HEX Agenda 11/14/2013 COLLIER COUNTY
HEARING EXAMINER
HEARINGS
AGENDA
NOVEMBER 14, 2013
O L4 A-- ktCOrdS
AGENDA
THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT
9:00 AM ON NOVEMBER 14, 2013, IN CONFERENCE ROOM 610 AT THE
GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING
EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING
REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE
HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A
PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDNENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE
FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESETATION BY STAFF,
PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION
WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY
COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT
PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR
EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. APPROVAL OF PRIOR MEETING MINUTES—October 24, 2013
4. ADVERTISED PUBLIC HEARINGS
A. PETITION NO. ABW-PL20130001595: — SLR Naples Corp. requests a waiver pursuant to
Section 5.05.01.A.6. of the Land Development Code concerning an establishment named
Gotham House that sells alcohol for on-site consumption and derives less than fifty-one
percent of its sales from food items and has a minimum separation distance of less than 500
feet from other such establishments which are located in the Mercato Mixed Use Planned
Unit Development in Section 34, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
5. OTHER BUSINESS
6. ADJOURN
AGENDA ITEM 3-A
Co er County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: PLANNING AND ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING: NOVEMBER 14, 2013
SUBJECT: PETITION ABW-PL20130001595, MERCATO-GOTHAM HOUSE
APPLICANT/AGENT:
Mr. Stergios Tallides Mr. Bruce Anderson
SLR Naples Corp. Roetzel &Andress
10960 Harmony Park Drive 850 Park Shore Drive
Bonita Springs, FL 34135 Naples, FL 34103
OWNER:
Mercato LLP
2600 Golden Gate Parkway
Naples, FL 34105
REQUESTED ACTION:
The applicant requests that the Hearing Examiner consider a waiver pursuant to Section
5.05.01.A.6. of the Land Development Code concerning an establishment tentatively named
Gotham House that sells alcohol for on-site consumption and derives less than fifty-one percent
of its sales from food items and has a minimum separation distance of less than 500 feet from
other such establishments.
GEOGRAPHIC LOCATION:
The subject property is located in the Mercato Mixed-Use Planned Unit Development in Section
34, Township 48 South, Range 25 East, Collier County, Florida. (See Location Map on
following page.)
ABW-20130001595, Mercato—Gotham House
October 10, 2013
Page 1 of 5
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is requesting approval of a waiver for an establishment named Gotham House
(Units 14120, 14130 and 14140), located in the Mercato Mixed-Use Planned Unit Development.
Furthermore, the applicant is requesting approval of the separation distance from other
establishments which sell alcohol for on-site consumption and derive less than fifty-one percent
of their sales from food items as follows:
Blue Martini Unit 12105 43 feet
Burn"Cigar Bar" Unit 6160 29 feet
Silver Spot Unit 8205 426 feet
Wineloft Units 8145, 8150 426 feet
and as depicted on the Separation Exhibit. (See Attachment A: Separation Exhibit.)
CONSIDERATIONS:
The Gotham House is located in the Mercato MPUD, which is a mixed-use lifestyle environment
which blends retail, office and residential uses in a planned development. The Gotham House is
located in a building that does not contain any residential uses and restaurants are located to the
north, east south and west. The Gotham House is located approximately 150 feet from the
second story residential units across the street to the north.
Other businesses in the Mercato MPUD that have been previously granted Alcohol Beverage
Waivers include the Wine Loft, Cigar Bar, Blue Martini, Prime Bar and Silver Spot Theater. All
of the establishments including Gotham House are subject to the Collier County Noise
Ordinance.
The decision to waive all or part of the distance requirement shall be based upon the following
factor as established in Section 5.05.01.A.6. of the Collier County Land Development Code.
(Staff response is italicized):
FACTOR: The nature and type of natural or manmade boundary, structure, or other
feature lying between the proposed establishment and an existing school, child care center,
public library, church, public park, or public playground which is determined by the
SZA/Hearing Examiner to lessen the need for the total 500-foot distance requirement. Such
boundary, structure, or other feature may include, but is not limited to, lakes, marshes,
nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way.
This criterion is not applicable because there is no existing school, child care center, public
library, church,public park, or public playground within 500 feet of the new establishment.
ABW-20130001595, Mercato—Gotham House
October 10, 2013
Page 3 of 5
PREPARED BY:
A 4I(L1IJA .1 AA (0.
