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98-016 RESOLUTION NO. 98-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, GRANTING SPECIAL EXCEPTION APPROVAL TO CHEESECAKE FACTORY, INC. FOR PROPERTY LOCATED AT 19501 BISCAYNE BOULEVARD TO PERMIT AN ADDITIONAL RESTAURANT WITH A COCKTAIL LOUNGE-BAR WITHIN A SHOPPING CENTER WHERE ONE (1) SUCH RESTAURANT WITH A COCKTAIL LOUNGE-BAR IS PERMITTED IN A SHOPPING CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Cheesecake Factory, Inc. is requesting a Special Exception to permit an additional restaurant with a cocktail lounge-bar in a shopping center where only one (1) such restaurant with a cocktail lounge-bar is allowed on that certain property located at 19501 Biscayne Boulevard; and WHEREAS, the Community Development Department recommends approval of this request subject to conditions; and WHEREAS, the City Council has held a public hearing as provided by law and WHEREAS, the City Council 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 COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-SE-98 for a Special Exception approval on property legally described as: Resolution No. 98-]6 Page 2 Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County a.k.a. Aventura Mall 19501 Biscayne Boulevard is hereby granted to Cheesecake Factory, Inc. subject to the following terms and conditions: CONDITIONS 1. Operating hours shall be 11:30 a.m. - 11:00 p.m. Monday - Thursday and Sunday, and 11:30 a.m. - 12:30 a.m. on Friday and Saturday; 2. The operating hours for the cocktail lounge-bar shall not extend beyond those of the restaurant; 3. The requirements of Section 33-150(e)(4) shall be met. Section 2. The City Manager is authorized to cause the issuance of 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. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Rogers-Libert, who moved its adoption. The motion was seconded by Councilmember Berger, and upon being put to vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Councilmember Harry Hoizberg yes Councilmember Jeffrey Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes Resolution No. 98-16 Page 3 Artl~ur I. Sn~16r, ~ayor ATTEST: ~ ~ Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney