Z-96-11-ACC-2 CITY OF AVENTURA
RESOLUTION NO. Z-96-11-ACC-2
WHEREAS, AVENTURA COMMONS ASSOCIATES. LTD., hereinafter
referred to as "Applicant," has applied to the City of Aventura for
the following zoning approvals (the "Application") for that certain
property at the Southeast corner of N.E. 213 Street and Biscayne
Boulevard in Aventura, Florida (the "Property") as legally
described on Exhibit "A" attached hereto:
Items for Which Zoninq Approval Was Souqht:
Special Exception of spacing requirements as applied to
alcoholic beverage uses to permit a proposed package liquor
store in a shopping center spaced less than the required 1,500
from another existing liquor establishment and spaced less
than the required 2,500 from an existing religious facility,
all as described in Application No. 96-11-ACC-2.
W/qEREAS, the Application is subject to the jurisdiction of the
City of Aventura City Council (the "City Council") in accordance
with City Ordinance No. 96-08; and
WHEREAS, the public hearings by the City Council were held in
accordance with public notice as required by law; and
WHEREAS, the City Council has been advised by City Staff that
the subject Application has been reviewed for compliance with
concurrency requirements for levels of service and, at this stage
of the request, the same was found to comply with such
requirements; and
WHEREAS, upon due and proper consideration having been given
to the matter, it is the opinion of the City Council that the
requested Zoning Approval which is granted below is justified and
does meet the requirements of the Dade County Zoning Code (the
"Code"), as applied pursuant to City Charter Section 8.03 and City
Ordinance No. 96-08 (the "Ordinance") and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, as follows:
Section 1. That the above stated recitals and findings are
incorporated by reference and the Application be and the same is
hereby approved, subject to the applicable conditions set forth
below, as follows:
Special Exception of spacing requirements as applied to
alcoholic beverage uses to permit a proposed package liquor store
in a shopping center spaced less than the required 1,500' from
another existing liquor establishment and spaced less than the
required 2,500' from an existing religious facility is hereby
granted.
Section 2. Conditions: That the conditions hereby
established upon the Zoning Approvals granted above are as follows:
1. That a site plan (the "Plan") be submitted by Applicant
and meet with the approval of the Director of Community
Development (the "Department") upon the submittal of an
application for a building permit and~or Certificate of
Use and Occupancy, said Plan to include but not be
limited to, location of structure or structures, types,
sizes, and location of signs, light standards, off-street
parking areas, exits and entrances, drainage, walls,
fences, landscaping, etc.
2. That in the approval of the plan, the same be
substantially in accordance with that submitted for the
hearing entitled "Specific Purpose Survey Liquor
Survey," as prepared by CCL Consultants, Inc. and last
dated 8~8~96.
3. That the Applicant obtain a Certificate of Use and
Occupancy from and promptly renew the same annually with
the Department, upon compliance with all terms and
conditions, the same subject to cancellation upon
violation of any of the conditions.
4. That the hours of operation shall be as provided by laws
governing alcoholic beverage sales and shall be further
restricted to a closing time of no later than 10:00 p.m.
each day, and not later than 9:00 p.m. on Sunday, except
that for the period of December 17 of each year to and
including January 1st of the immediately following year,
the hours of operation may be extended to 11:00 p.m.
unless prohibited by law.
5. The Zoning Approval granted is subject to the further
condition that development authorized by this Resolution
be established and maintained in accordance with the
Plans.
Section 3. That notice is hereby given to the Applicant
that the approval granted herein constitutes an initial development
order and does not constitute a final development order and that
one, or more, concurrency determinations may subsequently be
required before development will be permitted.
Section 4. That the City Manager or his designee is hereby
authorized to make the necessary notations upon the maps and
records of the City of Aventura and to cause the issuance of all
necessary permits in accordance with the terms and conditions of
this Resolution.
2
PASSED MD ~OPTED this 5th day of/~m>~r,----~996/~
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTO~EY
Filed in the Office of the City Clerk, City of Aventura this
day of , 1996.
Teresa M. Smith
(SEAL) City Clerk
328001~resoluti~Commons. 123
SUBJECT PROPERTY: A portion of DONN ACRES, Plat book 76, Page 30, being more particularly
described as follows:
Commence at the Noltheast comer of Section 34, Township 51 South, Range 42 East; thence mn
S 1°59'3"E, along the E/ly line of said Section 34, for 709.14'; thence mn S88°0'57"W for 40'; thence mn
S88°26'3"W for 1,729.66' to the Point of beginning, said Point of beginning bearing S73°32'1 I"E from the
center of the next mentioned circular curve; thence mn SW/Iy, along a circular curve to the right having for
its elements a central angle of 6°15'29'' and a radius of 4,964.09', for an arc distance of 542.2' to a Point of
tangency; thence mn S22°43qS"W for 481.87'; thence nm S88°12'28"W for 498.74'; thence mn
N2°55'32"W for 25'; thence mn S88°12'28"W for 634.57'; thence mn N2°37'40"W for 28.69'; thence mn
N22°43'18"E for 899.98' to a Point of curvature; thence mn NE/Iy, along a circular curve to the left having
for its elements a central angle of 0°57'39" and a radius of 3,909.83', for an arc distance of 65.57' to a
Point of reverse curvature; thence mn NE/Iy, along a circular curve to the right having for its elements a
central angle of 66o40'24'' and a radius of 25', for an arc distance of 29.09' to a Point of tangency; thence
mn N88°26'3"E for 1,108.64' to the Point of beginning.
LOCATION: The Southeast comer of N.E. 213 Street & Biscayne Boulevard (State Road No. 5), Dade
County, Florida.
SIZE OF PROPERTY: 24.64 Acres
PRESENT ZONING: BU-2 (Business - Special)