NANCY G IDL'S H, AICP, PRINCIPAL PLANNER DATE
PLANNIN G ND ZONING DEPARTMENT
REVIEWED BY:
/O _ ` -D V. BELLOWS, ZONING MANAGER DATE
PLANNING AND ZONING DEPARTMENT
'0 - ,'s- 1-7
MICHAEL BOSI, AICP, DIRECTOR DATE
PLANNING AND ZONING DEPARTMENT
APPROVED BY:
,✓ 'AV A I G DA, AD e °I ISTRATOR DATE
PLANNING •ND ZONING DEPARTMENT
ABW-20130001595, Mercato—Gotham House
October 10, 2013
Page 5 of 5
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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Attachment A
Gaffer ant
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358
WWW.COLLIERGOV.NET
PETITION FOR WAIVER FROM SEPARATION REQUIREMENTS
FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES
FOR ON-PREMISE CONSUMPTION
PROJECT NUMBER (PL)
PROJECT NAME For Staff Use
DATE PROCESSED
! APPLICANT/OWNER INFORMATION
PETITIONER: Stergios Tallides
FIRM: SLR Naples Corp.
-- ADDRESS: 10960 Harmony Park Drive City Bonita Springs State FL Zip 34135
PHONE # 646-957-5450 CELL # FAX #
E-MAIL ADDRESS: Stvtal3gmail.com
AGENT: R. 3ruce Anderson
ADDRESS: 850 Park Shore Drive City Naples State FL Zip 34103
PHONE # 239 649-6200 CELL # FAX # 239 261-3659
E-MAIL ADDRESS: bandersonaralawacom
Please be aware that Collier County has lobbyist regulations. Guide yourself accordingly
1 and ensure that you are in compliance with these regulations.
Co, _ _ftfer County
.000/ Nbing■-11100%......mmafte
COLLIER COUNTY GOVERNMENT 2500 NORTH iHORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 ...--.
PLANNING AND'REGULATION (239)252-2400 FAX (239)2524358
WVVW.COLLIERGOV.NET
1 LEGAL DESCRIPTION OF SUBJECT PROPERTY I
SITE ADDRESS 9108 Strada Places Naples FL 34108
SECTION/TOWNSHIP/RANGE: 34/48/25
CURRENT ZONING OF PROPERTY Mercato MPUD,
PROPERTY i.C4 00176760009
SUBDIVISION NAME: _
UNIT — BLOCK LOT
____.
METES & BOUNDS DESCRIPTION:
ADJACENT ZONING & LAND USE —.I
Zoning Land Use
__
Mixed Use Residential, Comemrcial, Golf '
N Pelican Marsh PUD/DRI Course
S CA, General Commercial Fifth Third Bank &Walgreens
E Pelican Marsh PUD/DRI
W C-4, General Commercial
Mixed Use Residential, C.f memrcial, Golf
Course
_ U.3. 41
WAIVER REQUEST DETAIL ' I
What is the extent of the waiver being requested (in linear feet) from the required 500-foot
separation between the subject property and the school, child care center, public library, church,
public park or playground? (NOTE: This distance is measured as the shortest distance between
the lot on which the existing establishment is located and the lot on which the alcoholic
beverages are to be sold, except that establishments located in shopping centers shall be
measured to the outer well of the establishment.)
Pleaseseler 12 attacheq Exhipit 1,,
Describe all proposed uses fcp,' khs subject site/structure Le., restaurant, nightclub, office,
storage, outdoor activities, etc. Provide total square footage of subject structure, and square
footage dedicated to each proposed use. indicate proposed hours of operation. Will there be
entertainment, i.e., band, D.J., video games, pool tables, etc.?
Please refer to "100 Exhibit t
County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRNE
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
WWW.COLLIERGOV.NET
Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals
determination, are based on the following criteria as provided by Collier County Land
Development Code Section 5.05.01.A.6. Please respond to the below listed criteria to the
extent you wish, attach additional pages if necessary.
1. The nature and type of natural or man-made boundary, structure or other feature lying
between the proposed establishment and an existing school, church, child care center,
public library, church, public park or playground which is determined by the Board of
Zoning Appeals to lessen the need for the total 500-foot distance requirement. Such
boundary, structure or other feature may include but not be limited to lakes, marshes,
non-developable wetlands, designated preserve areas, canals and major rights- of-way.
Rem 1. — Response see attached Exhibit "1".
2. The paths of vehicular and pedestrian traffic which could be taken.
Item 2. — Response see attached Exhibit "1".
3. The hours of operation and the noise and light which could potentially be generated from
the premises selling alcoholic beverages.
Rem 3. 7 Response see attached Exhibit "17.
4. Whether the primary use is the sale of alcoholic beverages (i.e., bar, nightclub, and
cocktail lounge); or, whether the sale will be accessory to the sale of food (Le.,
restaurant).
