98-086 RESOLUTION NO. 98-86
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 COURTYARD
RESTAURANT, CHINA GRILL CAFI~, AT AVENTURA
MALL, LOCATED AT 19501 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, China Grll Caf~ Aventura, Inc., through Application
No. 01-UU-99, has requested Unusual Use approval to permit outdoor patio and table
service in connection with a restaurant, China Grill Cafe, on that certain property
located at 19501 Biscayne Boulevard, a.k.a. Aventura Mall, in Aventura, Florida; and
WHEREAS, following proper notice, 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 code 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 No. 01-UU-99 for Unusual Use approval to permit
outdoor patio and table service in connection with a restaurant on property legally
described as:
Resolution No. 98-86
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 exclusively to China Grill Cafe, subject to the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
"China Grill Cafb Aventura" Furniture/Exiting Plan, Sheet A-103, prepared by
Zyscovich, Inc., dated March 18, 1998, revised May 20, 1998.
PROJECT SPECIFIC CONDITIONS
2. The outdoor patio dining shall be operated solely as an accessory use to the
restaurant, and if this use is terminated, the outdoor patio dining use will
automatically expire.
3. 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.
4. No plastic or paper shall be utilized for food or beverage service in the outdoor
dining area, so as to avoid litter problems.
Resolution No. 98-86
Page 3
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 co...i ssJ_o.er Pez:lo.a , who moved its
adoption. The motion was seconded by co-..issJ_o.er ]~ez:~ez; and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen ),es
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 17t" day of November .1998. ,~
ATTEST:
: : ,
o
TERESA M. SMITH, CMC, CITY CLERK
APPROVEDAS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
'[~Resol~tion ~v'~f~,led in the Office of the City Clerk this [~ day of
CITY CLERK