98-049 RESOLUTION NO. 98-49
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING UNUSUAL
USE APPROVAL TO PERMIT OUTDOOR PATIO AND
TABLE SERVICE IN CONNECTION WITH A
RESTAURANT, TO CHEESECAKE FACTORY, 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, Cheesecake Factory, Inc., through Application No.
04-UU-98 is requesting Unusual Use approval 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 law;
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. Application Number 04-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
is hereby acted upon as follows:
Resolution No.98-49
Page 2
Section 2. Application No. 04-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:
· "The Cheesecake Factory" Index/Reference Plan "North", Sheet ID-1.2A,
prepared by Raygal, dated 11-19-97; and
· "The Cheesecake Factory" Index/Reference Plan "South", Sheet ID-1.2B,
prepared by Raygal, dated 11~19-97.
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.
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.
Resolution No. 98-/49
Page 3
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 3. 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.
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Beskin , who moved
its adoption. The motion was seconded by Commissioner]~erger , and upon being
put to vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey Perlow yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 9th day of June, 1998.
Arthur I. SnYder Mayor
Teresa M. Smith, CMC, City Clerk
APPR_~ED AS TO~G,z~]~UFFICIENCY:
(~R~Attorn~" - ~j k --
This R lution ~a~ fCe~],,~n the Office of the City Clerk this /~0 day of June, 1998.
CITY CLERK