HEX Backup Documents 11/14/2013 COLLIER COUNTY
HEARING EXAMINER
HEARINGS
BACKUP
DOCUMENTS
NOVEMBER 14, 2013
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
Ann P. Jennejohn ABW- PL20131595 - Gotham House
_
From: Rodriguez, Wanda
Sent: Thursday, October 10, 2013 3:53 PM
To: Gundlach, Nancy; Minutes and Records
Cc: Ann P. Jennejohn; Ashton, Heidi
Subject: RE: Request for HEX Advertising of Mercato- Gotham House ABW
The title language is the same as that most recently approved by this office, and the requested run
date is appropriate. I would note that the document tracking number at the bottom of the page
(CP \08 -COA- 00115 \129) should NOT be included in the ad. Otherwise the ad looks good.
'bvandd Rocf-riquez, _A( -'P
-advanced Certified- Para.Cegal
Office oft{ the County Attorney
(23c)) 252 -8400
From: GundlachNancy
Sent: Thursday, October 10, 2013 3:38 PM
To: Minutes and Records
Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; NeetVirginia; Patricia Morgan; RodriguezWanda;
WellsLaura
Subject: Request for HEX Advertising of Mercato- Gotham House ABW
Good afternoon,
Please advertise the ABW petition attachments for the November 14, 2013 BCC hearing.
Sincerely,
Nancy
Nancy Gundlach, AICP, PLA # 1244
Principal Planner, Planning & Zoning Department
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
(239)252 -2484
nancysundlach@colliergov.net
Under Florida Law, e rnai' addresses are pubic records. If you do not want your e mail address released In response to a public records request do not sense
electronic mail to this entity, Instead, contact this office by telephone or in writing.
October 10, 2013
Collier County Hearing Examiner Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on October 25, 2013, and furnish proof of
publication to the attention of Nancy Gundlach, Principal Planner, Zoning Services in the Land
Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples,
Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the
advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131 - 138326- 649100 -00000
PURCHASE ORDER NUMBER: 4500140024
Account Number: 068779
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)
at 9:00 A.M. on Thursday, October 24, 2013 in the Hearing Examiner's meeting room at 2800 North
Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider:
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.
(insert map)
All interested parties are invited to appear and be heard. All materials used in presentation before the
Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier
County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any
decision made by the Collier County Hearing Examiner with respect to any matter considered at such
meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting.
Mark Strain
Hearing Examiner
Collier County, Florida
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Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, October 11, 2013 11:13 AM
To: Rodriguez, Wanda
Subject: RE: Request for HEX Advertising of Mercato- Gotham House ABW
Thank you for confirming
From: Rodriguez, Wanda
Sent: Friday, October 11, 2013 11:00 AM
To: Ann P. Jennejohn; Gundlach, Nancy
Cc: Minutes and Records
Subject: RE: Request for HEX Advertising of Mercato- Gotham House ABW
Wow, sorry, I totally missed that the hearing date in the ad is wrong O This item is scheduled for the
Hearing Examiner hearing on November 14, 2013. Thanks for the catch, Ann!
Wanda Rodriguez, ,MCP
', cli,cdl2ced(.'erti f fed FarateFfaC
office of the County - Attorney
(23�)) 252 -8400
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Friday, October 11, 2013 10:57 AM
To: GundlachNancy; RodriguezWanda
Cc: Minutes and Records
Subject: Request for HEX Advertising of Mercato- Gotham House ABW
Could one of you possibly clarify the dates (see attached) for me?
Is this for a HEX hearing in November? If it's advertised next Friday, the 25th
a 20 -day ad would meet requirements for a November 14th hearing ..... if you would
please clarify the info and let me know if the hearing date in the notice should be
November 14th, I'll make that small change and send it over to NON.
Thank you!
Ann
From: Gundlach, Nancy
Sent: Thursday, October 10, 2013 3:38 PM
To: Minutes and Records
Cc: Ann P. Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda;
Wells, Laura
Subject: Request for HEX Advertising of Mercato- Gotham House ABW
Good afternoon,
Please advertise the ABW petition attachments for the November 14, 2013 BCC hearing.
