Agenda 05/26/2009 Item #17C
!\genda Item No, 17C
May 26, 2009
Page 1 of 23
EXECUTIVE SUMl\1ARY
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. ABW-2009-AR-14359, the Mercato, LLP, represented by D. Wayne
Arnold of Q. Grady Minor & Associates, P.A., requesting a waiver pursuant to Section 5.05.01
A.6. of the Collier County Land Development Code to reduce the required separation of 500 feet
between establishments selling alcoholic beverages for on-premise consumption to 25.6:1: feet. The
subject property is located at Unit 6160, Mercato MPUD, Section 34, Township 48 South, Range
25 East, Collier County, Florida.
OBJECTIVE:
The applicant is requesting a waiver of 474.7:1: feet from the 500-foot separation requirement between
two establishments selling alcoholic beverages for em-premises consumption, to allow two
establishments to he separated by 25.6 feet.
CONSIDERATIONS:
The Board of Zoning Appeals' decision to waive all or part of the distance requirement shall be based
upon the following factors as established in Section 2.6.1 0.3 of the Collier County Land Development
Code.
<'_'
FACTOR: The nature and type of natural or man-made boundary, structure, or other feature
lying between the proposed establishment and an existing school, child care center, public library,
church, park, public playground, or existing establishment whose primary function is the sale of
alcoholic beverages for consumption on-premise, 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, nondevelopable wetlands,
designated preserve areas, canals, and major right-of -'way.
There are no natural or man-made features between the two establishments selling alcoholic beverages
and deriving less than 51 percent of their sales from food items. The two establishments, the Cigar Bar
and the Blue Martini are located across from each other in the Mercato MPUD (mixed use planned unit
development). They are not located near an existing school, child care center, public library, park or
public playground. See location map and separation exhibit on proceeding pages.
FACTOR: The paths of vehicular and pedestrian traffic, which could be taken between the
establishment and the church, school, public park, playground, or existing establishment whose
primary function is the sale of alcoholic beverages for consumption on-premise.
The establishments are located next to each other. The shortest path is for pedestrian traffic between the
two establishments, which is 25.6:1: feet. There are no churches, schools or playgrounds in the path
between the buildings.
Page 1 01'2
i\genda Item No, 17C
May 26, 2009
Page 2 of 23
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 businesses.
It is anticipated that the hours of operation will be similar to other dining establishments located within
the Mercato development.
FACTOR: Whether alcoholic beverages will be sold in conjunction with food or whether the
establishment is primarily engaged in the sale of alcoholic beverages as a primary use.
According to the applicant, the two enterprises will not generate more than 5 I percent of their revenue
from food sales. Therefore, the establishments will be primarily engaged in the sale of alcoholic
beverages.
Additional Considerations:
The two establishments are located within a MPUD containing residential uses. The two establishments
are located approximately 260 feet away from other restaurants which are located in the same building
as the residences. In addition, the two establishments are separated from the residential building by a 3-
story retail/office building that has a building height of approximately 50 feet. The applicant has
provided a copy of an excerpt from the condominium document (attached) 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.
The two establishments will be subject to the Collier County Noise Ordinance, which was recently
amended.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for
Board action. This item is quasi-judicial and as such, requires ex patte disclosure. This item
requires a majOlity vote only. STW
RECOMMENDA TION:
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition ABW-2009-AR-
14359, 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
Page 2 of2
Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item No, 17C
May 26, 2009
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
He
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. ABW-2oo9-AR-14359 The Mercato, LLP, represented by D. Wayne
Arnold of Q Grady Minor & Associates, P.A., requesting a waiver pursuant to Section
5.0501 A.6. of the LDC to reduce the separation of 500 feet between establishments selling
alcoholic beverages for on-premise consumption to 25.6 feet The subject property is located
at Unit 6160, Mercato MPUD, Section 34, Township 48 South, Range 25 East, Collier
County, Florida.
