2010-27RESOLUTION NO. 2010-27
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE OF BEER AND WINE AT THE WALGREENS
PHARMACY/DRUG STORE LOCATED AT 3007 AVENTURA
BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND
SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION
4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Dwayne L. Dickerson on behalf of Walgreens Co.,
through Application No. 01-CU-10 is requesting conditional use approval to permit the
sale of beer and wine at its existing pharmacy/drug store at 3007 Aventura Boulevard,
City of Aventura, notwithstanding the spacing and distance requirements of Chapter 4,
Section 4-2(a) and (b) of the City Code; 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 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 for Conditional Use to permit the sale of wine and beer
from an existing Walgreens pharmacy/drug store in the B2 zoning district is hereby
granted exclusively to the Applicant, subject to the conditions set out in this Resolution,
on property legally described as Parts of Tract "S", Aventura Seventh Addition, as
recorded in Plat Book 120, Page 99, of the Public Records of Miami-Dade County,
more particularly described in Exhibit "A" to this resolution and known as municipal
address 3007 Aventura Boulevard, City of Aventura.
Resolution No. 2010-27
Page 2
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to the Walgreen Co. pharmacy/drug store
at 3007 Aventura Boulevard, City of Aventura, for beer and wine package sales
only.
2. The use shall be established within twelve (12) months of the date of the approved
resolution, or the approval granted herein shall expire, unless extended by motion of
the City Commission at the written request of the applicant.
3. The sale of wine and beer shall be established in conjunction with the existing
pharmacy/drug store. This conditional use approval shall terminate in the event the
pharmacy/drug store use is terminated.
4. The applicant shall obtain a state license for beer and wine package sales only with
no consumption on premises permitted.
5. The sale of alcoholic beverages shall be terminated in the event that the City
Commission determines, after a public hearing, that the operation has created
and/or may tend to create a disturbance to the community. A public hearing shall be
set if the City Manager finds probable cause to believe that a disturbance has been
created, based upon complaints received or the City Manager's observation.
6. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3 of the City Code.
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.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach no
Commissioner Bob Diamond no
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern no
Vice Mayor Luz Urbaez Weinberg yes
Mayor Susan Gottlieb yes
Resolution No. 2010
Page 3
PASSED AND ADOPTED this 4th day of May, 2010.
USAN GO LIEB, MAYOR
.. n
APPROVED AS TO AL SUF CIENCY:
CITY ATT NEY
Resolution was filed in the Office of the City Clerk this ~O~ day of May, 2010
C
Exhibit °°A"
That portion of Tract "S" of AVENTURA SEVENTH ADDITION, according to the Plat thereof, as
Recorded in Plat Book 120, at Page 99 of the Public Records of Miami-Dade County, Florida,
More particularly described as follows:
Begin at the Southeasterly corner of said Tract "S"; thence North 03 degrees J 7'07" West along the
East line of said Tract "S" for 344.29 feet; thence South 87 degrees 51'41" West for 267.21 feet to
the West line of said Tract "S"; thence along the boundary of said Tract "S" for the following
described three (3) courses; (1}thence South 03 degrees 17'07" East for 362.32 feet to a point of
curvature of a circular curve concave to the Northeast; (2) thence along the arc of said curve having
a radius of 25 feet and a central angel of 100 degrees 40'53" for 43.93 feet to a point of reverse
curve of a circular curve concave to the South; (3) thence along the arc of said curve having a radius
of 3892.72 feet and a central angle of 3 degrees 32'21" for 240.46 feet to the Point of Beginning.
RM,70955602