Acct #068779
October 11, 2013
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: ABW- PL20130001595 (Display Ad w/Map)
Dear Legals:
Please advertise the above referenced notice (w/Map) Friday, October 25, 2013
and send the Affidavit of Publication, in Triplicate, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500140024
October 11, 2013
Collier County Hearing Examiner Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map Friday, October 25, 2013,
and send the proofs of publication to the Minutes & Records Department, 3299
Tamiami Trail East Suite #401, Naples, Florida, 34112. The advertisement must
be a 1/4 pate advertisement, and the headline in the advertisement must be in
a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
PURCHASE ORDER NUMBER: #4500140024
Account Number: 068779
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing
Examiner (HEX) at 9:00 A.M. on Thursday, November 14, 2013 in the Hearing Examiner's
Meeting Room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider:
PETITION NO. ABW- PL20130001595 — SLR Naples Corp requests a waiver pursuant to
Section 5.05.0l.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.
(insert map)
All interested parties are invited to appear and be heard. All materials used in presentation
before the Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be reviewed at the
Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person decides to
appeal any decision made by the Collier County Hearing Examiner with respect to any matter
considered at such meeting or hearing, he will need a record of that proceeding, and for such
purpose he may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department located at 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting.
Mark Strain
Hearing Examiner
Collier County, Florida
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Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, October 11, 2013 3:35 PM
To: Naples Daily News Legals
Subject: ABW- PL20130001595 (w /Map)
Attachments: ABW- PL20130001595.doc; ABW- PL20130001595 Gotham House.doc; ABW -
PL20130001595.pdf
Hi again,
Please advertise the attached notice (w /Map) on
Friday, October 25, 2013.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Ann P. Jennejohn
From: Polidora, Carol < cpolidora @naplesnews.com>
Sent: Wednesday, October 16, 2013 10:01 AM
To: Ann P. Jennejohn
Subject: #231228591.13CC Zoning Dept Proof.102513
Attachments: NDN231228591.BCC.Zoning Dept Proof.102513.pdf
Importance: High
Hi Ann!
Please provide approval ASAP for publication on 10.25.13.
THANKS!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 ( Fax: (239) 325 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213 -6000
1
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing
Examiner (HEX) at 9:00 A.M. on Thursday, November 14, 2013 in the Hearing
Examiner's Meeting Room at 2800 North Horseshoe Drive, Room 609/610, Naples,
FL 34104 to consider:
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.
All interested parties are invited to appear and be heard. All materials used in
presentation before the Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be
reviewed at the Collier County Growth Management Division, 2800 North Horseshoe
Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person
decides to appeal any decision made by the Collier County Hearing Examiner with
respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-
5356, (239) 252 -8380, at least two days prior to the meeting.
Mark Strain
Hearing Examiner
Collier County, Florida
No. 231228543 September 13. 2013
Ann P. Jennejohn
From: Gundlach, Nancy
Sent: Wednesday, October 16, 2013 10:27 AM
To: Ann P. Jennejohn
Subject: RE: ABW- PL20130001595 Proof
Hi Ann,
The ad looks good.
Sincerely,
Nancy
Nancy Gundlach, AICP, PLA # 1244
Principal Planner, Planning & Zoning Department
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
(239)252 -2484
nancygundlach @colliergov.net
From: Ann P. Jennejohn [mailto: Ann .Jennejohn(aacollierclerk.com]
Sent: Wednesday, October 16, 2013 10:16 AM
To: GundlachNancy; RodriguezWanda
Subject: ABW- PL20130001595 Proof
Importance: High
Good Morning @
Please look over the attached proof for Petition ABW- PL20130001595
that will be advertised Friday, October 25th for the November 14th Hearing Examiner's meeting.
and get back to me a.s.a.p. with an approval (or a disapproval)
Thank you!
Ann
From: Polidora, Carol [ mai Ito: cpolidora(abnaolesnews.com]
Sent: Wednesday, October 16, 2013 10:01 AM
To: Ann P. Jennejohn
Subject: #231228591.BCC Zoning Dept Proof.102513
Importance: High
Hi Ann!
Please provide approval ASAP for publication on 10.25.13.
