Agenda 07/24/2012 Item #17E7/24/2012 Item 17.E.
EXECUTIVE SUMMARY
Recommendation to consider the WineLoft of Naples, a Resolution of the Board of Zoning
Appeals of Collier County, Florida relating to Petition Number ABW- PL20120001079
granting a waiver pursuant to Section 5.05.01.A.6. of the Land Development Code
concerning an establishment selling alcohol for on -site consumption and deriving less than
fifty -one percent of their sales from food items and having 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.
OBJECTIVE:
The applicant is requesting a waiver of 500± feet from the 500 -foot separation requirement
between two establishments selling alcoholic beverages for on- premises consumption, to allow
two establishments to be separated by 0± feet.
CONSIDERATIONS:
The Board of Zoning Appeals' 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.
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 specific hours of operation have not been established for the
business.
It is anticipated that the hours of operation will be similar to other dining establishments located
within the Mercato development. The WineLoft of Naples is principally an indoor use and
according to the applicant, will not generate excessive noise. See attached Separation Exhibit,
Attachment B.
Additional Considerations:
The WineLoft of Naples 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
WineLoft of Naples is located in a building that does not contain any residential uses and
restaurants are located immediately to the east. The WineLoft of Naples is located
approximately 95 feet from the second story residential units across the street.
ABW- 20120001079, Mercato — WineLoft of Naples
June 26, 2012
Page 1 of 3
Packet Page -3304-
7/24/2012 Item 17.E.
Other businesses in the Mercato MPUD that have been previously granted Alcohol Beverage
Waivers include the Cigar Bar, Blue Martini, Prime Bar and Silver Spot Theater. All of the
establishments including WineLoft of Naples are subject to the Collier County Noise Ordinance.
The WineLoft of Naples is located 0 feet from the Silver Spot Theater located directly above the
subject property on the second floor. Furthermore, the subject WineLoft property is located
approximately 402 feet from the existing Blue Martini, 355 feet from the existing Cigar Bar and
111 feet from the proposed Prime Bar establishments in the Mercato MPUD (mixed -use planned
unit development). See Attachment A: Location Map and Attachment B: Separation Exhibit on
proceeding pages.
The applicant has provided a copy of an excerpt from the condominium document (Attachment
C) stating that the residential buyers acknowledge that they are living in an active main street
environment with bars, restaurants and the noises generally accompanying such uses.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
LEGAL CONSIDERATIONS:
The Petitioner is requesting an Alcohol Beverage Waiver to the minimum distance between
establishments whose primary function is the sale of alcoholic beverages for consumption on -site
under LDC §5.05.01.A.6.
All testimony given must be under oath. The Petitioner has the burden to prove that the
proposed Alcohol Beverage Waiver is consistent with all the criteria set forth below, and you
may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied
in LDC §5.05.0l.A.6. Should you consider denying the Alcohol Beverage Waiver, to assure that
your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must
be based upon competent, substantial evidence that the proposal does not meet one or more of
the listed criteria below.
Criteria for Alcohol Beverage Waivers:
The BZA's decision to waive part or all of the distance requirement shall be based upon the
following factors:
a. 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 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. [NOT APPLICABLE]
ABW- 20120001079, Mercato — WineLoft of Naples
June 26, 2012
Page 2 of 3
Packet Page -3305-
7/24/2012 Item 17.E.
b. The paths of vehicular and pedestrian traffic which could be taken between the
alcoholic beverage establishment and the school, child care center, public
library, church, public park, or public playground. [NOT APPLICABLE]
c. The hours of operation and the noise and light which could potentially be
generated from the premises selling alcoholic beverages.
The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient
for Board action. A majority vote is required for Board approval.- HFAC
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition ABW-
PL20120001079, for a waiver of the 500 -foot separation requirement between two
establishments selling alcoholic beverages for on- premise consumption.
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner
Department of Zoning and Land Development Review
Attachments:
Attachment A:
Location Map
Attachment B:
Separation Exhibit
Attachment C:
Condominium Document page with noise warning
Attachment D:
Application
Attachment E:
Resolution
ABW- 20120001079, Mercato — WineLoft of Naples
June 26, 2012
Page 3 of 3
Packet Page -3306-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E.
7/24/2012 Item 17.E.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to consider the Winel-oft of Naples, a Resolution of the Board of Zoning
Appeals of Collier County, Florida relating to Petition Number ABW- PL20120001079 granting a
waiver pursuant to Section 5.05.01.A.6. of the Land Development Code concerning an
establishment selling alcohol for on -site consumption and deriving less than fifty -one percent of
their sales from food items and having 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.
Meeting Date: 7/24/2012
Prepared By
Name: GundlachNancy
Title: Planner, Principal,Comprehensive Planning
6/21/2012 2:30:07 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/22/2012 3:53:46 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 6/26/2012 4:00:34 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 6/27/2012 9:00:33 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/28/2012 2:32:57 PM
Packet Page -3307-
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 7/2/2012 10:35:02 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 7/2/2012 10:55:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/3/2012 10:22:27 AM
Name: OchsLeo
Title: County Manager
Date: 7/10/2012 3:23:53 PM
Packet Page -3308-
7/24/2012 Item 17.E.
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7/24/2012 Item 17.E.
Mercty MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On- premise Consumption
Separation Exhibit
Packet Page -3310-
7/24/2012 Item 17.E.
building (including awnings, signs, storm shutters, screens, furniture, fixtures and equipment)
without the prior written consent of the Association. Notwithstanding the foregoing, Unit
Owners may display one portable removable United States flag in a respectful manner, without
the need for Association approval. Private terraces, entry terraces, balconies, loggias and sun
decks within a Unit or which are Limited Common Elements appurtenant thereto, may be used
only for recreational purposes and may not be improved except as permitted hereby. Such areas
may not be used for hanging laundry and may not be enclosed, painted or the color or appearance
otherwise altered by the owner except with the prior written consent of the Association. The
Unit Owner shall be responsible for the maintenance and repair of any surface coating which the
Owner shall apply to a terrace, and the Owner may only apply surface coatings and/or materials
with written consent of the Association.
(1) Proviso. Notwithstanding the above restrictions, until Developer has completed all of
the contemplated improvements and closed the sale of all of the Units in the Condominium,
neither the. Unit owner nor the Association, nor the use of the Condominium Property, shall
interfere with the completion of the contemplated improvements and the sale of the Units.
Developer may make such use of the Units and Common Elements as may facilitate such
completion and sale, including but not limited to the maintenance of a sales office and models,
the showing of the property and the display of signs. This provision may not be amended
without the consent of Developer.
(m) Mercato Restrictions. The Condominium Property is within The Mercato, a mixed -
use planned unit development in Collier County, Florida. A Declaration of Covenants,
Conditions and Restrictions and Reservation of Easements for The Mercato (the Declaration of
Covenants) has been filed by the Developer of The Mercato, in Official Records Book
Page , Public Records of Collier County, Florida. The Declaration of Covenants encumber
the Condominium Property.
The units in this condominium will be located above, and in close proximity to, restaurants,
bars, retail stores or other businesses which may operate at unusually late or early hours,
unavoidably causing noise, and emitting odors associated with cooking or other business -
related activities. No one to whom a quiet, serene residential environment is important
should consider purchasing a unit in this condominium for his own use and occupancy.
15. BRIEF NARRATIVE OF EASEMENTS.
Easements will be granted over, across and through the condominium property for access
to, ingress and egress through, and use of the stairways, elevators, elevator shafts within the
condominium and the roof of the condominium for the placement, installation, maintenance,
repair of the facilities, fixtures and equipment located within the condominium, serving the
commercial parcels and across the common elements of the condominium for the installation,
maintenance and repair of the utilities, for support in and to all structural- footings, foundations,
and for entry for maintenance, repair or reconstruction of any Shared Facilities or any Shared
Building Components located upon the condominium property. The grant of easements are more
fully described in the Declaration of Covenants under paragraph II D of Exhibit 7.
13 � I
-• -- _ 230970.112/a/2oo6
Packet Page -3311-
7/24/2012 Item 17.E.
Co w County
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
------ - - - - --
------- - -- -
ABW_ PL20120001079
MERG4T0 - WINELOFT OF NAPES 1
PROJECT NUMBER (PL) DATE: 5/9/12
PROJECT NAME DUE: x/24/12
DATE PROCESSED
APPLICANT/OWNER INFORMATION
PETITIONER: SCM I Investments LLC d /b /a The Winel-oft of Napies
FIRM: C/O Hill Ward Henderson
ADDRESS: 3700 Bank of America Plaza 3700 Bank of America Plaza City Tampa State FL
Zip 33602
PHONE # 813.221.3900 CELL # _ FAX # 813.221.2900
E -MAIL ADDRESS: Izakarian(cD_hwhlaw.com
AGENT: D. Wayne Amold, AICP Q. Grady Minor and Associates P.A.
