Backup Documents 07/24/2012 Item #17E7-24-12
ABW—PL20120001079 THE WINELOFT
17E
COLLIER COUNTY FLORIDA
REQ1JESTFOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc,)
Originating Dept/ Div: K.�iaQiZ(MLng PCTSOTI: Nancy Gundlach, Principal Planner
Date: June 29, 2012
Petition No, (if none, give brief descr ePTA)W20120001079 Of t\ho �VS
Petitioner: (Name & Address):
Mr. D. Wayne Arnold
Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, FL 34134
Name &- Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet)
licaring before X13CC BZA Other
Requested I learing date: Tuesday, July 24, 2012. Based on advertisement appearing 20 days belbre hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
ProposcdText: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date:
Legally Required
Does Petition Fec include advertising cost? X Yes. No. If Yes. what account should be charged for advertising costs
Rcvie\vcd by:
DfViSiOD 1Ndministrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or B7A: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney
before submitting to County Manager. The Manager's office will distribute copies:
County .Nlanager agenda file: Requesting Division Original Clerk's Office
Other hearings: Initiating Division bead to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
Date Received: Date of Public hearing: Date Advertised L—+L-j,
17E
Ann P. Jennejohn
From: GundlachNancy < NancyGundlach @colliergov.net>
Sent: Tuesday, June 19, 2012 S:14 PM
To: Minutes and Records
Cc: Bosi, Michael; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Rodriguez, Wanda;
Neet, Virginia; Kendall, Marcia
Subject: Request for BCC Advertising for Winel-oft at the Mercato ABW
Attachments: Request for BCC Advertising 6- 19- 12.pdf
Good afternoon,
Attached please find a "Request for Legal Advertising" to be processed for the upcoming July 24, 2012 BCC hearing.
Thank you.
Sincerely,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Land Development Services
Growth Managment Division
2800 North Horeshoe Drive
Naples, FL 34104
(239)252 -2484
NancyGundlach @collierRov.net
. ddI'e. I a,re- '?E!b :ic m cmis, it ,cu d., no),A v. ±E t< y l , 0 ' i l at. 3i :L,.:,,;ed i i'e bpi 7s.i to a public; x.t.t,C.1:; re� 2:ib._t, co -3 l ;,end
31gr, ix(.:3 °. .4- t.,.'d{e, 4,u r `r3 the .r ii- by ,'.; -f in
1
17E
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, July24, 2012,in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will
consider the enactment of a County Resolution. The meeting will commence at 9:00 AJM=_ The title of the proposed
Resolution imaafollows:
Af3W-PL20120001079, 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. [Coordinator NanuyGund|aoh. A(CP, RLA, Principal Planner]
Acopy of the proposed Resolution is on file with the Clerk bzthe Board and is available for inspection. All interested
parties are invited tu attend and beheard.
NOTEi All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item 0z be addressed. Individual speakers will be limited to 5 minutes on any item The selection of any
individual to speak on behalf nfan organization or group is encouraged, if recognized by the Chmirman, u spokesperson
for a group or organization may be allotted 1O minutes hz speak ooanitem,
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of3 weeks prior to the respective public hearing. |n any case, written materials intended b/ba considered by
the Board shall be submitted to the appropriate County 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 appeal any decision of the Board 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 evidence upon which the appeal iebased.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, atno cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located a\3335Temiami Trail East, Suite 1O1. Naples, Fl- 34112-535G.(23Q)252-8380.atleast two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED VV.CDYLE.CHAIRMAN
DWIGHT E.BROCK.CLERK
By: /s/Patricia Morgan
Deputy Clerk (SEAL)
17E
RESOLUTION NO. 12-
A RESOLUTION OF THE BOA.I-'.D OF ZONING APPEALS OF
COLLIER COUNTY, FI.,ORIDA RELATING TO PETITION
NUMBER ABW-PI,20120001079 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 M MIMUTIM 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,
TOIN'INSITIP 48 SO[JTH, 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
201.1 -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 lnvestments [,,I-,C d/b/aThe 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 8 150 of the Mercato MPUD that would
be located within 500 feet of existing businesses whose primary pu-q.)o,.,,e is the sale of alcohol.-
and
WHEREAS, SCIM I Investments LLC d/b/a The Wineloft of Naples seeks a waiver
permitting a separation distaince from other establishments whose primary function is the sale of
alcohol for on-site consumption with none of these establishments deriving at least fifIV-011C
percent of their gross revenue frorn the sale of food or non-alcoholic beverages as follov,,,s:
Blue Martini
1, 1 nit #12105
Cigar Bar
Unit 461.60
Prime Bar
I in it #8210
Silverspot
[Init 48205
Mercato Wine loft\ABW-PL20l20001079 I of 3
5/29/12
402 feet
355 feet
111 feet
0 feet, and
17E
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 APPF'A1,S
OF COLLfER COUNTY, FLOIUDA that:
The Board hereby approves a waiver pursuant to LDC Section '5.05.01.A.6. and approves
the separation distance frarri other establishments which will sell alcohol for on-site consumption
and derive legs than fifty-one percent of their sales from food items as follows:
Blue Martini
Unit #12105
40" feet
Cigar Bar
Unit #6160
355 feet
Prime Bar
Unit #8210
111 feet
Silverspot
Unit 98205
0 feet
and as depicted in Exhibit "A", attached hereto and incorporated herein by reference as reqLICSI.Cd
in Petition ABW-PI...2'0120001079 filed by D. Wayne Arnold, AICP of Q. Grady Minor and
Associates, P.A. on behalf of the Petitioner, SCM I Investments LLC ctlb/a as The Wi.neloft of
' aples, concerning the subject property described as Units 8145 and 8150, Mereato TMPUD in
Section 34, Township 48 South, Range 25 East, Collier County, Florida.