1
Ann P. Jennejohn
From: Rodriguez, Wanda
Sent: Wednesday, October 16, 2013 10:34 AM
To: Ann P. Jennejohn; Gundlach, Nancy
Subject: RE: ABW- PL20130001595 Proof
Looks good, OK to proceed.
IVanda I:odriiguez, ACP
.itdvai iced Certified Para(eTaC
Office of the Couatty _;attorney
(239) 252 -8400
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Wednesday, October 16, 2013 10:16 AM
To: GundlachNancy; RodriguezWanda
Subject: ABW- PL20130001595 Proof
Importance: High
Good Morning O
Please look over the attached proof for Petition ABW- PL20130001595
that will be advertised Friday, October 25th for the November 14th Hearing Examiner's meeting.
and get back to me a.s.a.p. with an approval (or a disapproval)
Thank you!
Ann
From: Polidora, Carol [ mailto :cl2olidora @naplesnews.com]
Sent: Wednesday, October 16, 2013 10:01 AM
To: Ann P. Jennejohn
Subject: #231228591.13CC Zoning Dept Proof.102513
Importance: High
Hi Ann!
Please provide approval ASAP for publication on 10.25.13.
THANKS!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
1
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publicat
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as
appeared Robin Calabrese, who on o
Advertising Director of the Naples D,
newspaper published at Naples, in (
distributed in Collier and Lee countif
attached copy of the advertising, beit
PUBLIC NOTIC
in the matter of PUBLIC NOTICE
was published in said newspaper 1 tim
on October 25, 2013.
Affiant further says that the said Na
published at Naples, in said Collier C
newspaper has heretofore been contin
County, Florida; distributed in Collier
each day and has been entered as seco
office in Naples, in said Collier Count
year next preceding the first publicati
advertisement; and affiant further says
promised any person, firm or corporat
commission or refund for the purpose
publication in the s i ewspaper.
(Signature o afflant) r,\
SW 9m to and
T�h� 30th day
(Signature of notary public)
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing
Examiner (HEX) at 9:00 A.M. on Thursday, November 14, 2013 in the Hearing
Examiner's Meeting Room at 2800 North Horseshoe Drive, Room 609/610, Naples,
FL 34104 to consider:
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.
All interested parties are invited to appear and be heard. All materials used in
presentation before the Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be
reviewed at the Collier County Growth Management Division, 2800 North Horseshoe
Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person
decides to appeal any decision made by the Collier County Hearing Examiner with
respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-
5356, (239) 252 -8380, at least two days prior to the meeting.
Mark Strain
Hearing Examiner
Collier County, Florida
No. 231228543 _ _ September 13. 2013
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PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTIC
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing
Examiner (HEX) at 9:00 A.M. on Thursday, November 14, 2013 in the Hearing
Examiner's Meeting Room at 2800 North Horseshoe Drive, Room 609/610, Naples,
FL 34104 to consider:
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.
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All interested parties are invited to appear and be heard. All materials used in
presentation before the Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be
reviewed at the Collier County Growth Management Division, 2800 North Horseshoe
Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person
decides to appeal any decision made by the Collier County Hearing Examiner with
respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accommodation in orcer to
participate in this proceeding, you are entitled, at no cost to you, to the provsion
of certain assistance. Please contact the Collier County Facilities Manager-rent
Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 341,2-
5356, (239) 252 -8380, at least two days prior to the meeting.
Mark Strain
Hearing Examiner
Collier County, Florida
No. 231228543
September 13, 2013
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AGENDA ITEM =
Co e-r 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
SLR Naples Corp.
10960 Harmony Park Drive
Bonita Springs, FL 34135
TT el 01
Mercato LLP
2600 Golden Gate Parkway
Naples, FL 34105
REQUESTED ACTION:
Mr. Bruce Anderson
Roetzel & Andress
850 Park Shore Drive
Naples, FL 34103
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
EXHIBIT
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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
Burn "Cigar Bar"
Silver Spot
Wineloft
Unit 12105
Unit 6160
Unit 8205
Units 8145, 8150
43 feet
29 feet
cat 74Q 425 feet
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 5.05.0l.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
BZA/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
FACTOR: The paths of vehicular and pedestrian traffic which could be taken between the n
alcoholic beverage establishment and the school, child care center, public library, church,
public park, or public playground.