ADDRESS: 3800 Via Del Rev City Bonita Springs State FL Zip 34134
PHONE # 239.947.1144 CELL # _ FAX # 239.947.0375
E -MAIL ADDRESS: warnold(a grradyminor.com
AGENT: Hill Ward Henderson Attorneys at Law
ADDRESS: 3700 Bank of America Plaza City Tampa State FL Zip 33602
PHONE # 813.221.3900 CELL # — FAX # 813.221.2900
E -MAIL ADDRESS: Izakarian(Whwhlaw.com
Please be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Packet Page -3312-
7/24/2012 Item 17.E.
COX-r County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE Amwok
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
OLLIEREIMNET
LEGAL DESCRIPTION OF SUBJECT PROPERTY
SITE ADDRESS Unit 8145 and 8150, Mercato MPUD
SECTION/TOWNSHIP/RANGE: 34148S/25 E
CURRENT ZONING OF PROPERTY Mercato MPUD
PROPERTY I.D. # 00176760009
SUBDIVISION NAME:
UNIT _ BLOCK _ LOT
METES & BOUNDS DESCRIPTION:
ADJACENT ZONING & LAND USE
WAIVER REQUEST DETAIL
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 wall of the establishment.)
The Mercato is a mixed use lifestyle type shopping center which blends retail, office and
residential uses in a planned environment. The waiver requests relief from the five
hundred foot separation requirement between two establishments serving alcoholic
beverages which derive less than fifty -one percent of their sales from food - items. The
County Commission previously approved an alcohol beverage waiver for the Cigar Bar,
Blue Martini and Silver Spot Theater due to their proximity to each other. Since that
approval, the WineLoft of Naples is proposing to open along the primary street in
Mercato. The WineLot of Naples offers both food and beverages to patrons; however, it
is not anticipated that 51% of its revenues will be derived from food sales. The WineLoft
Packet Page -3313-
Zoning
Land Use
N
PUD
Retail Shopping Center and Residential
S
PUD
Parking Garage
E
PUD
Restaurant, Retail Shopping Center
W
PUD
Retail Shopping Center
WAIVER REQUEST DETAIL
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 wall of the establishment.)
The Mercato is a mixed use lifestyle type shopping center which blends retail, office and
residential uses in a planned environment. The waiver requests relief from the five
hundred foot separation requirement between two establishments serving alcoholic
beverages which derive less than fifty -one percent of their sales from food - items. The
County Commission previously approved an alcohol beverage waiver for the Cigar Bar,
Blue Martini and Silver Spot Theater due to their proximity to each other. Since that
approval, the WineLoft of Naples is proposing to open along the primary street in
Mercato. The WineLot of Naples offers both food and beverages to patrons; however, it
is not anticipated that 51% of its revenues will be derived from food sales. The WineLoft
Packet Page -3313-
C1n��er �t-cnt
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
7/24/2012 Item 17.E.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
WWW.COLLIERGOV.NET
is located adjacent to the AZN restaurant and directly under the Silver Spot Theatre.
Approval of this waiver will permit the non - restaurant first floor use located within the
mixed use project to serve alcoholic beverages. The proposed WineLoft is approximately
355' from the existing Cigar Bar, approximately 402' from the existing Blue Martini,
approximately 111' from the proposed Prime Bar location and 0' from the Silver Spot
Theatre which is located directly above on the second floor.
The restaurants public entrance is well over 600' from the entrance to the previously
approved Cigar Bar and Blue Martini locations and over 100' from the entrance to the
Silver Spot Theatre.
Describe all proposed uses for the subject site /structure i.e., 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.?
The WineLoft of Naples is located in an approximately 3,638 square foot tenant space.
The building in which the WineLoft of Naples space will be located does not include any
residential units, and restaurants are located immediately to the east. Hours of operation
have not yet been established for this use. The business will feature food service;
however, more than 51% of the business revenues are not anticipated to be from food
sales. The subject tenant spaces are located on the first floor adjacent to AZN Restaurant
on the south of the main street side of the project. All uses at Mercato are subject to the
Collier County Noise Ordinance.
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.
