Resolution No. 2018-96 Conditional Use Approval for Liquor Package Store at 2952 Aventura Blvd. Publix Super Markets Inc. (06-CU-18) - November 13, 2018 RESOLUTION NO. 2018-96
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
AT 2952 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; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Publix Super Markets Inc., through Application No.
06-CU-18 is requesting conditional use approval to permit the establishment of a 1,687
square foot, more or less, liquor package store at 2952 Aventura Boulevard,
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 at 2952 Aventura Boulevard, City of Aventura, located in the B2
City of Aventura Resolution No. 2018-96
zoning district, is hereby granted, subject to the conditions set out in this Resolution, on
property legally described in Part of Tract G, Aventura Second Addition, as recorded in
Plat Book 99, Page 21 of the Public Records of Miami-Dade County, Florida, City of
Aventura.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to Publix Super Markets Inc., at 2952
Aventura 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 State of Florida liquor license for package sales only
with no sales by the drink or consumption on premises permitted.
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 applicant shall implement the security measures outlined in its letter dated
October 12, 2018.
7. The liquor package store shall be operated in conjunction with the adjacent grocery
store. This conditional use approval shall terminate in the event the grocery store
use is terminated.
8. 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. 2018-96
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 Weinberg, 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 Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 13th day of November, 2018.
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City of Aventura Resolution No. 2018-96
L
ENID WEI MAN, MAYOR
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ATTEST:
/MI .4116-
ELLISA L. HORVAT �C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this I day of 0\ , 2018.
CITY CLERK
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