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.
FACTOR: The hours of operation and the noise and light which could potentially be
generated from the premises selling alcoholic beverages.
As stated in the application, the hours of operation are Monday through Saturday from 2 p.m. to
2 a.m., and on Sunday from 12 p. m. to 12 a.m. Live entertainment which may include a DJ may
occur on weekends and holidays, the remainder of the time the background music will be
generated from an I -Pod or similar device.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for Petition ABW- PL20130001595,
revised on October 10, 2013.
RECOMMENDATION:
Staff recommends that the Hearing Examiner approve Petition ABW- PL20130001595, for a
waiver of the 500 -foot separation requirement between two establishments selling alcoholic
beverages for on- premise consumption in accordance with the Separation Exhibit.
Attachment:
Attachment A: Separation Exhibit
n
ABW- 20130001595, Mercato — Gotham House
October 10, 2013
Page 4 of 5
PREPARED BY:
&M&M 41M)AW"
NANCY GtNDLVH, AICP, PRINCIPAL PLANNER
PLANNIN ND ZONING DEPARTMENT
REVIEWED BY:
RAYM D V. BELLOWS, ZONING MANAGER
PLANNING AND ZONING DEPARTMENT
MICHAEL BOSI, AICP, DIRECTOR
PLANNING AND ZONING DEPARTMENT
APPROVED BY:
K A G DA, AD ISTRATOR
PLANNING kND ZONING DEPARTMENT
ABW- 20130001595, Mercato — Gotham House
October 10, 2013
Page 5 of 5
10. ID. 1-1
DATE
DATE
1J - IS-- I-?
DATE
10'tiD —oy
DATE
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
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Co en County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 282 -6358
WWW.COLL.IERGOV.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
APPLICANTIOWNER 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:.Stvtal3@gmail.com
AGENT: R. Bruce Anderson
ADDRESS: 850 Park Shore Drive City Naples State FL Zip 34103
PHONE # 239 649 -6200 CELL # FAX # 239 261 -3659
E -MAIL ADDRESS: banderson@ralaw.com
a
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Please be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations. j
Goter County
COLLIER COUNTY GOVERNMENT 28010 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DWISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252-2400 FAX (239) 2524368
WWWCOLLIERGOVAET
LEGAL DESCRIPTION OF SUBJECT PROPERTY
SITE ADDRESS 9108 Strada Place, Naples FL 34108
SECTIONJTOWNSHIP/RANGE-. 34/48/25
CURRENT ZONING OF PROPERTY Mercato SPUD
PROPERTY I.D. 00176760009
SUBDIVISION NAME:
UNIT BLOCK LOT
METES & BOUNDS DESCRIPTION:
ADJACENT ZONING & LAND USE
LLL— WAIVER REQUEST DETAIL I
Please refs, to attached EAritil —1.
Describe all proposed uses for the subject ,t)-ite/structurs i.e., restaurant, nightclub, office,
storage, outdoor activities, etc. Provide total M-uare footage of subject structure, and square
footage dot fica-lW11 to each proposed use, lndicsite proposed hours of operation. Will there be
entstlair,men-1, i.e., band, D.J., video games, Pool W169, etc.?
A
7. 4--m- Ra I ZT-
Zoning
Land Use
N
Pelican Marsh PUD/DRI
Mixed Uze Residential, Comernrcial, Golf
Course
C-4, General Commercial
-s
Fifth Third Sank & Waigremri
E
Pelican Marsh PUD/DR1
Mixed 039 Residential, Comernrcial, Golf
Course
W
C-4, General Commercial
U.S. 41
LLL— WAIVER REQUEST DETAIL I
Please refs, to attached EAritil —1.
Describe all proposed uses for the subject ,t)-ite/structurs i.e., restaurant, nightclub, office,
storage, outdoor activities, etc. Provide total M-uare footage of subject structure, and square
footage dot fica-lW11 to each proposed use, lndicsite proposed hours of operation. Will there be
entstlair,men-1, i.e., band, D.J., video games, Pool W169, etc.?
