Resolution No. 2024-06 Conditional Use Approval for Liquor Package Store at 19205 Biscayne Boulevard E150 (The Fresh Market) - January 9, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-06
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 19205 BISCAYNE BOULEVARD, UNIT E150, CITY OF
AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC
BEVERAGES REGULATED BY SECTION 4-2(A) AND 4-2(B) OF THE
CITY CODE; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property at 19205 Biscayne Boulevard, Unit E150, legally
described in Exhibit "A" (the "Property"), is zoned B2, Community Business District; and
WHEREAS, the applicant, The Fresh Market Inc., through Application No.
CUP2312-0001 ("Applicant"), is requesting Conditional Use approval to permit the
establishment of a liquor package store at 19205 Biscayne Boulevard, Unit E150,
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 held a quasi-judicial
public hearing as provided by law to review the application; 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 establishment of a liquor
package store at 19205 Biscayne Boulevard, Unit E150, legally described in "Exhibit A"
to this resolution, is hereby granted subject to the following conditions:
1 . This approval shall be granted exclusively to The Fresh Market Liquor Store to be
established at the Property. This approval may not be transferred to any other location.
2. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3(a) of the City Code; namely, between the hours
of 8:00 a.m. and 10:00 p.m.
3. The applicant shall obtain an alcoholic beverage license from the State of Florida and
begin sales of alcoholic beverages within twelve (12) months of the date of this
approval or the approvals granted shall be deemed null and void unless extended by
a motion of the City Commission at the written request of the applicant, provided that
City of Aventura Resolution No. 2024-06
the applicant has filed the request for extension within the twelve (12) month period
prior to expiration.
4. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes
to ensure no sales are made to underage customers.
5. The conditional use approval may be terminated in the event the City Manager
determines that the approval has created and/or is creating a disturbance to the
community. The applicant agrees to immediately discontinue sales of alcoholic
beverages upon written notice to the applicant of such a determination, which can only
be made after a public hearing in front of the City Commission involving the applicant,
in which the Commission determines that the applicant has created and/or is creating
a disturbance to the community, and that the applicant's conditional use approval
should be terminated. Such public hearing shall not occur until after the following due
process is provided to the applicant: (i) the applicant receives written notice from the
City Manager that it has created and/or is creating a disturbance to the community; (ii)
the applicant is afforded the opportunity to review and discuss all of the complaints or
allegations that it has and/or is creating a disturbance to the community with the City
Manager; (iii) the applicant is afforded the opportunity to review all evidence or facts
used by the City Manager in making such allegations; and (iv) after providing the
applicant an opportunity to cure or prevent any alleged defects, violations, or
disturbances.
6. Any discontinuation of the sales of alcoholic beverages for a period of 180 consecutive
days shall constitute abandonment and shall rescind this approval.
7. Tastings are allowed by state law. The sale of alcoholic beverages for on-site
consumption is not allowed by this approval, and customers will not be permitted to
remove an individual glass of an alcoholic beverage or any open container from the
premises.
Section 2. The City Manager is authorized to issue permits in accordance with the
approvals and conditions herein provided and to indicate such approvals and conditions
upon the records of the City.
Section 3. 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.
Page 2 of 3
City of Aventura Resolution No. 2024-06
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Friedland, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 9th day of January, 2024.
` HOWARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 3 of 3
EXHIBIT "A"
Shopping Center Legal Description
PARCEL 1: (FEE)
Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153,
Page 56, of the Public Records of Miami-Dade County,Florida.
LESS AND EXCEPT:
Beginning at the S.E.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 Iine of State Road 852;(2)thence North 56 degrees 51 minutes 19
seconds West, along the previously described Iine, for 186.33 feet; (3) thence South 2 degrees 54 minutes
59 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 49 seconds East,departing the above named boundary Iine of said Tract
A for 198.25 feet; thence South 47 degrees, 08 minutes 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.
PARCEL 2: (LEASEHOLD)
Leasehold Estate as createdby that certain Business Lease Agreement dated March 1, 1995,by and between
Lefkel Realty, as Landlord, and C.D. Ventures Incorporation,as Tenant, as assigned and amended by the
Amendment to Business Lease Agreement dated February 15, 1997, as further assigned to in the
Assignment of Business Lease Agreement and Landlord's Consent to Assignment dated November 17,
1997, recorded in Official Record Book 17879, page 3589, as further assigned in the Assignment of
Business Lease Agreement and Landlord's Consent to Assignment recorded October 13, 2011 in Official
Record Book 27857, page 4814, as affected by the Fee Owner Recognitions and Non- Disturbance
Agreements recorded October 28, 2011 in Official Record Book 27877, pages 1643 and 1658, all of the
Public Records of Miami-Dade County,Florida,demising for a term of years the following described land:
Tract D of SOFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Bock 153, Page
56, of the Public Records of Miami-Dade County,Florida.
(00821209.12) A-2-1