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.
This criteria is not applicable to Mercato. No portion of Mercato is within 500 feet
of any school, child care center, church, public library, park or playground.
2. The paths of vehicular and pedestrian traffic which could be taken.
Packet Page -3314-
COMer GOUnt 7/24/2012 Item 17.E.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
Various opportunities for pedestrian and vehicular access are available to this
tenant space, which is the premise of this type of mixed use project. Sidewalks
and an interconnected network of driveways is in place to serve the entire Mercato
project, linking the site to both U.S. 41 and Vanderbilt Beach Road. Patrons will
be able to enter the tenant space from the street.
3. The hours of operation and the noise and light which could potentially be generated from
the premises selling alcoholic beverages.
No specific hours of operation have been established for this business. It is
anticipated that hours of operation will be comparable to other dining
establishments located within the Mercato, and in compliance with County
regulations. The use is principally an indoor use and does not feature activities
that will generate excessive noise.
Residential dwellings are located in the mixed use building located on the north
side of Strada Place. Sales contracts for the residential dwellings include full
disclosures concerning the proximity of the dwelling units to the active uses
anticipated at the Mercato. The condominium documents specifically state the
residential buyers acknowledge that they are living in an active main street
environment with bars, restaurants and the noises generally accompanying such
uses (see attached condo document excerpt).
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 primary use of this first floor tenant space will be for the Winel-oft, which is a
wine bar, where patrons can order a variety of wines by the glass. Tapas and other
food items will be served; however, revenues from food sales may not exceed 51%
of the business receipts.
Packet Page -3315-
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
CO er Count
y
7/24/2012 Item 17.E.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
WWW.COLLIERGOV.NET
ALCOHOLIC WAIVER PETITION
(ABW) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS
# OF
NOT
COPIES
SUBMITTED
REQUIRED
Completed Application
Survey or boundary sketch, to scale
14
14
Reduced copies of survey or boundary sketch, 8'/" X 11
Electronic copy of all documents and plans
Copy of Addressing Checklist approved by the
Addressing Dept.
14
1
1
®
El
Owner /Agent Affidavits, signed & notarized
1
Fee: $1,000.00 Review Fee
$500.00 Estimated Legal Advertising Fee
Check shall be made payable to: Board of County Commissioners
Other
Other
Applicant/Agent
Packet Page -3316-
Da e
7/24/2012 Item 17.E.
ABW- PL20120001079 REV: 1
MERCATO - WINELOFT OF NAPLES
MERCATO MPUD DATE: 5/9/12
DUE: 5/24/12 Aft
LEGAL DESCRIPTION
DESCRIPTION OF PART OF
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
BEGINNING AT THE SOUTHWEST CORNER OF PELICAN MARSH UNIT TWO AS
RECORDED IN PLAT BOOK 22, PAGES 41-48, INCLUSIVE OF THE PUBLIC RECORDS
OF COLLIER COUNTY,'FLORIDA ALSO BEING A POINT ON THE EASTERLY RIGHT-
OF-WAY OF U.S. 41, TAMIAMI TRAIL. NORTH;
THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX (6)
DESCRIBED COURSES:
1) NORTH 89 °20'48" EAST 204.55 FEET;
2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 826.09 FEET THROUGH A CENTRAL
ANGLE OF 42 040'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 69 019' 10" EAST 601.07 FEET;
3) SOUTH 47 0'59'08" EAST 100.03 FEET;
4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THOUGH A
CENTRAL ANGLE OF 29059'57' AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 62059'OT' EAST 414.10 FEET;
5) SOUTH 77 059'05" EAST 144.30 FEET;
6) SOUTHEASTERLY 654.92 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 395.00 FEET THROUGH
A CENTRAL ANGLE OF 94 059'52" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 30029'09" EAST 582.44 FEET TO THE BOUNDARY OF
PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5 ", AS RECORDED IN
PLAT BOOK 23, PAGES 40-47, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE ALONG SAID BOUNDARY SOUTH 17000'47' WEST 181.41 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY SOUTHERLY 37.60 FEET ALONG THE
ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130.00
FEET THROUGH A CENTRAL ANGLE OF 16034'19" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 08 043'37" WEST 37.47 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY AND A SOUTHERLY EXTENSION
THEREOF SOUTH 00026'28" WEST 180.64 FEET TO A POINT ON THE BOUNDARY OF
GRAND ISLE AT PELICAN MARSH AS RECORDED IN PLAT BOOK 24, PAGES 67 -70,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE NORTH 89 033'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF
PELICAN MARSH UNIT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88-89,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
W- 07- Mrs.DEM04 -0047
Packet Page -3317-
7/24/2012 Item 17.E.
THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH
00 003'39" EAST 492.87 FEET TO THE NORTHERLY BOUNDARY OF PROPOSED
RIGHT -OF -WAY OF VANDERBILT BEACH ROAD;
THENCE ALONG SAID PROPOSED RIGHT- OF-WAY WESTERLY 68.46 FEET ALONG
THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 2430.00 FEET THROUGH A CENTRAL ANGLE OF 01036'51"
AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 050'08" WEST 68.46
FEET TO A POINT OF REVERSE CURVATURE;
THENCE CONTINUE ALONG SAID PROPOSED RIGHT -OF -WAY WESTERLY 368.67
FEET ALONG THE ARC OF A CIRCULAR, CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00 °12'26" AND BEGIN
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 007'55" WEST 368.67 FEET TO A
POINT OF COMPOUND CURVATURE;
THENCE CONTINUE ALONG SAID PROPOSED RIGHT -OF -WAY WESTERLY 74.44
FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 6860.68 FEET THROUGH A CENTRAL ANGLE OF 00037'18" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°32'4T' WEST 74.44 FEET;
THENCE LEAVING SAID PROPOSED RIGHT -OF -WAY AND ALONG THE BOUNDARY
OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF
COLLIER COUN'T'Y, FLORIDA, AND ALONG A NON - TANGENTIAL LINE NORTH
00 039'03" WEST 254.61 FEET;
THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680, PAGE
782, NORTH 48 °22'47" WEST 297.34 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89 °20'57" WEST 420.00 FEET
TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637,
PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD;
THENCE ALONG SAID BOUNDARY NORTH 00 039'03" WEST 200.80 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89°20'5T' WEST 80.00 FEET
TO A POINT ON THE EASTERLY RIGHT -0F -WAY OF SAID U.S. 41;
THENCE ALONG SAID RIGHT -OF -WAY LINE NORTH 00 039'30" WEST 1291.06 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 49.72 ACRES MORE OR LESS;
Iii
A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88
THROUGH 89, COLLIER COUNTY, FLORIDA;
ALL THAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22,
PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT
FIVE;
2
W -07- 0082G.DES/PN04- p 7
Packet Page -3318-
7/24/2012 Item 17.E.
THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH
89 033'32" EAST 306.56 FEET TO A POINT ON THE WEST LINE OF TRACT WF -1
(DRAINAGE EASEMENT) ACCORDING TO THE PLAT OF GRAND ISLE AT PELICAN
MARSH, PLAT BOOK 24, PAGES 67 THROUGH 70, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG SAID LINE SOUTH 00 000'00" EAST 481.17 FEET TO A POINT ON THE
NORTH LINE OF TRACT "B" (VANDERBILT BEACH ROAD) ACCORDING TO THE
PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTHWESTERLY 306.37 FEET ALONG THE ARC OF A NON - TANGENTIAL
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2430.00,
THROUGH A CENTRAL ANGLE OF 07 013'26" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 88 015'16" WEST 306.17 FEET TO A POINT ON THE
BOUNDARY OF SAID PELICAN MARSH UNIT FIVE;
THENCE ALONG SAID LINE NORTH 00 003'39" WEST 492.87 FEET TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 3.40 ACRES MORE OR LESS;
BEARINGS ARE BASED ON THE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE
BEING SOUTH 89 033'32" EAST;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990
ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00 °39'20" EAST.
W -07- 0082G.DES/PN04 -0047
3
Packet Page -3319-
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7/24/2012 Item 17.E.
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On- premise Consumption
Separation Exhibit
l
i
ABW- PL20120001079 REV: 1
MERCATO - WINELOFT OF NAPLES
DATE: 5/9/12
DUE: 5/24/12
Packet Page -3321-
7/24/2012 Item 17.E.