A
7. 4--m- Ra I ZT-
COLLIER COUNTY GOVERNMENT 2,800 NORTH 44ORSESHOE DRIVE
GROWTH MANAGEMENT DIVISIONI NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252-2400 FAX (239) 25246358
WWW.COLLIJERGOV.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.
Item 1. — Response see attached Exhibit "1 77
.
2. The paths of vehicular and pedestrian turalf-Fic Could b-a taken.
Item 2. — ResRonse see attached Exhibit "l ".
3. The hours of operation and the noise and light which could potentially be generated from
the promises selling alcoholic beverages.
ReEn 3.. — Response see attached Exhibit, "i up.
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).
jteM 4, — Resoonse see attached Exhibit 60 0a
COLLIER ;COUNTY GOVERNMENT' 2800 NORTH 14ORMHOEURNE
GROWTH MANAGEMENT DfVtVOiN] NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 2524400 FAX (239) 252-6358
WWWCOLUERGOV.SET
ALCOHOLIC WAIVER PETITION
(ABW) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION.
REQUIREMENTS -*OF NOT
I COPIES I SUBMITTED REQUIRED1
,_Cornpleted Application
Survey or b6666—ry i—ke–k-h-, to scale
N!"MTIMIM, - M-9 MIMM 11TORNINPIPM
11 4MME011114 Vwl,
opy of Addressing Checklist approved by the
Addressina Dept.
Fee: $1,000.00 Review Fee
$500.00 Estimated Legal Advertising Fee
Cherjl� shall be made payable to: Board of County Commismioners
Other
ApplicentlAgrvrit Signature Date
i
COLLIER COUNTY GOVERNMENT2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
PLANNING AND REGULATION(239) 252 -2400 FAX (238) 252 -5358
www.collieE-ciov.net
AFFIDAVIT
We& Stergios Tallides, President SLR Naples Corp being first duly sworn, depose and
say that we/ I am /are the Lessee owners 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/[ 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 papenty owner We /I further authorize R. Bruce Anderson. Esq. of Roetzel &
Andress. L.P.A. to act as our /My representative in any matters regarding this Petition.
SLR Na s, C����',._.�..�-
By:
Stergios Tallides, President
The foregoing instrument was acknowledged before me this 1(0— day of July, 2013, by
Stergios Tallides, President of SLR Naples, Corp., who is personally known to me or has
produced Zt ea. C as identification.
State of New Y04k.
County of Qu eev,,5
7374837 1 128035.0001
(Signature of Notary Public - State of New '`peek")
(Print, Type, or Stamp Commissioned
Name of Notary Public)
8ERETA T. TArr
1%tery Public, State of New Yo*
Me Mai ed in Queens Count
Contrnission Expires Aug. 13, 20 rs
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
r� 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 libra ry, 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/$/2013 TimQ: 4:47 'PM To: C. 2535724
f t �
COLLIER COUNITY GOVERNMENT
GROWTH MANAGEMENT DIVISIOF41
PLANNING AND REGULATION
RLn N".Pl i3 Fos Pale
28001 NORTH HORSESHOE DRIVE
NAPLES, FLO-R
(Z39j 252 -2�0 F.AX (239) 252-5724
�ftliy�Itt.COLLr 980
Please complete the follovaing and fax to the Operations Department @t 239- 252 -5724 or submr In person to the
Addressing Department at the above address. Form must be aj ned by Aderessina i§rsonnel ob% t4 Ore -
atstSli�atl ®n niebtlRQ le= allow 3 days for Drowsing.
