HEX Final Decision 2013-02 HEX NO. 2013—02
HEARING EXAMINER DECISION
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
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 which are located in the Mercato
Mixed Use Planned Unit Development in Section 34, Township 48 South, Range 25 East,
Collier County, Florida.
DATE OF HEARING: November 14, 2013
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
5.05.01.A.6 of the Land Development Code has been met and the petition is approved.
ANALYSIS:
The applicant's representative stated at the meeting that the tentatively named "Gotham House"
will be called "Cabo". This establishment is within the Mercato Mixed-Use Planned Unit
Development. As a permitted use within the zoning district, this request is consistent with
previously approved similar businesses that also serve alcohol as listed in the staff report.
Because of the mixed use zoning of this development, there are residential units in close
proximity to the various commercial establishments. The applicant has supplied evidence
indicating that disclosure has been provided to purchasers of residential units within this
development concerning the commercial uses. That disclosure includes notice that commercial
activities will include uses emitting noise, odors, vibrations, and lights; and there will be
commercial tenants engaged in the food, beverage, and entertainment industry operating well
into the evening including after midnight. This disclosure appears in the recorded Declaration of
Covenants, the condominium documents and the purchase contracts.
DECISION:
The Hearing Examiner hereby approves a waiver pursuant to LDC Section 5.05.01.A.6. for an
establishment tentatively named Gotham House (Units 14120, 14130 and 14140) located in the
Mercato Mixed Use Planned Unit Development (MPUD) and approves the separation distance
from other establishments which will sell alcohol for on-site consumption and derive less than
fifty-one percent of their sales from food items as follows:
1 of 2
Blue Martini Unit 12105 43 feet
Burn "Cigar Bar" Unit 6160 29 feet
Silver Spot Cinema Unit 8205 270 feet
Wineloft Units 8145, 8150 426 feet
and as depicted on the Separation Exhibit attached hereto, as requested in Petition ABW-
PL20130001595 filed by R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, on behalf of
the Petitioner, SLR Naples Corp.
ATTACHMENTS: Separation Exhibit
LEGAL DESCRIPTION: Units 14120, 14130, and 14140, The Mercato MPUD, in
Section 34, Township 48 South, Range 25 East, Collier County, Florida.
The Mercato MPUD is described in Ordinance No. 2005 -58, as amended.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be fled within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
�i —cL4—t3
Date
13-CPS-01251\30
2 of 2
M k Strain, Hearing Examiner
Approved as to form and legality:
a,4 64 /�- 06
Heidi Ashton -Cicko
Managing Assistant Count Attorney
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On- premise Consumption
Separation Exhibit
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