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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: is j