I.
building (including awnings, signs, storm shutters, screens, furniture, fixtures and equipment)
without the prior written consent of the Association. Notwithstanding the foregoing, Unit
Owners may display one portable removable United States flag in a respectful manner, without
the need for Association approval. Private terraces, entry terraces, balconies, loggias and sun
decks within a Unit or which are Limited Common Elements appurtenant thereto, may be used
only for recreational purposes and may not be improved except as permitted hereby. Such areas
may not be used for hanging laundry and may not be enclosed, painted or the color or appearance
otherwise altered by the owner except with the prior written consent of the Association. The
Unit Owner shall be responsible for the maintenance and repair of any surface coating which the
Owner shall apply to a terrace, and the Owner may only apply surface coatings and/or materials
with written consent of the Association.
(I) Proviso. Notwithstanding the above restrictions, until Developer has completed all of
the contemplated improvements and closed the sale of all of the Units in the Condominium,
neither the. Unit owner nor the Association, nor the use of the Condominium Property, shall
interfere with the completion of the contemplated improvements and the sale of the Units.
Developer may make such use of the Units and Common Elements as may facilitate such
completion and sale, including but not limited to the maintenance of a sales office and models,
the showing of the property and the display of signs. This provision may not be amended
without the consent of Developer.
(m) Mercato Restrictions. The Condominium Property is within The Mercato, a mixed -
use planned unit development in Collier County, Florida. A Declaration of Covenants,
Conditions and Restrictions and Reservation of Easements for The Mercato (the Declaration of
Covenants) has been filed by the Developer of The Mercato, in Official Records Book
Page , Public Records of Collier County, Florida. The Declaration of Covenants encumber
the Condominium Property.
The units in this condominium will be located above, and in close proximity to, restaurants,
bars, retail stores or other businesses which may operate at unusually late or early hours,
unavoidably causing noise, and emitting odors associated with cooking or other business -
related activities. No one to whom a quiet, serene residential environment is important
should consider purchasing a unit in this condominium for his own use and occupancy.
15. BRIEF NARRATIVE OF EASEMENTS.
Easements will be granted over, across and through the condominium property for access
to, ingress and egress through, and use of the stairways, elevators, elevator shafts within the
condominium and the roof of the condominium for the placement, installation, maintenance,
repair of the facilities, .fixtures and equipment located within the condominium, serving the
commercial parcels and across the common elements of the condominium for the installation,
maintenance and repair of the utilities, for support in and to all structural- footings, foundations,
and for entry for maintenance, repair or reconstruction of any Shared Facilities or any Shared
Building Components located upon the condominium property. The grant of easements are more
fully described in the Declaration of Covenants under paragraph 11 D of Exhibit 7.
13
-.- - - - - - - - - - - -- - - _230970.1 1=12006
ABW- PL20120001079 REV: i
MERCATO - WINELOFT OF NAPLES
DATE: 5/9/12
DUE: 5/24/12
Packet Page -3322-
7/24/2012 Item 17.E.
RESOLUTION NO. 12-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION
NUMBER ABW- PL20120001079 GRANTING A WAIVER
PURSUANT TO SECTION 5.05.01.A.6. OF THE LAND
DEVELOPMENT CODE CONCERNING AN ESTABLISHMENT
SELLING ALCOHOL FOR ON -SITE CONSUMPTION AND
DERIVING LESS THAN FIFTY -ONE PERCENT OF THEIR SALES
FROM FOOD ITEMS AND HAVING 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.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, The Board of Zoning Appeals has issued alcoholic beverage waivers in the
Mercato Mixed Use Planned Unit Development (MPUD) by Resolution Nos. 2009 -134 and
2011 -101; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of waivers pursuant to Land
Development Code Section 5.05.0l.A.6.; and
WHEREAS, SCM I Investments LLC d/b /a The Wineloft of Naples, desires to establish a
business which will sell alcohol for on -site consumption and derive less than fifty -one percent of
its sales from food items to be located in Units 8145 and 8150 of the Mercato MPUD that would
be located within 500 feet of existing businesses whose primary purpose is the sale of alcohol;
and
WHEREAS, SCM I Investments LLC d/b /a The Wineloft of Naples seeks a waiver
permitting a separation distance from other establishments whose primary function is the sale of
alcohol for on -site consumption with none of these establishments deriving at least fifty -one
percent of their gross revenue from the sale of food or non - alcoholic beverages as follows:
Blue Martini
Unit #12105
402 feet
Cigar Bar
Unit 46160
355 feet
Prime Bar
Unit #8210
111 feet
Silverspot
Unit #8205
0 feet; and
Mercato Wineloft\ABW- PL20120001079 1 of 3
5/29/12
Packet Page -3323-
7/24/2012 Item 17.E.