5126/20099:0000 AM
Prepared By
Nancy Gundlach
Community Deveiopment &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
4/30/2009 5:15:29 PM
Appro\'ed By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/1/200911 :24 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
5/4/20099:07 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Attorney's Office
Date
514/2009 12:02 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/4/20093:35 PM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/5/20093:32 PM
Approved By
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmenta! Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/12/200911:09 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5/12/20093:20 PM
Apprond By
tv~ajk Isackson
8udget Analyst
Date
file:llr:\Apeml~Test\Fxnmt\ 1 iO-M~v%)07h%)0700q\ 17 %)OS1 lMM A RY%)OAnFNnA \
"/701700q
County r{;ana;ze~'s Office
C\fn'~e of rllan2gement &. Budget
5,<4/2009 P:41 ~fJi
Page 2 of 2
item r~o, i 7e
26, 2009
?age 4 of 23
Approved By
Leo E Ochs, Jr.
Board of County
Commissioners
Deputy County r!lani'~cr
Date
County Manager's Office
5/1612009 11 :44 AM
file:I/(':\A~Yellci,8Test\Exllort\ 110-M:'l\%70)() %70)009\ 1 7%,70~1IMM A R Y%)D AGENDA \
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GULF
OF
MEXICO
Mercto MPUD
.t\ge;ida it~;nl ~'Jo. 17 C
f""ay 26, 2009
F'age 6 of ::.'3
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXHIBIT A
Agenda Item No, 17C
May 26, 2009
2800 NORTH HORSESHOE DRite 7 of 23
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6968
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
~
AFW AR NUMBER
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
COORDINATING PLANNER
ABW-2009-AR-14359 REV: 1
[THE MERCA TO
PROJECT: 2005040016
Date: 3/31/09 DUE: 4/14/09
]
.. . .. ".
....,... ....,..'......-..0'.........-.-..
'APpDlcA ....
PETITIONER: Mercato LLP
FIRM: Mercato LLP
ADDRESS: 4200 Gulfshore Boulevard City Naples State FL Zip 34103
PHONE # 261-6100 CELL # FAX # 262-6315
E-MAIL ADDRESS:dougall@lutgert.com
AGENT: D. Wayne Arnold, AICP
FIRM: Q. Grady Minor and Associates, P.A.
ADDRESS: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134
PHONE #: 947-1144 CELL #: FAX #: 947-0375
E-MAIL ADDRESS:warnold@gradyminor.com
Please be aware that Collier County has lobbyist regulations. Guide yourself
accordingly and ensure that you are in compliance with these regulations.
PAGE 1 of5
{,genda item t'Jo, 17C
May 26, 2009
Page 8 of 23
SITE ADDRESS Unit 6160, Mercato MPUD
SECTIONfTOWNSHIP/RANGE: 34/48S/25E
CURRENT ZONING OF PROPERTY Mercato MPUD
PROPERTY I.D. # 00176760009
SUBDIVISION NAME: UNIT BLOCK LOT
METES & BOUNDS DESCRIPTION:
ADJACENT'
ZONING
LAND USE
N PUD
Retail Shopping Center and Residential
SPUD
Restaurant, Retail Shopping Center
E PUD
Parking Garage
W PUD
Retail Shopping Center
WAIVER REQtJEST DETAIL
What is the extent of the waiver being requested (in linear feet) from the required SOQ-foot
separation between the subject property and the school, child care center, public library,
church, Rubiic park or playground? (NOTE: This distance is measured as the shortest
distance between the tot 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 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.
Describe all proposed uses for the subject site/structure Le., restaurant, nightclub, office,
storage, outdoor activities, etc. Provide total square footage of subject structure, and
square footage dedicated to each proposed use. Indicate proposed hours of operation.
Will there be entertainment, i,e" band, D.J., video games, pool tables, etc.?
