Resolution No. 2017-21 Conditional Use Approval for Beer and Wine at CVS Store (2962 Aventura Blvd.) - April 4, 2017 RESOLUTION NO. 2017-21
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 CVS STORE
LOCATED IN THE COMMERCIAL PLAZA AT 2962 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, Regency Centers LP, through Application No. 02-CU-
17 is requesting conditional use approval to permit the sale of beer and wine in the
proposed CVS pharmacy/drug/sundries store in the commercial plaza at 2962 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 in
the proposed CVS pharmacy/drug/sundries store in the B2 zoning district is hereby
granted, subject to the conditions set out in this Resolution, on property legally
described as a part of Tract "G", Aventura Second Addition, according to the Plat
thereof recorded in Plat Book 99, Page 21, of the Public Records of Miami Dade
County, Florida, City of Aventura, more particularly described in Exhibit "A" to this
resolution.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to the CVS pharmacy/drug/sundries store
in the Regency Centers commercial plaza at 2962 Aventura Boulevard, City of
Aventura.
City of Aventura Resolution No. 2017-21
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 proposed
CVS pharmacy/drug/sundries store. This conditional use approval shall terminate in
the event the pharmacy/drug store/sundries use is not established or is terminated.
4. The applicant shall obtain a state license for 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. 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 Vice Mayor Narotsky, who moved its
adoption. The motion was seconded by Commissioner Shelley, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2017-21
PASSED AND ADOPTED this 4th day of April, 2017.
k / •
ENID WEISMAN, A 0 '
* *i
qty Q( SIC`
ATTEST:
ELLISA L. HORVAT leC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
1 i
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this -1 day of rl , 2017.
CITY CLERK -----C: 5 ---
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City of Aventura Resolution No. 2017-21
EXHIBIT `A'
LEGAL DESCRIPTION OF THE PROPERTY
A tract of land lying in both Section 34, Township 51 South, Range 42 East, and
Section 3, Township 52 South, Range 42 East, Dade County, Florida, and being a
portion of Tract G, AVENTURA SECOND ADDITION, as recorded in Plat Book 99,
Page 21, of the Public Records of Dade County, Florida, more particularly described as
follows:
Commence at the intersection of the center lines of Aventura Boulevard and West
Country Club Drive, as shown on the Plat of the Third Addition Biscayne Yacht and
Country Club, as recorded in Plat Book 92, Page 84, of the Public Records of Dade
County, Florida; thence S82°36'41" along the center line of Aventura Boulevard of
249.71 feet to a point of curvature to a curve that is concave to the southeast; thence
S7°23'19" East on a radial line to said curve for 73.00 feet to a point of curvature on the
southerly right-of-way line of said Aventura Boulevard; thence southwesterly along the
said right-of-way line, the same being a curve concave to the southeast, having a radius
of 3746.72 feet and a central angle of 1°28'37" for 96.58 feet to the Point of Beginning
of said parcel of land; thence S2°40'32" East for 933.47 feet to a point; thence
S87°19'28" West for 350.00 feet to a point, thence North 13°08'55" West for 469.40
feet to a point of curvature to a curve that is concave to the northeast; thence along the
arc of said curve, having a radius of 810.00 feet and a central angle of 22°21'09" for
316.00 feet to a point of reverse curvature to a curve that is concave to the northwest;
thence along the arc of the last described curve having a radius of 414.45 feet and
central angle of 12°10'45" for 88.06 feet to a point on a curve on the southerly right-of-
way line of Aventura Boulevard, thence northeasterly along said right-of-way line, the
same being a curve concave to the southeast, having a radius of 3746.72 feet and a
central angle of 6°33'19" for 428.87 feet to the Point of Beginning
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