98-066 RESOLUTION NO. 98-66
A RESOLU'I'ION OF THE CITY COMMISSION OF THE
CITY OF A~.'ENTURA, FLORIDA, GRANTING UNUSUAL
USE APPR()VAL TO PERMIT OUTDOOR PATIO AND
TABLE SEI~VlCE IN CONNECTION WITH SECOND
FLOOR C(~URTYARD RESTAURANTS, RAINFOREST
CAFI5 ANDTU TU TANGO; DENYING THE REQUEST TO
PERMIT OUTDOOR PATIO AND TABLE SERVICE IN
CONNECTI(:N WITH FIRST FLOOR COURTYARD
RESTAURAIITS, TO AVENTURA MALL VENTURE,
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 Apl ~licant, Turnberry Associates, through Application No. 05-UU-
98, is requesting Unusual Use approval to permit outdoor patio and table service in
connection with restaura~lts on that certain property located at 19501 Biscayne
Boulevard; and
WHEREAS, the Cit' Commission has held a public hearing as provided by law;
and
WHEREAS, the Cit' Commission finds that the Application meets the criteria of
the applicable codes and dinances, to the extent the application is granted herein.
NOW, THEREFOr~ !, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL{)RIDA, THAT:
Resolution No. 98-66
Page 2
Section 1. Application Number 05-UU-98 for Unusual Use approval to permit
outdoor patio and table ~ervice in connection with restaurants on property legally
described as:
Tract Q, Aventura ~th Addition as recorded in Plat Book 120, Page 20 of
the Public Records of Dade County
a.k.a.
Aventura Mall
19501 Biscayne Be ulevard
is hereby acted upon, with conditions, as follows:
1) Deny the request for ~utdoor patio and table service in connection with first floor
courtyard restaurants, n the basis that it does not meet the criteria for the granting
of an Unusual Use four,d in Chapter 33 of the Miami-Dade County Code; and
2) Approve the request fc outdoor patio and table service in connection with second
floor courtyard restaur~ ts, Rainforest Caf6 and Tu Tu Tango.
STANDARD CONDITONS
1. Plans shall substantiall,, comply with those submitted as follows:
· "Aventura Mall- Expansion", Courtyard Seating Plan, Sheet 36-12, prepared
by RTKL Associ ~tes Inc., dated 6-24-98.
PROJECT SPECIFIC COF DITIONS
1. The outdoor patio din ng shall be operated solely as an accessory use to the
restaurant, and if the ~staurant use is terminated, the outdoor patio dining use will
automatically expire.
Resolution No. 98-66
Page 3
2. The outdoor dining s[all 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 cre;ite noise disturbances. The public hearing shall be set if the
Director of the Departr~ ent finds probable cause to believe that a noise disturbance
has been created, base upon complaints received or the Director's observation.
3. No plastic or paper si' be utilized for food or beverage service in the outdoor
dining area, so as to av 3id litter problems.
Section 2. This pproval in no way affects approvals granted pursuant to
Resolution No. 98-16 and {esolution No. 98-46.
Section 3. The Cty 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 ~on the records of the City.
Section 4. This ',esolution shall become effective immediately upon its
adoption.
The foregoing Re 31ution 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 ~/as as follows:
Comn" issioner Arthur Berger absent
Corem issioner Jay R. Beskin /es
Comr~ issioner Harry Holzberg /es
Commissioner Jeffrey M. Perlow /es
Commissioner Patricia Rogers-Libert /es
Vice Iv ayor Ken Cohen /es
Mayor Arthur I. Snyder /es
Resolution No. 98-66
Page 4
PASSED AND ADOPTED :his 4th day °f August' 19982'~ ~
A?'Ur I. Snyder, ,Mayor tj~/~/'
ATTEST:
Teresa M. Smith, CMC, Ci~ Clerk
APPROVED AS TO LEGA SUFFICIENCY:
City Attorney
This Resolut filed City Clerk this /~ day of~, 199
CITY CLERK