Item 4. 7 Response see attached Exhibit "1",
Cofer ' i: ct
COWER COUNTY GOVERNMENT 2800 NORTH;HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION t239)252-2400 FAX t239)252-6358
WWW.COLLTERGOV.NET
ALCOHOLIC WAIVER PETITION
(ABW) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDE, LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE. INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENT # OF NOT
COPIES SUBMITTED REQUIRED
Com'Ieted A• iication - Mit. II
Starve or bounda sketch, to scale 14 Ell}mot 11111111111011111
Reduced cosies of surve or bounda sketch, 8 W/W"X 11" 14 ME►4 MIIIIIIINIIIII
Electronic copy of all documents and plans 'I ►��
4 n_.
Copy of Addressing Checklist approved by the 1 ►:i r
Addressing Dept.
Owner/ agent Affidavits,}signed¬arized 1 _ __._._ i 1 -mss I
Fee: $1,000.00 Review Fee
$500.00 Estimated Legal Advertising Fee
Check shall be made payable to: Board of County Commissioners
0th r
tither
aY-s - 0
Applicant/Agent Signature Date
n
•I - C01414tY
COLLIER COUNTY GOVERNMENT2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
PLANNING AND REGULATION(239) 252-2400 FAX(239)252-5358
www.collieirgov.net
AFFIDAVIT
Well, Stergios Tallides, President. SLR Naples Corp. being first duly sworn, depose and
say that we/ I am/are the Lessee uvvi of the property at 9108 Strada Place, Naples, FL
described herein and which is the subject matter of the proposed hearing; that all the answers
to the questions in this application, including the disclosure of interest information, all sketches,
data, and other supplementary matter attached to and made a part of this application, are
honest and true to the best of our knowledge and belief. We/I understand that the information
requested on this application must be complete and accurate and that the content of this form,
whether computer generated or County printed shall not be altered. Public hearings will not
be advertised until this application is deemed complete, and all required information has been
submitted.
As Lessee We/I further authorize R. Bruce Anderson. Esa. of Roetzel &
Andress, L.P.A. to act as our/my representative in any matters regarding this Petition.
SLR Na y s, Cor
By:
Stergios Tallides, President
The foregoing instrument was acknowledged before me this 1(° day of July, 2013, by
Stergios Tallides, President of SLR Naples, Corp., who is personally known to me or has
produced A/r/g 4(1'
t'r7SC as identification. x'0 z U =78
State of New YOAK (Sig}nature of Notary Public—State of New )
County of C 'LJe€ pi S
�H(Print, Type, or Stamp Commissioned
Name of Notary Public)
SERETA T.?Am
Notary Public,State of New'Vom
No.01 TA61 72478
Qualified in Queens County
Commission Expires Aug. 13,20;S
7374837 1 128035.0001
Exhibit "1"
WAIVER REQUEST DETAILS:
The separation waiver is for the Gotham House (Unit #'s 14120, 14130 and
14140) a new alcoholic beverage establishment in the Mercato MPUD which will also
include food service. However, food service is not anticipated to constitute the majority
of the business activity and therefore an alcoholic beverage separation requirement
waiver is necessary because of the proximity to four other such establishments: "Blue
Martini", "Burn" (cigar bar), Wine Loft and Silverspot Cinema. The sketch attached as
Exhibit "A" depicts the locations and distances of the new establishment in relation to
the other four establishments. The aerial photo attached and labeled as Exhibit "B" also
shows the location of the four existing establishments and the Gotham House. The new
establishment is on the left. Burn is in the center and Blue Martini is on the right. The
Gotham House shares a common pedestrian courtyard walkway with Burn and the Blue
Martini. Reduced distance separation waivers are sought as follows:
Burn Cigar Bar Unit #6160 29 Feet
Blue Martini Unit 12105 43 feet
Silverspot Cinema Unit 8205 270 feet
Wine Loft Unit 8145, 8150 426 feet
The Mercato is an entertainment and shopping destination center unique within
Collier County. The PUD document for Mercato states:
The Mercato MPUD shall be developed as a mixed-use
community, which may feature a full array of commercial
uses, residential dwelling types, and recreational amenities.
The mixed-use component of the Mercato MPUD is intended
to permit a lifestyle center arranged in traditional main street
design. The development shall feature a wide mix of retail,
office, and restaurant uses oriented in a pedestrian friendly
manner. Wide walkways, unique architectural features, a
"town plaza", extensively landscaped streetscape, outdoor
dining areas and courtyards will be characteristics of the
Mercato MPUD.
Approval of the waiver is consistent with the intent of the Mercato MPUD, in that
the proximity of Gotham House to the two closest establishments is a result of the
common pedestrian courtyard walkway design element.
The total square footage of the new establishment is 6,288 SF, of which
approximately 4,400 SF will be used for the eating and drinking area. The remaining
approximately 1,888 SF will be occupied by the kitchen, restroom, mechanical/storage
space and a small office.
