Resolution No. 2017-52 Conditional Use Approval for Liquor Package Store (19925 Biscayne Boulevard) to Florida Fine Wine & Spirits dba Total Wine & More - October 3, 2017 RESOLUTION NO. 2017-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE
LOCATED IN THE COMMERICAL PLAZA TENANT SPACE AT 19925
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; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Florida Fine Wine & Spirits LLC, dba Total Wine &
More, through Application No. 04-CU-17 is requesting conditional use approval to
permit the establishment of a liquor package store in the commercial plaza tenant
space at 19925 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, subject to
conditions, 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 establishment of a
liquor package store with ancillary education room and wine tasting as permitted by
Florida law, in the commercial plaza tenant space at 19925 Biscayne Boulevard,
City of Aventura Resolution No. 2017-52
located 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 "A-12", Aventura Twelfth
Addition, according to the Plat thereof recorded in Plat Book 146, Page 19, 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 Florida Fine Wine & Spirits LLC dba
Total Wine & More for the commercial plaza tenant space at 19925 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 applicant shall obtain a 4COP Series state license for sale of beer, wine and
liquor. No sales by the drink or consumption on premises are permitted, except for
2.5 fluid ounce maximum size beverage sample tasting at in-store events and
seminars.
4. The applicant shall provide responsible vendor training programs for its associates.
5. 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 the hours
of 8 a.m. and 10 p.m., except for sales on Christmas Eve and New Year's Eve when
sales are permitted until 12 midnight.
6. 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.
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City of Aventura Resolution No. 2017-52
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 Shelley, who moved its
adoption. The motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks No
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 3rd day of October, 2017.
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City of Aventura Resolution No. 2017-52
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ENID WEISMAN, MAYOR
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ELLISA L. HORVA H, 1, MC
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 3 day of 0C , 2017.
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CITY CLERK
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City of Aventura Resolution No. 2017-52
EXHIBIT 'A'
LEGAL DESCRIPTION OF THE PROPERTY
TRACT "A-12", AVENTURA TWELFTH ADDITION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 146, PAGE
19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWING
PARCEL VESTED IN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION PURSUANT TO THAT CERTAIN ORDER OF
TAKING RECORDED APRIL 3, 1998, IN OFFICIAL RECORDS
BOOK 18041, PAGE 3522, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA:
BEGIN AT THE NORTHWEST CORNER OF TRACT "B-12" OF
SAID PLAT OF AVENTURA TWELFTH ADDITION; THENCE
ALONG THE NORTH LINE OF SAID TRACTS "A-12" AND "B-12",
NORTH 87°33'08" EAST, A DISTANCE OF 21.102 METERS (69.23
FEET)TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
EAST AND HAVING A RADIUS OF 1,687.000 METERS (5,534.77
FEET) AND A TANGENT BEARING OF SOUTH 00°48'11" WEST;
THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
01°55'32" FOR A DISTANCE OF 56.695 METERS (186.01 FEET)
TO REFERENCE POINT "C" AND THE POINT OF REVERSE
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE WEST
AND HAVING A RADIUS OF 603.000 METERS (1,978.34 FEET);
THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
06°26'15" FOR A DISTANCE OF 67.752 METERS (222.28 FEET)
TO A NON-TANGENT POINT ON A CIRCULAR CURVE CONCAVE
TO THE EAST AND HAVING A RADIUS OF 1,156.328 METERS
(3,793.72 FEET) AND A TANGENT BEARING OF SOUTH
01°37'10" WEST; THENCE RUN SOUTHERLY ALONG THE ARC
OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 02°25'46" FOR A DISTANCE OF 49.030 METERS
(160.86 FEET); THENCE ALONG THE EAST LIMITED ACCESS
RIGHT-OF-WAY LINE OF STATE ROAD NO. 5 (BISCAYNE
BOULEVARD) FOR THE FOLLOWING TWO (2) COURSES: (1)
NORTH 2.8°05'09" WEST A DISTANCE OF 9.346 MEI ERS (30.66
FEET); (2) NORTH 05°24'59" WEST A DISTANCE OF 63.659
ME t ERS (208.85 FEET); THENCE ALONG THE EAST RIGHT-OF-
WAY LINE OF STATE ROAD NO, 5 (BISCAYNE BOULEVARD) FOR
THE FOLLOWING TWO (2) COURSES: (1) SOUTH 87°30'59"
WEST A DISTANCE OF 4.267 METERS (14.00) FEET; (2) NORTH
02°07'21" WEST A DISTANCE OF 101.121 METERS (331.76)
FEET TO THE POINT OF BEGINNING.
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