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the ininutes of this
This Resolution adopted after motion, second, and majority vote, this day of
,2012.
ATTEST:
DWIGI-I'll I E. BROCK, CLERK
BY:
I Deputy Clerk
BOARD 0FZONfNG APPEALS
COLLIER COUNTY, FLORIDA
BY:
Nlercato WineloffiABW-Pt.20120001 019 2 of 3
5/29/12
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
r
. ..... ..... "Alm
.Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Separation E.Xhibit
CP\12-CPS-001 168C,
Morcato Wincloft'\ABW-Ill..20120001079 3 of 3
5/29/12
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
A8W- PL201200o1079 RF'V- I
MERCATO -WIN ELOFT OF NAPLES
DATE: 5/9/12
DUE: 5/24/12
Exhibit A
.1
ont�ollier
17E
CLERK OF THE CJRCI IT COURT
Dwight E. Brock COLLIER COUNTYFOUR POUSE
g 3301 TAMIAMI IL EAST Clerk of Courts
Clerk of Courts P.O. BOX 41,3044 Accountant
NAPLES, FLORIDA` 4101 -344 Auditor
}� Custodian of County Funds
June 20, 2012
Q. Grady Minor & Associates, P.A.
D. Wayne Arnold
3800 Via Del Rey
Bonita Springs, FL 34134
Re: ABW- 20120001079: The Wineloft of Naples
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, July 24, 2012, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Wednesday, July 4, 2012.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
'1')
O.0 .
Ann Jerm
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk@collierclerk.com
17E
Acct. #068779
June 20, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, FL 34110
Re: ABW- PL20120001079 The Wineloft of Naples
Dear Legals:
Please advertise the above referenced notice Wednesday, July 4, 2012,
and send the Affidavit of Publication, in DUPLICATE, together with
charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
PO #4500131207
17E
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 Zoning Appeals, will consider
the enactment of a County Resolution. The meeting will commence at
9:00 A.M. The title of the proposed Resolution is as follows:
ABW- PL20120001079, 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 5.05.0l.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.
[COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL PLANNER]
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. 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 allotted 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 respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County 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 appeal any decision of the Board 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 evidence upon which the
appeal is based.
17E
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, FL 34112 -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 Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, June 20, 2012 1:06 PM
To: Naples Daily News Legals
Subject: ABW- PL20120001079
Attachments: ABW- PL20120001079.doc; ABW- PL20120001079.doc
Hi there,
Please advertise the attached on Wednesday, July 4, 2012.
Thank you O
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)
1
17E
17E
Ann P. Jennejohn
From: postmaster @coIIierclerk.com
To: Naples Daily News Legals
Sent: Wednesday, June 20, 2012 1:06 PM
Subject: Relayed: ABW- PL20120001079
Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server:
Naples Daily News Legals <mai Ito: legals @naplesnews.com>
Subject: ABW- PL20120001079
Ann P. Jenne'ohn 17E
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Wednesday, June 20, 2012 2:24 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS746 jpg
Please provide approval A5AP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
06/20/12
Publication
NDN
Account Number
744102
Ad Number
1953711
Total Ad Cost
$274.86
1
NOTICE O+ PUBLIC HEARING nO CONSIDER A RESOLUTION
Notice is heteby given that on Tuesday, July 24, 2012, in Ithe Board of County
Commissioners Meeting Room, Third'Floor, Collier Government Center, 3299
Tandami Tt ail East, Naples FL, the Board of Counry 'Commissioners (BCC) as the
13oard of Zoning Appeals, will consider the enactrinent of, a County Resolution. The
meeting will commence at 9:00, A,M, The title of the proposed Re%olution is as
fol lows:
AGW-PL20120001079, THE WINELOFTI OF NAPLES, A RESOLUTION OF THE BOARD Of
ZONIN(.-j APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
ABW-PL20120001079 GRANITING.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-ONL
PERCEN'T 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 50UTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [COORDINATOR: NANCY GUNDLACH,AICP, RLA,
PRINCIPAL PLANNER]
A copy of d arid is
All
NOTE, All persons wishing to speak on any agenda Itern must register vvith the
County rnanager prior to presentation of Ifie agenda item to be addressed.
individual speakerswill 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
allotted 10 minutes to speak on an item.
