2015-29 Application 02-CU-15 Approval Bed Bath & Beyond RESOLUTION NO. 2015-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE OF BEER AND WINE IN A GROCERY
SECTION OF THE BED BATH & BEYOND STORE LOCATED AT
19205 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, Bed Bath & Beyond Inc., through Application No. 02-
CU-15 is requesting conditional use approval to permit the sale of beer and wine in a
grocery section of its existing store at 19205 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
a grocery section of the Bed Bath & Beyond 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 in Exhibit "A" attached to this Resolution and known as
municipal address 19205 Biscayne Boulevard, City of Aventura.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to the Bed Bath & Beyond store at 19205
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 a grocery section
of the existing Bed Bath & Beyond store. This conditional use approval shall
City of Aventura Resolution No. 2015-29
Page 2
terminate in the event the grocery section of the store is not established or is
established and subsequently removed.
4. The applicant shall obtain all necessary license or licenses from the State of Florida
to allow package sales of beer and wine in sealed containers for consumption off
premises only.
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 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. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033 Florida Statutes as amended.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Vice Mayor Holzberg, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Teri Holzberg Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2015-a9
Page 3
PASSED AND ADOPTED this 7th day of April, 2015.
ENID WEISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVATHeff C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 7th day of April, 2015
GG
CITY CLERK
City of Aventura Resolution No. 2015-29
Page 4
EXHIBIT "A" TO RESOLUTION NO. 2015-29
LEGAL DESCRIPTION OF SUBJECT PROPERTY
All of Tract A of Soffer Redlich Plat, according to the Plat thereof, as recorded in Plat
Book 153, Page 56, of the Public Records of Miami-Dade County, Florida;
Less and Except:
Beginning at the SE corner of said Tract A, Thence along the boundary line of said
Tract A for the following described four (4) courses; (1) Thence North 2 degrees 51
minutes 49 seconds West for 617.34 feet to a point on the limited access right of way of
State Road 852; (2) Thence North 56 degrees 51 minutes 19 seconds West, along the
previously described line for 186.33 feet; (3) Thence South 2 degrees 54 minutes 5
seconds East for 75.53 feet; (4) Thence South 87 degrees 31 minutes 10 seconds
West for 45.92 feet; Thence South 2 degrees 51 minutes 9 seconds East, departing
the above named boundary line of said Tract for 198.25 feet; Thence South 47 degrees
08minutes 18 seconds East for 27.93 feet; Thence South 2 degrees 51 minutes 49
seconds East for 432.04 feet to a point on the south line of said Tract A; Thence North
87 degrees 34 minutes 58 seconds East along the previously described line for 177.09
feet to the point of beginning.