2011-0421 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting April 21, 2011 City of Sunny Isles Beach, Florida 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Navarro Discount Pharmacies, LLC, Owner of the Property Located at 18500 Collins Avenue, for the Following: (Hearing #Z2011-01) 1. The Applicant is requesting a Conditional Use of spacing requirements as per Section 98- 4 of the City Code to permit the sales of alcohol, beer, and wine for off-premise consumption under the Conditional Use approval requirement of ~98-8 of the City Code. 2. Pursuant to Section 265-63.1 of the City Code, the Applicant is requesting a Variance of Section 265-56(B)(2)(b) of the City Code Sign Regulations to permit a third wall sign where only two wall signs are permitted. Protests 0 Waivers 0 Ex Parte 0 Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. Acting City Manager Vera reported noting that the purpose of this public hearing is to request Conditional Use of spacing requirements (Publix) to permit the sale of alcohol, beer, and wine for off-premise consumption, and a Variance to permit a wall sign. Public Speakers: George E. Peon, Architect; Barbara Aleman; Jose Teurbe- Tolon; Richard Steinig; Jaclyn Matitydru George E. Peon, Architect, representing Navarro Discount Pharmacies, LLC, reported and presented renderings of the project. He noted that Navarro has been in the City for many years and have 28 stores State-wide, and are expanding, improving, and upgrading their facilities. This liquor store will be completely independent from the store, it will be attached to it without having to build any square footage because they are relocating existing space. They are proposing a separate entrance, with hours of operation similar to the store. They also want to do a separate sign to describe what the store is. As part of their package they will do landscaping improvements, and upgrade to the new City standards. Barbara Aleman of Navarro said she is overseeing their stores and that they will be expanding 22 stores in the next three years, and have been in business for 50 years. Mr. Peon said as part of their proposal they are offering a mitigation contribution of$25,000.00 to the City. Mayor Edelcup opened the hearing for public speakers. After public comment, Mr. Peon said that they do not feel that this addition will impact traffic or use of the building, and it will help the community. Vice Mayor Thaler said that he would like them to look at additional parking. There is a parking lot behind the store, and whether you rent space or use space it is important to clean up that parking area. Commissioner Scholl said small businesses are the fabric of the community, and this is sending a terrible message to small business owners, as we have a Code and it should be followed. Commissioner Aelion said the intent of the Code was to establish a limit of sales of alcoholic beverages, by adding another liquor license it would be imposing an addition to the guidelines established by the Florida Statutes. Mayor Edelcup said that Navarro's is 750 feet away from schools and parks, however, Publix is less than 750 feet away and sells liquor, and because of that, we are here tonight. If it wasn't for that specific measurement, everything would be granted. He noted the comments that we are pitting small businesses against large businesses, the last time he checked, Navarro was a small business. It has been very successful and has grown throughout the State of 3