Live entertainment may occur on weekends and holidays and may include a DJ;
however, the remainder of the time will feature light background music generated from
an I-Pod or similar device. The projected hours of operation are Monday — Saturday
2:00 p.m. — 2:00 a.m. and on Sunday 12:00 p.m. — 12:00 a.m.
Criteria Response:
1. The nature and type of natural or man-made boundary, structure or other feature
lying between the proposed establishment and an existing school, church, child
care center, public library, church, public park or playground which is determined
by the Board of Zoning Appeals to lessen the need for the total 500-foot distance
requirement. Such boundary, structure or other feature may include but not be
limited to lakes, marshes, non-developable wetlands, designated preserve areas,
canals and major rights-of way.
2
This criteria is not applicable because there is no school, church, child
care center, public library, or public park or playground within 500 feet of ^
the new establishment.
2. The path of vehicular and pedestrian traffic which could be taken.
A vehicular traffic path and a sidewalk abut the west side of the building
where the new establishment will be located and the pedestrian courtyard
walkway abuts the east side, as depicted on the attached sketch labeled
Exhibit "C".
3. The hours of operation and the noise and light which could potentially be
generated from the premises selling alcoholic beverages.
Live entertainment may occur on weekends and holidays and may include
a DJ; however, the remainder of the time will feature light background
music generated from an I-Pod or similar device. The projected hours of
operation are Monday — Saturday 2:00 p.m. — 2:00 a.m. and on Sunday
12:00 p.m. — 12:00 a.m.
4. Whether the primary use is the sale of alcoholic beverages (i.e., bar, nightclub,
and cocktail lounge); or, whether the sale will be accessory to the sale of food
(i.e., restaurant).
The sale of food will be accessory to the sale of alcoholic beverages which ^
is the primary use.
7396455_2 128035.0001
3
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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Data: 7/8/2013 T11B4: 1:57 'Pr1 To: 2 535724 P-4D a OjGa Fax Pale:
Iftr County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLOP a ,
PLANNING AND REGULATION R39)232-2.•' FAX (239)2323724
WWW.COLLI Apo'
A 0:RESSI 4e E
Please complete the following and fax to the Operations Department at 235-252-5724 or submit In person to the
Addressing Department at the above address. Form must be ginned by Addreasina.oec onriel ongr_to Pre-
application meetinoa,plead auowr 3 Jaya or processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval t7y the Addressing
Department
PETITION TYPE(Indicate type below, complete a separate Addressing Checklist Far each Petition type)
❑ t3L(Blasting Permit) ❑ SDP Site Development Plan)
❑ BD(Boat Dock Extension) 0 SDPA(SDP Amendment)
❑ CarnivaVCircus Permit D SDPI(Inauttitantial Change to SDP)
❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan)
O EXP(Excavation Permit) 0 SIP!(Insubstantial Change to SIP)
p FP(Final Plat ❑ SNR(Street Name Change)
❑ LLA(Lot Line Adjustment) [❑ SNC(Street Name Change—Unpiatted)
[] RHO(Project Name Change) [l TDR(Transfer-of Development Right)
® PPL(Plarrs&Plat Review) ❑ VA(Variance)
❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit)
❑ PUD Rezone VRSFP(Vegetation Removal$Site Fill Penn )
❑
RZ(Standard Rezone) OTHER WOM,er3w-acil.IancAwwrrcgre+nraounsa.ansrnrioatwha'
LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached)
See Attached.
FOLIO(Property IL!)NUMBER(e)of above(attach to, or associate with,legal description if more than one)
00175760000
STREET ADDRESS or ADDRESSES(as applicable, if already assigned)
9108 Strada Place, Naples FL 34108 , e !' L L _ O
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
Of-way
a SURVEY(copy -needed only for unplatted properties)
PROPOSED PROJECT NAME(if applicable)
PROPOSED STREET NAMES(if applicable)
SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only)
SOP or AR or P1
SQPP -7007-Ak. -- 12_52'g
Lwt6, 7/6/3613 T1mcpI 4:47 PM To fop 2535734 x&A Nap1ea Fax Page,
Co 7- Coutnt ►
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2490 FA.X (239)252-5724
WWWC0kLIERGOV.NFT
Project or development nerves proposed tor, or already appearing in,condominium documents rrf application;
Indicate whether proposed or existing)
Please-Check One. ® Checklist is t4 be Faxed back 0 Personally Picked Up
APPLICANT NAME: R. Bruce Andderson, Esq.
PHONE 239 649-2708 FA, 239 261-3659
Signature on Addressing Checklist does not constitute Project and/or Street Name approval
and is subject to further review by the Operations Department
FOR STAFF USE ONLY
FLN Number(Primary) O2 f7 7fo t_�r l 1
Folio Number
relic Number
Folio Number
9 /3
Approved by: rA Data: /P_
Opdated 9y: y _ r
Dale:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEVV FORM SUBMiT`TDD