Backup Documents 05/26/2009 Item #17C
1 7 C ~'f
COLLIER COUNTY FLORIDA
REQUEST FOR 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.) ~
*********w***********~***w*****.****.****w**.***w**.* **********k****k*******~~**~~~******
Originating Dept/ Div: CDES./Zoninrz Person: Nancy Gundlac AI Date: ...,... (,. V)
Petition No. (If none, give brief description): ABW-2009-AR-143 59, The Mercato
Petitioner: (Name & Address): Mr. D Wayne Arnold, Q Grady Minor & Associates, PA, 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) Mercato LLP,
4200 Gulfshore Blvd, Naples, FL 34103
Hearing before BCC
BZA
Other
Requested Hearing date:
Mav 26. 2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: ABW-2009-AR-14359, The Mercato, LLP,
represented by D. Wayne Arnold of Q. Grady Minor & Associates, PA, requesting a waiver pursuant to Section 5.05.01 A,6. of
the LDC to reduce the separation of 500 feet between establishments selling alcoholic beverages for on-premise consumption to
25.6:l: feet. The subject property is located at Unit 6160, Mercato MPUD, Section 34, Township 48 South, Range 25 East, Collier
County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
PO Number 4500096189 for Account: 068779
No If Yes, what account should be charged for advertising costs:
SI'ttL
J It.a/~
Date / I
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: 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 Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***.***************.**.w***~***********.*****~*~~************..***~***.*.****.***k*******k******w***.*
FOR CLERK'S jFFICE USE ONL Y; I I
Dore "'''''v''' , 'f:L 1.-( O~ D.te of Publi, .w'ng' 51 'Ut!( di Dot' Advortis","5 \ I Ot. Cfl
17C
RESOLUTION NO. 09~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING 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
ESTABLISHMENT, WHICH IS LOCATED AT UNIT 6160 IN THE
MERCA TO 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 cOWlties 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 COW1ty, among which is the granting of waivers pursuant to Land
Development Code section 5.05.01,A.6.; and
WHEREAS, 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, with neither establishment deriving 5 I percent of their gross revenue from the sale
of food or non-alcoholic beverages.
Page 1
'17c ..~
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 9 5.05.01.A.6. and approves the separation distance of 25.6 feet between establishments
whose primary function is serving alcohol for onwsite consumption, as depicted in Exhibit A, as
requested in Petition ABWw2009-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 COlUlty, 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
17C
Approved as to form
and legal sufficiency:
STEVEN T. WILLIAMS
Assistant County Attorney ~ ~,D"
EXHmIT "Nt: Separation Exhibit
Page 3
Mercto MPUD
17C
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXHIBIT A
17C
1
Acct. #068779
April 27, 2009
Attn: Legals
Naples Daily News
1075 Central A venue
Naples, Florida 34102
Re: Resolution - ABW-2009-AR-14359: The Mercato
Dear Legals:
Please advertise the above referenced notice on Sunday, May 10, 2008,
and kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
PO #4500096189
NOTICE OF PUBLIC HEARING
17C-
Notice is hereby glven that the Board of County Commissioners as the
Board of Zoning Appeals, of Collier County will hold a public hearing
on Tuesday, May 26, 2009, in the Boardroom, 3rd Floor, Administration
Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida. The meeting will begin at 9:00 A.M. The title for
the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING 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 ESTABLISHMENT,
WHICH IS LOCATED AT UNIT 6160 IN THE MERCATO MIXED-USE PLANNED
UNIT DEVELOPMENT, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA
Petition: 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 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
NOTE: All Persons wishing to speak on any agenda item must register
with the County Administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chair, 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 material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a 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.
17C . 1
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 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-
8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
f')etl\l~!y:'~?f.eqllier
CLERK OF THE C~RCtJIT COURT
COLLIER COUNTY tOUKfJ-IOUSE
3301 TAMIAMI ~IL EAST
PO. BOX 413044
NAPLES, FLORIDA'3~101-3044
17C
Ii
t .
;J~'~;.:.~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
.',"",
April 27, 2009
Mercato LLP
4200 Gulfshore Blvd.
Naples, FL 34103
Re: ABW-2009-AR-14359: The Mercato
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, May 26, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily
News on Friday, May 10,2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
r~^'~"'--'-'.~"\
"eC>>lnty.j5f€Q Hi er
6 ,,'v... .'. .