Persons wishing to have written or grapfiiA: materials included iri the Board agenda
packets must subrfirt said material a minimum of 3 weeks prior to the respective
public hearing In any case, writton materials intended to be considered by the
Board shall be submitted tothe appropriate County staff a minirvium, 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 ap eal any decision of the Board will need a record of
th,e proceedings pertaining Tplereto arid Therefore, may need to ensure that a
verbatim record of the rraceedings is made, which record includes the testimony
and evidence upon which the appeal is I
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
Departmerit, located at 3335 Tarniarni Trail East, Suite 101, Naples, FL 34112-53 356,
(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
Off ice.
BOARD OF COUNTY RS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FREE) \mcOYLE, CHAIRMAN
iT E, BROCK, CLERK
Clerk
No. 1953111
17E
17E
Ann P. Jennejohn
From: GundlachNancy <NancyGundlach @colliergov.net>
Sent: Wednesday, June 20, 2012 IS9 PM
To: Ann P. Jennejohn
Subject: RE: Ad Confirmation
Hi Ann,
The ad looks good.
Sincerely,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
(239)252 -2484
- - - -- Original Message---- -
From: Ann P. Jennejohn fmai Ito: Ann .Jenne_john @coIIierclerk.coml
Sent: Wednesday, June 20, 2012 3:48 PM
To: GundlachNancy
Cc: NeetVirginia; RodriguezWanda
Subject: FW: Ad Confirmation
Hi there,
Attached is the legal ad for ABW- PL20120001079, The Wineloft of Naples for the July 24 Board Meeting.
Please look it over and send me an O.K. if you approve.
Thank you.
Ann
- - - -- Original Message---- -
From: Green, Amy fmai Ito: AGreen @ Nap lesnews.coml
Sent: Wednesday, June 20, 2012 2:24 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Ann P. Jennejohn
17E
From: NeetVirginia <VirginiaNeet @colIiergov.net>
Sent: Friday, June 22, 2012 10:17 AM
To: Ann P. Jennejohn
Subject: FW: Ad Confirmation
Ann:
The ad is ok.
Dinny
- - - -- Original Message---- -
From: AshtonHeidi
Sent: Friday, June 22, 2012 9:57 AM
To: NeetVirginia
Cc: RodriguezWanda
Subject: RE: Ad Confirmation
Okay
Heidi Ashton -Cicko
Heidi Ashton -Cicko
Managing Assistant County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252 -8400
- - - -- Original Message---- -
From: NeetVirginia
Sent: Friday, June 22, 2012 9:55 AM
To: AshtonHeidi
Cc: RodriguezWanda
Subject: FW: Ad Confirmation
Heidi:
See attached for your approval.
Dinny
- - - -- Original Message---- -
From: Ann P. Jennejohn ( mai Ito: Ann.Jennejohn@coIlierclerk.coml
Sent: Wednesday, June 20, 2012 3:48 PM
To: GundlachNancy
Cc: NeetVirginia; RodriguezWanda
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, June 20, 2012 4:25 PM
To: 'Green, Amy'
Subject: RE: Ad Confirmation
Looks great Amy, please publish :)
Thank you.
Ann
- - - -- Original Message---- -
From: Green, Amy fmailto:AGreen @Naplesnews.com]
Sent: Wednesday, June 20, 2012 2:24 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
06/20/12
Publication
NDN
Account Number
744102
Ad Number
1953711
Total Ad Cost
$274.86
1
17E
17E
From: Naples Daily News [mailto:naplesnews @ clicknbuy.coml
Sent: Tuesday, July 03, 2012 11:08 PM
To: Martha S. Vergara
FW: Ann P. Jennejohn <Ann.Jennejohn @collierclerk.com
Subject: Thank you for placing your classified advertisement.
Ad # 1953711
Thank you for placing your classified advertisement
The following represents the current text of your advertisement
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 Zoning Appeals, will consider the enactment of a County Resolution. The meeting will
commence at 9:00 A.M. The title of the proposed Resolution is as follows: ABW- PL20120001079, 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 5.05.0l.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.
[COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL PLANNER]
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. 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 allotted 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 respective public hearing.
