99-002 RESOLUTION NO. 99-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING SPECIAL
EXCEPTION APPROVAL TO SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE AND SERVICE OF
BEER AND WINE TO WHOLE FOODS MARKET GROUP,
INC. LOCATED AT 21105 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Whole Foods Market Group, Inc., through Application
No. 01-SE-99, has requested Special Exception approval to spacing and distance
requirements to permit the sale and service of wine and beer within 1,500 feet of
another place of business having an established alcoholic beverage use and within
2,500 feet of religious facilities and schools, for that certain business located at 21105
Biscayne Boulevard in Aventura, Florida; 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 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:
Resolution No. 99-02
Page 2
Section 1. Application No. 01-SE-99 for Special Exception approval to spacing
and distance requirements to permit the sale and service of wine and beer within 1,500
feet of another place of business having an established alcoholic beverage use and
within 2,500 feet of religious facilities and schools on property legally described as:
Tracts A through F, Aventura Commons as recorded in Plat Book 151
Page 58 of the Public Records of Dade County, Florida
a.k.a.
Whole Foods Market
21105 Biscayne Boulevard
is hereby granted subject to the following conditions:
1. This approval is granted exclusively to the applicant.
2. The service of wine and beer 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. The public hearing shall
be set if the Director of the Department finds probable cause to believe that a
disturbance has been created, based upon complaints received or the Director's
observation.
3. The applicant shall comply with the hours of operation allowed to establishments for
package sales only; which is between the hours of 8:00 a.m. and 10:00 p.m.
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.
Resolution No. 99-02
Page 3
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Berger, who moved its
adoption. The motion was seconded by Commissioner Perlow, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin absent
Commissioner Ken Cohen yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Harry Holzberg no
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 2nd day °f Febru~~~
Arthur I Sr~yderYMayor
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this .'~ day otT~ ~tp~,
1999.
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CITY CLERK