2011-18RESOLUTION NO. 2011-18
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 TARGET
STORE LOCATED AT 21265 BISCAYNE 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, Patricia A. Johnson on behalf of Target Corporation,
through Application No. 01-CU-11 is requesting conditional use approval to permit the
sale of beer and wine in the grocery section of its existing department store at 21265
Biscayne 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 in
the grocery section of the Target 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 Tract B of Aventura Commons, according to the plat
thereof recorded in Plat Book 151, Page 58 of the Public Records of Miami-Dade
County and known as municipal address 21265 Biscayne Boulevard, City of Aventura.
Section 2. Approval of the request above is subject to the following conditions:
Resolution No. 2011-18
Page 2
1. This approval shall be granted exclusively to the Target Corporation department
store at 21265 Biscayne Boulevard, City of Aventura.
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
grocery section of the existing department store. This conditional use approval shall
terminate in the event the grocery section of the department store is terminated.
4. The applicant shall obtain a 2APS Series Sate of Florida license which allows
package sales of beer and wine in sealed containers for consumption off premises
only and the applicant shall not provide for the sale of beer or wine for on-premises
consumption.
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, namely, between 8:00 a.m.
and 10:00 p.m., except that the sale of beer that may be made in sealed containers
for off-premises consumption during such hours as the store is legally open for sale
of other grocery items.
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 Joel, 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 Teri Holzberg absent
Commissioner Billy Joel ~s
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb
Resolution No. 2011-18
Page 3
PASSED AND ADOPTED this 1St day of Febr ary, 201,1.
~ usan Gottlieb, ayor
:SA M. SOIL KA, I'~IIMC
CLERK ~J
APPROVED A`S T~O~L AL SUF~IENCY:
~~`vl
CITY ATTORNEY
This~2esolution was fi~f in the Office of the City Clerk this 1 st day of February, 2011.
CLERK