98-046 RESOLUTION NO. 98-46
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, DENYING A SPECIAL
EXCEPTION TO SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE OF ALCOHOLIC
BEVERAGES; GRANTING UNUSUAL USE APPROVAL
TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN
CONNECTION WITH A RESTAURANT, TO COCO'S OF
AVENTURA, INC., LOCATED AT 19501 BISCAYNE
BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Coco's of Aventura, Inc. through Application No. 02-
SE-98 is requesting a Special Exception to permit a restaurant with a cocktail lounge
located within a 1500 feet radius of another alcoholic beverage use on that certain
property located at 19501 Biscayne Boulevard; and
WHEREAS, the Applicant, Coco's of Aventura, Inc. through Application No. 03-
UU-98 is requesting an Unusual Use to permit outdoor patio and table service in
connection with a restaurant on that certain property located at 19501 Biscayne
Boulevard; and
WHEREAS, the City Commission has held a public hearing as provided by la~
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:
Resolution No. 98-46
Page 2
Section 1. Application Numbers 02-SE-98 for Special Exception and 03-UU-98
for Unusual Use approval on property legally described as:
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
are hereby acted upon as follows:
Section 2. Application No. 02-SE-98 for a Special Exception to spacing and
distance requirements to the sale of alcoholic beverages is hereby denied.
Section 3. Application No. 03-UU-98 for an Unusual Use to permit outdoor
patio and table service in connection with a restaurant is hereby approved subject to the
following conditions:
CONDITIONS
STANDARD CONDITONS
1. Plans shall substantially comply with those submitted as follows:
· "Coco's Seating Floor Plan", Sheet A-1 of 1, prepared by Blitstein Design
Associates, dated 05-04-98.
2. Applicant shall obtain building permits within 12 months of the date of this Resolution
or the approvals granted shall be deemed null and void unless extended by a motion
of the City Commission.
Resolution No. 98-46
Page 3
PROJECT SPECIFIC CONDITIONS
1. The outdoor patio dining 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.
2. The outdoor dining shall be terminated in the event that the City Commission
determines, after a public hearing, that the outdoor dining operation has created
and/or 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.
3. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
Section 4. 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 $. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Beskin, and upon
being put to vote, the vote was as follows:
Resolution No. 98-46
Page 4
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow yes
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 19th day of//M'~
A~u/I. ,~nyder,~ o~~
ATTEST: ",, ~i~ .
Teresa M. Smith, CMC. City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
/~' 199c,,.
This Re?Olution vas flle..,d in the Office of the City Clerk this ~/~? day of ~ , f"
CITY CLERK