The subject location is an approximately 2,500 square foot tenant space located
at The Mercato, and is located approximately twenty-five feet from the existing
PAGE 2 of 5
~
Agenda Item No. 17C
rv'lay 26, 2009
Blue Martini restaurant and lounge. The Mercato is a mixed use lifestyle iYJ:Je' 9 of 23
shopping center which blends retail, office and residential uses in a planned
environment.
The subject tenant space is located near the western portion of The Mercato
project and is not on the main street side of the project. This tenant space is not
adjacent to the residential component of the project, and is isolated from the
residential area by a tier of retail/office buildings, minimizing any potential
impact to the residential properties. The developer of Mercato has strategically
located the existing Blue Martini restaurant and lounge in this portion of The
Mercato for this very reason. Locating a second similar business in close
proximity would help create a synergy of activity within this portion of the project
without creating any issues of internal or external compatibility.
The prospective tenant is Cigar Bar, which sells both food and alcoholic
beverages. There is the potential for live or recorded entertainment; however,
this aspect of the business operation will be subject to the Collier County Noise
Ordinance, which was recently amended.
Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals
determination, are based on the following criteria as provided by Coilier County Land
Development Code Section 5.05.01.A.6. Please respond to the below listed criteria to the
extent you wish, attach additional pages if necessary.
1. The nature and type of natural or man-made boundary, structure or other feature
lying between the proposed establishment and an existing school, church, child
care center, public library, church, public park or playground which is determined by
the Board of Zoning Appeals to lessen the need for the total SOD-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.
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.
The tenant space is isolated from the residential component of the project by its
location behind a three story retail/office building (approximately 50' tall). The
Cigar Bar will be approximately 260' from the nearest residential unit within The
Mercato. Other restaurants with outdoor dining and entertainment will be
located in closer proximity to the residential component of the project than the
proposed Cigar Bar, some within the same building as the residential units.
Sales contracts for the residential dwellings include full disclosures concerning
PAGE 3 of 5
,L,genda itet;j No, 17C
May 26. 2009
the proximity of the dwelling units to retail and restaurant uses. PCThb'J of 23
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 doc
excerpt).
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
l'on..I::atinnc::
. -::1--_.'-- .-.
4. Whether the primary use is the sale of alcoholic beverages (Le., bar, nightclub, and
cocktail lounge); or, whether the sale will be accessory to the sale of food (Le.,
restaurant).
The primary use of the tenant space is a smoker-friendly lounge which will
feature tobacco, food and alcoholic beverage sales. It is not anticipated that the
prospective Cigar Bar will generate more than 51 % of as revenue from food
sales. The Cigar Bar is located in a convenient, yet isolated area within the
Mercato project. It is located within one block of the movie theater and
numerous restaurants also located within the Mercato, offering another dining
and entertainment option for visitors to the Mercato.
PAGE 4 of 5
,l'\genda Item No, 17C
May 26, 2009
Page 11 of 23
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 14 [gJ
Surveyor boundary sketch, to scale 14 fX]
Reduced copies of surveyor boundary sketch, 8 %" X 11" 14 [gJ
Electronic copy of all documents and plans 1 ~ 0
Copy of Addressing Checklist approved by the 1 1ZI 0
Addressino Dept.
Owner/Agent Affidavits, signed & notarized 1 IZJ
Fee: $1,000.00 Review Fee
$500.00 Estimated Legal Advertising Fee
Check shall be made payable to: Board of County Commissioners
Other
Other
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Appttc;cIfff7Agent Signature
!J. rJI,Oq
Date
PAGE 5 of 5
.4genda item No, 17e
fAay 26.. 2009
?a;:;e 12 of 23
AFFIDA vir
Well, Mercato LLP being first duly sworn, depose and say that we/I am/are the owners of
the property described herein and which is the subject matter of the proposed hearing; that
a/l the answers to the questions in this application, including the disclosure of interest
information, a/l 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. Well
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.
r e/I further authorize Q. Gradv Minor and Associates, P.A. to act as
lve in any matters regarding this Petition.