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered the advisability of granting the instant
waiver and all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The Board hereby approves a waiver pursuant to LDC Section 5.05.01.A.6. 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:
Blue Martini
Unit #12105
402 feet
Cigar Bar
Unit #6160
355 feet
Prime Bar
Unit #8210
111 feet
Silverspot
Unit 48205
0 feet
and as depicted in Exhibit "A", attached hereto and incorporated herein by reference as requested
in Petition ABW- PL20120001079 filed by D. Wayne Arnold, A1CP of Q. Grady Minor and
Associates, P.A. on behalf of the Petitioner, SCM I Investments LLC d/b /a as The Wineloft of
Naples, concerning the subject property described as Units 8145 and 8150, Mercato MPUD in
Section 34, Township 48 South, Range 25 East, Collier County, Florida.
Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and majority vote, this day of
, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
ffim
, Deputy Clerk
Mercato WineloftlABW- PL20120001079
5/29/12
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
OE
2of3
Packet Page -3324-
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Heidi Ashton -Cicko
Managing Assistant County Attorney
Exhibit A — Separation Exhibit
Mercato Wineloft\ABW- PL20120001079 3 of 3
5/29/12
Packet Page -3325-
7/24/2012 Item 17.E.
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On- premise Consumption
Separation Exhibit
ABW- PL20120001079 REV:1
MERCATO - WINELOFT OF NAPLES
DATE: 5/9/12
DUE; .5/24/12
Packet Page -3326- Exhibit A
7/24/2012 Item 17.E.
NAPLES DAILY NEWS (( Wednesday, July 4,2012 (( 25D
NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION
Notice'is hereby .given. that on Tuesday, July 24, 2012, in the Board of: County
Commissioners Meeting Room, Third Floor, Collier Government Center, .3299
Tamiami Trail East; Naples fL, .the Board of County Commissioners (BCC), as 'the
Board of ZoningtAppeals,- will consider the enactment of a County Resolution. The
meeting will commence. at 9:00 A.M... The title.. of the proposed Resolution ,K, as
„• follows:, - .
ABW- PL2012006079, THE WiNELOFT OF NAPLES, A•RE50LUTION Of THE BOARD OF
TONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO.PE17TION NUMBER
ABW- PL2012D0D1079 GRANTING A WAIVER PURSUANT TO SECTION 5.05,D1.A.6 OF
THE LAND DEVELOPMENT CODE CONCERNING AN ESTABLISHMENT SELLING
ALCOHOL,. FOR ON -SITE CONSUMPTION. AND DERIVING LESS THAN FIFTY -ONE
.':.PERCENT ,•OF THEIR SALES FROM . FOOD :: ITEMS AND HAVING' 'A MINIMUM
SEPARATION DISTANCE ; OF .'LESS THAN :1W 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)
:';A'copy.of -6l roposed Resolutian•i's on file'.with the Clerk to the Board and is
,''available for nspeggn. All interested.parties are invited to attend and be heard. '
NOTE: All persons -wishing to speak on any agenda: item must register with the
County manager .prior to :presentation. of .the agenda item to be addressed.
Individual speakers will be limited`to 3 minutes on any item.. The selection of any
individual to, -speak on behalf of an organization ;-or group is encouraged..: If
recognized by the . Chairman, a. spokesperson for a group or organization may be
atlatted 10 minutes to speak on an item:
Persons wishing to have written. or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the r +ve
public, hearing.. In any rase,: Written materials intended -to be considered the
Board shall be submitted to 'the appropriate .bounty staff a minimum of seven. days
prior to the, public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
'Any person who decides to appeat'any decision of the Board will need a record of
the proceedings .pertaining thereto and therefore, -...may 'need to ensure . that e
verbatim record of the proceedings is .made, which record includes the testimony
and evidence upon w. hich the appeal is 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 tha 'provision
of certain assistance Please -!contact the Collier. County: Facilities :Management
Department,. located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34.112 - 5356,
(239) 252 -8380, at .least two . days prior to the meeting..: Assisted listening .devices
for the hearing impaired are` . available in 'the . Board of .County: - Commissioners
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY,. FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
B. Ann Jennejohn, Deputy Clerk '.. : ,
(SEAL)
h lv 4- 2012 :r: _1e,;1943Y11 .
...
Packet Page -3327-