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Resolution No. 2024-07 Conditional Use Approval for Coffee Shop with Drive-Through at 20401 Biscayne Boulevard (Starbucks) - January 9, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)P OF THE CITY CODE TO PERMIT THE ESTABLISHMENT OF A COFFEE SHOP WITH A DRIVE- THROUGH IN THE PROPOSED STARBUCKS TO BE LOCATED AT 20401 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 20401 Biscayne Boulevard ("Property"), legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Starbucks Coffee Company, through Application No. CUP2312- 0004 ("Application"), is requesting conditional use approval pursuant to Section 31- 144(c)(2)p of the City Code to permit the establishment of a coffee shop with a drive- through in the upcoming Starbucks to be located at 20401 Biscayne Boulevard; and WHEREAS, following proper notice, the City Commission 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 approval pursuant to Section 31- 144(c)(2)p of the Code to permit the establishment of a coffee shop with a drive-through in the upcoming Starbucks to be located at 20401 Biscayne Boulevard, the Property legally described in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following conditions: 1 . Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department and approved under ASPA application No. SP2312-0002. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. City of Aventura Resolution No. 2024-07 Section 2. 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 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. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Stern, who moved its adoption. The motion was seconded by Commissioner Joel, 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. Page 2 of 3 City of Aventura Resolution No. 2024-07 -={ H WARD S. WEINBERG, ES MAYOR e � ATTEST: ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ', .. 1 .� ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION: The Promenade Shops Plat Book 133-39 Tracts A B& C less portion lying in SR5 & Lot 28 Block 6 Plat Book 20-49