Not all items writ) apply to eVer/ project, items in mid typ° are required. FOLIO NUMBERS ML15T UE
PROVIDED. Frans older than b months will require additional review and approval by tree Addressing
Department
FETITION TYPE (Indicate type be101, compieta a separate Addressog Checklist ttr each PeNtion type)
❑ 8L (Slastingj Permit)
® 8D Most Dock Extension)
❑ CarnivaVGireus Permit
® CU (Conditional Ilse)
❑ EXP (Excavalion Permit)
FP (Final Plat
LLA (Lot Line AdjW Ment)
❑ PNC (P *pjec4 tome Change)
® PPL (Plana & Plat Review)
❑ PSP (Preliminary SubdIvIsion Plat)
❑ PUD Rezone
® RZ (Standard Rezone)
❑ SDP (Site Development Plan)
SGPA (SDP Amendment)
SDPI (IrtouNtantial Change to SDP)
® SIP (site Improvemem Plan)
❑ SIPI {l%utstantiai Change to SIP)
❑ SNR (Street Name Change)
® SFAC (Street Name Change -- Unplatted )
❑ TDP (Transfer of Development Rights)
❑ VA (Variance)
❑ VRP (Vegetation Removal Permit)
VRSFP (Vte Matbn Removal & Sits Fill Pennk)
OTHER ta,r eP �w` k3nce seraron� re�ure » u ousmass sbrnn0 ?wn
LEGAL DE`;i MIPTION of subject property or properties (espy of iangMy description may be attached)
See Attached. -
FOLIO (Property Iii) NUMBER(s) of above (efach to, orgssoco(e with, iagai description it more than one)
00176760009
STR E f ADORES$ Cr ADDRES SES (as ap lica�b�tta. ;' atral9dy assigned)
9108 2rada Place, Naples Fl. 341 18 �!� 1'5 I�q1 �0t I
# LOCATION MAP must be attached showing vact location of projeoUaite in relation to neatest pub;lc road right-
cf -way
e SURVEY (corny - needed only for unpl:atted propefties)
PROPOSED PROJECT NAME (ii apsiigahle)
PROPOSED STREET iV.AMrS- (it appAcable)
SITE DEVELOPMENT PLAN NU MBEP (for existing PrOJOctslsitts Only)
SDP orAR orP( M --
519p4 ,007 - ,AA- -1 2-5
rut-n 7/6/20,13 TIMQt 9:47 PM To, Q 253573.4
COLLIER COUNTY GOVERNMENT
G-RCVVT)4 MANAGEMEW [DIVI &ON)
PLANNING AND RE:6ULATION
x &A Na.plas Fax Fagan
AO- GOki Ity
28W NORTH HDRSESh40E OLIVE
NAPLES, FLORIDA 34104
(239) 252 -2404 FAX (230) 232 -5724
LA U..q „LIERf.0i/.NET
Project or development navies proposed for, or already appearing in, condominium documgtuts (if application;
Indicate whether proposed or existing)
Please Check One. Checklist is to be Faxed back ® Personally Picked Up
APPLICANT NAME: R. Bruce Anderson,- Esq.
'HONE 239 649 -2708 FAX 239 261 ®3659
signature on Addressing Checklist does net constitute Project and /or Street Name approval
and is subject to further review by ttie Operations Department.
FOR STAFF USE ONLY
Fi_>V Naarri6ed PPlraar 1 I i
Folio Nmr€ibes
Folio Number
Folio Plumber
�� 1
/ /gy 1 /
Approved try: Date:_
Updaft:d by Daft:.
IF OLDER THAN 6 MONTHS ' FORM MUST BE
UPDATED OR NEW FORM ' USMI TTED
OR; 4223 PG; 0874
equipment, plumbing fixtures and connections thereto, and electric panels,
outlets and wiring, whether located in Buildings or not and whether or not
located on its Parcel. Each Owner shall maintain its Parcel in first class
condition.
B. No Nuisance: No Owner shall cause or allow noxious odor, noise or
vibration to emanate from its Parcel or the Shared Facilities which
unreasonably damages or disturbs the occupancy or use of any other
Parcel or the enjoyment of any Shared Facility. All activities by any
Owner, Occupant, or user of a Parcel must be reasonable, and must be
conducted in such a manner as to minimize or prevent interference with
the rights of others. It is understood and accepted, however, that there will
be noise, odors or vibrations emanating from grocery stores, restaurants,
bars, retail stores or other businesses located upon one or more Parcels.
Portions of the Commercial Parcel will be occupied by tenants engaged in
the food, beverage and entertainment industry and that these businesses
may operate well into the..lening including after midnight.
