HomeMy Public PortalAbout2007-40a Package Store at 180 Crandon Boulevard, Bay number 104RESOLUTION NO. 2007-40a
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
CONDITIONAL USE FOR A PACKAGE (LIQUOR) STORE
TO BE LOCATED AT 180 CRANDON BOULEVARD, BAY
NUMBER 104, KEY BISCAYNE, FLORIDA; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, The R3S2k3, LLC ("Applicant") has applied for conditional use approval to
establish a package (liquor) store to be located inside the premises at 180 Crandon Boulevard, Bay
Number 104 (the "Application"); and
WHEREAS, the Village Council has held the properly noticed public hearing required under
the Village of Key Biscayne, Florida, Zoning and Land Development Regulations; and
WHEREAS, the Village Council finds that the proposed use meets each of the applicable
review criteria in Section 30-72 of the Zoning and Land Development Regulations for approval of
the conditional use.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Approval of Conditional Use and Conditions. The Application for conditional
use approval as a package (liquor) store to be located inside the premises at 180 Crandon Boulevard,
Key Biscayne, Florida (the "Property") at Bay Number 104 is approved, subject to the following
conditions:
(a) The package (liquor) store shall be located solely and entirely within Bay Number
104;
(b) The rear of the Property from the west side of the perimeter wall to the sidewalk must
be landscaped in accordance with a landscape plan ("Landscape Plan") approved by
the Village of Key Biscayne Building, Planning and Zoning Department. A proposed
Landscape Plan must be submitted for approval no later than sixty (60) days from the
Effective Date of this Resolution. The Landscape Plan shall, at a minimum, provide
for the removal of rocks, dead plants, and replacement with plantings of varying
materials and heights ranging from three (3) to ten (10) feet in order to substantially
screen the rear of the shopping center from the adjacent residential neighborhood.
All landscaping must be completed by the Applicant no later than ninety (90) days
after the Landscape Plan is approved.
(c) The Applicant shall comply with all federal, state and local laws applicable to the
creation and operation of package (liquor) stores, including but not limited to Florida
Statutes Section 565.04 entitled "Package Store Restrictions" which provides as
follows:
Vendors licensed under s. 565.02(1) (Alshall not in said place of
business sell, offer, or expose for sale any merchandise other than
such beverages, and such places of business shall be devoted
exclusively to such sales; provided, however, that such vendors shall
be permitted to sell bitters, grenadine, nonalcoholic mixer -type
beverages (not to include fruit juices produced outside this state), fruit
juices produced in this state, home bar, and party supplies and
equipment (including but not limited to glassware and party -type
foods), miniatures of no alcoholic content, and tobacco products.
Such places of business shall have no openings permitting direct
access to any other building or room, except to a private office or
storage room of the place of business from which patrons are
excluded [Emphasis Added].
(d) This Resolution shall be recorded, prior to the issuance of a building permit, by the
applicant at its expense in the public records of Miami -Dade County. A copy of the
proof of recordation shall be submitted to the Building, Zoning and Planning
Department prior to the issuance of any building permits.
(e) This Resolution shall become null and void, with no further notice required by the Village,
unless the applicable development order has been issued within 12 months as provided in Village
Code Section 30-72.
Section 3. Implementation. The Building, Planning, and Zoning Directors are hereby
directed to make the necessary notations on the maps and records of the Village of Key Biscayne
Building, Zoning and Planning Department and to issue all permits in accordance with the conditions
of this Resolution. A copy of this Resolution shall be attached to the building permit application
documents.
Section 4. Effective Date. That this Resolution shall be effective immediately upon its
adoption.
PASSED AND ADOPTED this 8th day of August, 2007.
4e-‘#
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FOTM AND LEGAL SUFFICIENCY:
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