In any case, written materials intended to be considered by the Board shall be submitted to the appropriate
County 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 appeal any decision of the Board
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 evidence upon which 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 the provision of certain assistance. Please contact the Collier County Facilities
Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -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 Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING
APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk (SEAL) July 4, 2012 No. 1953711
Na 17E
ples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-------------------------------------------------- +------------------ - - - - --
BCC /ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
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
REFERENCE: 068779 4 5 0 01312 0 7 Board of Zoning Appeals, will consider the enactment of a County Resolution. The
59692660 NOTICE OF PUBLIC HEA f bws9 will commence at 9:00 A.M. The title of the proposed Resolution is as
State of Florida
Counties of Collier and Lee
Before the undersigned authority, person,
appeared Barbara Boyer, says that she serv,
the Sales Coordinator, of the Naples Daily
daily newspaper published at Naples, in Co:
County, Florida: distributed in Collier
and Lee counties of
Florida; that the attached copy of adverti:
published in said newspaper on dates liste(
Affiant further says that the said Naple:
News is a newspaper published at Naples, ii
Collier County, Florida, and that the said
newspaper has heretofore been continuously
day and has been entered as second class ma
matter at the post office in Naples, in saj
Collier County, Florida, for a period of 1
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation an
discount, rebate, commission or refund for
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 07/04
AD SPACE: 92 LINE
FILED ON: 07/04/12
Signature of Affi
Sworn to and Subscribed be
Personally known by me
ABW- PL20120001079, 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. [COORDINATOR: NANCY GUNDLACH, AICP, RLA,
PRINCIPAL PLANNER]
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. 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
allotted 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 resppective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County 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 appeal any decision of the Board 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 evidence upon which 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 the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -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
Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
July 4. 2012 No. 1953711
-- - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
met day of
CAROLPAINLJNSKI
MY COMMISSION # EE 45538
• ' ` EXPIRES: November 28, 2014
�Rf,�L Bonded Thru Pchard Insurance Agency
2 O_1�_,
ORIGINAL DOCUMENTS CHECKLIST & ROUTI]
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEP
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The col
documents are to he forwarded to the Board Office onlv after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the docui
exception of the Chairman's si ature, draw a line through routing lines #I through #4, complete the checklist, and forward
GjL7p E
'TO
GNATURE
deted routing slip and original
nt is already complete with the
Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initi
is
Date
1. Judy Puig
GMD -P & R/Operations &
Regulatory Mgmt. Dept.
Applicable)
1.
7 a
2.
July 24, 2012
Agenda Item Number
17.13.
Approved by the BCC
3.
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
Resolution n ,
4.
1
Attached
1 v
Documents Attached
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
�-2- 4e
6. Minutes and Records
Clerk of Court's Office
--1R
2.
m
q (-&62-
m
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to coni act staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after i he BCC has acted to approve the
item.) ,\ A—
Name of Primary Staff
Nancy Gundlach
Yes
Phone Number
239 - 252 -2484
Contact
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Date Item was
July 24, 2012
Agenda Item Number
17.13.
Approved by the BCC
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
Resolution n ,
Number of Original
1
Attached
1 v
Documents Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
INSTRUCTIONS & CHECKLIST
v
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
t`
Office and all other parties except the BCC Chairman and the Clerk to the Board
'
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on July 24, 2012 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
v
17E
MEMORANDUM
Date: July 27, 2012
To: Nancy Gundlach, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2012 -129: Mercato Wineloft Waiver
Attached for your records is a copy of the document referenced above, (Item #17E)
adopted by the Board of County Commissioners on July 24, 2012.
I have also included an original Affidavit of Publication from Naples Daily
News to confirm an official public hearing notice was published.
The Minutes and Record's Department has held the original resolution for the
Board's Official Record.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachment
17E
RESOLUTION NO. 12-129
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 5.05.01.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
Cigar Bar
Unit #6160
Prime Bar
Unit #8210
Silverspot
Unit #8205
Mercato Wineloft\ABW- PL20120001079 1 of 3
5/29/12
402 feet
355 feet
111 feet
0 feet; and
17E
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 #8205
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, AICP 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.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and majority vote, this 2day of
2012.
ATTEST:
DWIGHT E. BROCK, CLERK
. c
` uty Clerk
bh.Fk4
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Cha' an
Mercato Wineloft\ABW- PL20120001079 2 of 3
5/29/12
Item # _
Agenda 1,�Z
Date
Date
ec'd
ep erR
17E
Approved as to form
and legal sufficiency:
H&-di Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Separation Exhibit
CP\ 12- CPS - 001168 \3
Mercato Wineloft\ABW- PL20120001079 3 of 3
5/29/12
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On- premise Consumption
Separation Exhibit
17E
Exhibit A