Condominium U rrif -Parcel are located above and in close
proximity to Yant;ars� ze�l s or other businesses which may
operate at, ° Iflly late or early hose~ avoidably, such Condominium
Units an& thgIstel -Peel will be expo ed noise, odors, activities and
lights associate � live.�enter a�,nment, coo' ing and other business
related act yrtf 9t a buildings. These noises and
odors 5hal ri t be °i�de e bj } b" a nuisance.
c L� t� ,s � - E
C. Power :ah uiI so e Cori erci w wvith Respect to the Shared
Faciliti" I 'The Commercial O s alyjgtil ae its reasonable best efforts
to: �' • f
1. Operem"fltain, repair; ee and otherwise manage all the
Shared Faotl j!fa'6 6., e with the provisions of this
Declaration, except those that may be expressly required herein to
be maintained, repaired or replaced by the Owner of the Parcel in
which they are located, or the Condominium Associations.
2. Clean, or cause the Shared Facilities to be cleaned, on a regular
basis in accordance with the standards of first class business
facilities, and to perform or cause to be performed other customary
and necessary janitorial services.
3. Obtain, for the benefit of the Owners, and provide for distribution
through the Shared Facilities, all commonly metered water,
sanitary sewage, trash removal, and other utility services for the
Buildings designed for common provision and metering services,
and provide for distribution through the Buildings, the Commercial
Parcel and the Shared Facilities, of all utility services, as
necessary, to be metered as determined in the Building Plans.
21 238011.14/26/2007
EXHIBIT
3
Kh�
OR; 4223 PG; 0874
equipment, plumbing fixtures and connections thereto, and electric panels,
outlets and wiring, whether located in Buildings or not and whether or not
located on its Parcel. Each Owner shall maintain its Parcel in first class
condition.
B. No Nuisance: No Owner shall cause or allow noxious odor, noise or
vibration to emanate from its Parcel or the Shared Facilities which
unreasonably damages or disturbs the occupancy or use of any other
Parcel or the enjoyment of any Shared Facility. All activities by any
Owner, Occupant, or user of a Parcel must be reasonable, and must be
conducted in such a manner as to minimize or prevent interference with
the rights of others. It is understood and accepted, however, that there will
be noise, odors or vibrations emanating from grocery stores, restaurants,
bars, retail stores or other businesses located upon one or more Parcels.
Portions of the Commercial Parcel will be occupied by tenants engaged in
the food, beverage and entertainment industry and that these businesses
may operate well into the..lening including after midnight.
Condominium U rrif -Parcel are located above and in close
proximity to Yant;ars� ze�l s or other businesses which may
operate at, ° Iflly late or early hose~ avoidably, such Condominium
Units an& thgIstel -Peel will be expo ed noise, odors, activities and
lights associate � live.�enter a�,nment, coo' ing and other business
related act yrtf 9t a buildings. These noises and
odors 5hal ri t be °i�de e bj } b" a nuisance.
c L� t� ,s � - E
C. Power :ah uiI so e Cori erci w wvith Respect to the Shared
Faciliti" I 'The Commercial O s alyjgtil ae its reasonable best efforts
to: �' • f
1. Operem"fltain, repair; ee and otherwise manage all the
Shared Faotl j!fa'6 6., e with the provisions of this
Declaration, except those that may be expressly required herein to
be maintained, repaired or replaced by the Owner of the Parcel in
which they are located, or the Condominium Associations.
2. Clean, or cause the Shared Facilities to be cleaned, on a regular
basis in accordance with the standards of first class business
facilities, and to perform or cause to be performed other customary
and necessary janitorial services.
3. Obtain, for the benefit of the Owners, and provide for distribution
through the Shared Facilities, all commonly metered water,
sanitary sewage, trash removal, and other utility services for the
Buildings designed for common provision and metering services,
and provide for distribution through the Buildings, the Commercial
Parcel and the Shared Facilities, of all utility services, as
necessary, to be metered as determined in the Building Plans.
21 238011.14/26/2007
OFFICE OF THE COUNTY A TTORNE Y
INTEROFFICE MEMORANDUM
TO: Minutes & Records, Clerk of Courts
FROM: Wanda Rodriguez, ACP G�
DATE: November 15, 2013
RE: Hearing Examiner Decision(s) from November 14, 2013 hearing
Attached is the signed HEX decision from the November 14, 2013 Hearing Examiner
hearing.
Attachment: HEX No. 2013 -02
05- COA- 01253/744
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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