Signature of Property Owner
~J&.~
Typed or Printed Name of Owner
Typed or Printed Name of Owner
.:4 foregoing instrument was acknowledged before me this Mtlv day of
MfG'" , 20~, by -1iaWM'l B.:4~1W\ who is personallv known to me
or h'as produced as identification.
State of Florida
County of Collier
ublic - State of Florida)
AA~~ ~~
(Print, Type, or Stamp Commissioned Name
of Notary Public)
OFFICIAL NOTARY SEAL
MELISSA PROCTOR
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO, 00784135
MY COMMISSION EXP. April 30. 2012
PAGE 5 of5
ABW 2009_AR-1435genCRIEVt f10,I/C
- . May 26, 2009
THE MERCA TO Page 13 of 23
PROJECT: 2005040016
Date: 3/31/09 DUE: 4/14/09
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building (including awnings, signs, stonn 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 pennitted 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 ofany .surface coating which the
Owner shall apply to a terrace, and the Owner may only apply surface coatings andlor 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 ofa 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
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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 n D of Exhibit 7,
13
2,10970 1 1:11 B/?006
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Mercta MPUD
,A,genda Item I\Jo, 17C
May 26, 2009
P2ge 14 of 23
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
BUILDING 14
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ABW-2009-AR-14359 REV: 1
THE MERCA TO
PROJECT: 2005040016
Date: 3/31/09 DUE: 4/14/09
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MERCATO MPUD
_ _ __ __hgendaHem-No,i7C
;~;~;009-AR-14359 ~~a~w~~~
THE MERCA TO
PROJECT: 2005040016
Date: 3131/09 DUE: 4114/09
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, TAMIAMITRAILNORTH;
THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX (6)
DESCRIBED COURSES:
1) NORTH 89020'48" EAST 204.55 FEET;
2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE
SOUTHERLY HA VlNG A RADIUS OF 826.09 FEET THROUGH A CENTRAL
ANGLE OF 42040'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 69019'10" EAST 601.07 FEET;
3) SOUTH 47059'08" EAST 100.03 FEET;
4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCA VB NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THOUGH A
CENTRAL ANGLE OF 29059'57" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 62059'07" EAST 414.10 FEET;
5) SOum: 77059'05" 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 94059'52" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 30029'09" EAST 582.44 FEET TO TIlE BOUNDARY OF
PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5", AS RECORDED IN
PLAT BOOK 23, PAGES 40-47, PUBLIC RECORDS OF COLLIER COUN1Y,
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 CONCA VE EASTERLY HA VINO A RADIUS OF 130.00
FEET THROUGH A CENTRAL ANGLE OF 16034'19" AND BEING SUBTENDED BY A
CHORD WHICH BEARS SOUTH 08043'37" 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 89033'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF
PELICi~~?\l' rvrA..~SH Ul'HT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88-89,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
W -07 -oD82G.DESIPN04-0047
L\Qenda Item No 17C
~ May 26, 2009
P2;)e '18 of 23
THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH
00003'39" 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 SUBT~"'DED BY A CHORD WHICH BEARS SOUTH 83050'08" 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 00012'26" AND BEGIN
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83001'55" 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 TIIROUGH A CENTRAL ANGLE OF 00037' 18" AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83032'47" WEST 74.44 FEET;
THENCE LEAVING SAID PROPOSED RIGHT -OF- WAY Al"ID ALONG TIlE BOUNDARY
OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF
COLLIER COU1\llY, FLORIDA, AND ALONG A NON-TANGE1~lIAL LINE ~ORTH
00039'03" WEST 254.6] FEET;
THENCE ALONG THE BOUNDARY OF LAt-I"'DS DESCRIBED IN O.R. BOOK 680, PAGE
782, NORTH 48"22'47" WEST 297.34 fEET;
THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89020'57" WEST 420.00 FEET
TO A POINT ON TIlE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637,
PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD;
THENCE ALONG SAID BOUNDARY NORTH 00039'03" WEST 200.80 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89020'57" WEST 80.00 FEET
TO A POINT ON THE EASTERLY RIGHT-Of-WAY OF SAID U.S. 41;
THENCE ALONG SAID RIGHT~OF-WAY LINE NORTH 00039'30" WEST ]291.06 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 49.72 ACRES MORE OR LESS;
AND
A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88
THROUGH 89, COLLIER COUNTY, FLORIDA;
ALL THAT PART OF PELlCAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22,
PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MOFF PART!ClTLA_RLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT
FIVE;
2
W -07 -0082G,DES/PN04-0047
Agenda Item r~o, 17C
May 26, 2009
Page 19 of 23
THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH
89033'32" 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 00000'00" EAST 481,17 FEET TO A POINT ON THE
NORTH LINE OF TRACT "B" (V ANDERBIL T BEACH ROAD) ACCORDING TO THE
PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89,
PUBLIC RECORDS OF COLLIER COu"NTY, 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 07013'26" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 88015' 16" WEST 306.17 FEET TO A POINT ON THE
BOUNDARY OF SAID PELICAN MARSH UNIT FNE;
THENCE ALONG SAID LINE NORTH 00003 '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 89033'32" EAST;
SUBJECT TO EASEMENTS AND RESTRlCfIONS OF RECORD;
BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990
ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00039'20" EAST.
3
W -D7-0082G.DES/PN04-004 7
!\c!enda item f\lo, 17e
~ May 26, 2009
Page 20 of 23
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING A..PPEALS OF
COLLIER COUNTY, FLORIDA, RELA TING TO PETITION
NUMBER ABW-2009-AR-14359, GRANTING A WAIVER
PURSUANT TO SECTION 5.05.01.A.6 OF THE LAND
DEVELOPMENT CODE, CONCERNING AN ESTABLISHMENT
WHOSE PRIMARY FUNCTION IS THE SALE OF ALCOHOL
FOR ON-SITE CONSUMPTION HAVING A MINIMUM
SEPARATION DISTANCE OF 500 FEET FROM ANOTHER SUCH
ESTABLISHME1\TT, WHICH IS LOCATED AT UNIT 6160 n~ 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 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
\\lHEREAS, The :Mercato, LLP desires to establish a business whose primary function
will be the sale of alcohol for on-site consumption to be located upon Unit 6160 of the Mercato
Mixed-Use Planned Unit Development (MPUD) that would be located within 500 feet of an
existing business whose primary purpose is the sale of alcohol; and
WHEREAS, The Mercato, LLP seeks a waiver permitting a separation distance of 25.6
feet between two establishments whose primary function is the sale of alcohol for on-site
consumption, "'',lith neither establish.L~ent deriving 51 percent of their grosS reve:nue from the sale
of food or non-alcoholic beverages.
Page I
.Agenda Item No, 17C
May 26, 2009
Page 21 of 23
VfHEREAS, 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
VfHEREAS, 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 ~ 5.05.01.A.6. and approves the separation distance of 25.6 feet between establishments
whose primary function is serving alcohol for on-site consumption, as depicted in Exhibit A, as
requested in Petition ABW-2009-AR-14359, filed by D. Wayne Arnold, on behalf of the
Petitioner, The Mercato, LLP, concerning the subject property described as Unit 6160, Mercato
MPUD, in Section 34, Township 48 South, Range 25 East, Collier County, Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ABW-
2009-AR-14359 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chairman
Page 2
A;Jenda item r'~o, 1 i'e
f\1ay 26, 2009
Poge 22 of 23
Approved as to fonn
and legal sufficiency:
STEVEN T. WILLIAMS
, C ^ ~~...D~
Asslstant ounty l'"\.ttomey , ,
EXHIBIT "A": Separation Exhibit
Page 3
Mercto MPUD
I\genda Item No, 17C
May 26, 2009
Page 23 of 23
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXHIBIT A