FT S 74 DEG W
151FT N 15 DEG W 5.86FT S 74 DEG W
17.47FT N 15 DEG W 40.20FT NWLY AD
33.5FT N 63 DEG W 45.29FT S 29 DEG
W 89.23FT N 60 DEG W 192.78FT N 29
DEG E 98.20FT NLY AD 183.01FT NWLY
AD 11.21FT N 15 DEG W 171.93FT NELY
AD 11.56FT N 10 DEG E 12.11FT NLY
AD 5.26FT N 16 DEG W 95.32FT NWLY
AD 13.38FT N 15 DEG W 258.33FT SELY
AD 424.73FT S 42 DEG E 518.18FT
SELY AD 126.34FT TO POB AKA MACYS
EXPANSION LEASE SITE
LOT SIZE 9.514 AC M/L
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CITY OF AVENTURA RESOLUTION NO. 2024-
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 A COCKTAIL LOUNGE AREA WITHIN GABY BY CALL ME GABY
RESTAURANT LOCATED AT 19565 BISCAYNE BOULEVARD, UNIT
938, IN THE AVENTURA MALL; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property at 19565 Biscayne Boulevard, Space 938, legally
described in Exhibit "A", is zoned B2, Community Business District; and
WHEREAS, the applicant, Gaby Aventura, LLC, through Application No.
CUP2402-0001 ("Applicant"), is requesting Conditional Use approval to permit the sale
and service of alcoholic beverages at a cocktail lounge/bar area within Gaby by Call Me
Gaby restaurant established at space 938 on the first 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 Lounge/Bar established in space 938 of the Gaby
by Call Me Gaby restaurant 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 the Gaby by Call Me Gaby restaurant
established at the Aventura Mall and may not be transferred to any other location.
2. Customers will not be permitted to remove any 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.
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
City of Aventura Resolution No. 2024-
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
Page 2 of 4
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED this 5th day of March, 2024.
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 3 of 4
City of Aventura Resolution No. 2024-
EXHIBIT "A"
Legal Description
AVENTURA 6TH ADDN PB 120-20
PART OF TR Q DESC COMM NE COR OF TR
R TH S 87 DEG W 266FT S 02 DEG E
237.88FT S 87 DEG W 242.67FT FOR
POB TH S 34 DEG W 17.11 FT S 60 DEG
E 17.98FT S 29 DEG W 104.84FT N
60 DEG W 16.98FT S 29 DEG W 7.96FT
SWLY AD 39.98FT S 74 DEG W 56.48FT
SWLY AD 23.84FT S 46 DEG W 63.37FT
S 15 DEG E 15.98FT N 74 DEG E
24.51 FT S 15 DEG E 43.75FT S 74 DEG
W25.07FTN 14 DEG W 6FT S 74 DEG W
30.87FT S 14 DEG E 6FT S 74 DEG W
151FTN 15 DEG W 5.86FT S 74 DEG W
17.47FT N 15 DEG W 40.20FT NWLY AD
33.5FT N 63 DEG W 45.29FT S 29 DEG
W 89.23FT N 60 DEG W 192.78FT N 29
DEG E 98.20FT NLY AD 183.01 FT NWLY
AD 11.21 FT N 15 DEG W 171.93FT NELY
AD 11.56FT N 10 DEG E 12.11 FT NLY
AD 5.26FT N 16 DEG W 95.32FT NWLY
AD 13.38FT N 15 DEG W 258.33FT SELY
AD 424.73FT S 42 DEG E 518.18FT
SELY AD 126.34FT TO POB AKA MACYS
EXPANSION LEASE SITE
LOT SIZE 9.514 AC M/L
FAU 28 2203 038 0030 0070 & 0100
Page 4 of 4