2003-008RESOLUTION NO. 2003-08
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
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; FOR PROPERTY LOCATED AT 20417
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Jeff Mell for Sy Chadroff on behalf of Winn Dixie
Stores Inc., through Application No. 02-CU-03 is requesting conditional use approval to
permit a liquor package store 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 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 in the B2 zoning district is hereby granted exclusively to the
Applicant, subject to the conditions set out in this Resolution, on property legally
described as Parts of Tracts A, B and C of the Plat of "The Promenade Shops" as
recorded in Plat Book 133, Page 39, of the Public Records of Miami-Dade County,
more particularly described in Exhibit "A" to this resolution and known as municipal
address 20417 Biscayne Boulevard.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to Winn-Dixie Stores Inc.
Resolution No. 2003-08
Page 2
2. Building permits for this use shall be obtained 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 establish the use at the same or later time the grocery store use
is established. This conditional use approval shall terminate in the event the grocery
store use is terminated.
4. The applicant shall obtain a liquor license for package sales only with no
consumption on premises permitted.
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.
6. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3(a) and (e) of the City Code; which is between
the hours of 8:00 a.m. and 10:00 p.m., excepting that on Christmas Eve and New
Year's Eve, hours may be extended to 12:00 midnight.
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. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Holzberg, who moved its
adoption. The motion was seconded by Commissioner Rogers-Libert and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
no
yes
yes
yes
Resolution No. 2003- o8
Page 3
PASSED AND ADOPTED this 4th day of February, 2003.
ATTE.~Q~ _
TE~S~,,M. S~t ~C~~~
APPROVED~ TO LEGAL SUFFICIENCY:
CITY ATTORNEY ~~~
This Re/~/~t'lon was file l'~t ~ffice of the City Clerk this 5th
,~t~.F"CREY I~. PERLOW~-MAYOR
day of February, 2003
Tram "A", "B", am/"C" ofi]~ Pla/o£"T~rR. PROMENADESI~OPS ", as ~ ~ ~latB~k 133,
111 ~ ~ ~ ~t C~: ~9~5139 ~ 01, ~d