CLERK OF THE CIRCUIT COURT
COLLIER COUNTy,J=OURTHOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 4 \3044 \\
NAPLES, FLORIDA']41 01-3044
17C
!t
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 27, 2009
Q. Grady Minor & Associates, P.A.
D. Wayne Arnold
3800 Via Del Rey
Bonita Springs, FL 34134
Re: ABW-2009-AR-14359: The Mercato
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, May 26,2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily
News on Friday, May 10, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Martha S. Vergara
17C
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, April 28, 20094:56 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT440525.txt; ABW-2009-AR-14359 - The Mercato
I..~..~~
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f::::--::l
L:::J
ATT440525.txt
(231 B)
ABW-2009-AR-143
59 - The Mercat...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
17C '
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, April 28, 20094:56 PM
To: 'Iegals@naplesnews.com'
Subject: ABW-2009-AR-14359 - The Mercato
Attachments: ABW-2009-AR-14359.doc; ABW-2009-AR-14359.doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(mgr::!:J}g,YerggJa@CQ!Heg:!eIK,<:_QOJ)
4/2812009
17C
,
Martha 5. Vergara
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, April 29, 2009 10:52 AM
Martha S. Vergara
Ad Confirmation
Attachments:
UAS14D.jpg
rl
UAS14D,jpg (76 KB)
etition: ABW-2009-AR-14359
Ad Number
Total Ad Cost
1796077
$457.46
Thank you for placing your ad.
Emely
213-6061
1
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
17C ,
-----------------+------------------------
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59574435
4500096189
2009-AR-14359NOTICE
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Chris Doyle, who on oath says that he
serves as the President and Publisher of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Afflant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier Councy, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
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 any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 05/10 OS/10
AD SPACE:
FILED ON:
162 LINE
05/11/09
- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - ~ - - - --- - - - - - - - - - - - - - - - - - - -- - --
--J
Signature of Affiant ~ _
Sworn to and Subscribed before me this /1/
/1
Personally known by me L-~/)au..J....
20 'i
day of '-I j ; CLf
Gl/)I <-- (J JAL
,I ~~,,:~(' rHANEL t fVr-ON'\>;'
..~..~\,:'f.'I, f'JI.~("'-' t...... I' h. IvU t"\LL
f.~....rti;. "~*% Commission DO 650475
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~";;\,1:-; l~~;\~" f\'.~nQ(-'~ ThnJ Troy Fain trsuranc.-e 800-385-701'::1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
17C
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
1. Judy Puig
Community Development and
Environmental Services
2.
3.
4.
*
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~.,~.. .,,'~
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5. Sue Filson, Executive Manager
Board.of ountY,Eommissioners
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Clerk of Court's Office
6, Minutes and Records
PRIMARY CONTACT INFORMATION
(The primary contact is the holde'r 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 contact staff for additional or missing
information. All original90cuments needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.) .
Name of Primary Staff Nancy Gundlach Phone Number 239-252-2484
Contact
Agenda Date Item was May 26, 2009 Agenda Item Number 17. C.
Approved by the BCC
Type of Document Resolution ()COC( -r?::>V Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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Chairman and Clerk to the Board and ossibl State Officials.)
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document or the final ne otiated contract date whichever is a licable.
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Yes N/A (Not
(Initial) A licable)
V
nb'
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
17C
MEMORANDUM
Date: May 29,2009
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-134: ABW-2009-AR-14359
Mercato, Unit 6160
Enclosed please find one copy of the document referenced above,
Agenda Item #17C, adopted by the Board of County Commissioners
on Tuesday, May 26, 2009.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
17C
RESOLUTION NO. 09- 1 34
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING 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
ESTABLISHMENT, WHICH IS LOCATED AT UNIT 6160 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 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, 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, with neither establishment deriving 51 percent of their gross revenue from the sale
of food or non-alcoholic beverages.
Page 1
17C
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 9 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 2 (P day of
VlGli
,2009.
ATTDClT' . "
~J;..':'~ U (fi-'<>.
DWIGHt E. BRp~K, Clerk
(~;;~J)~~~k
-. ,,'~t,,'.'''''''''..''''-'.,' . ' De,puty Clerk
",-", ...' CO 0tlI H_ .
J~'. ..t
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: ~ d~_
DO A FIALA, Chairman -
Page 2
Approved as to form
and legal sufficiency:
/:~C~--- 7. L~~L
STEVEN T. WILLIAMS
A. C A ~~.".D-'
SSlstant ounty ttomey ,
EXHIBIT "A": Separation Exhibit
17C
Page 3
Mercto MPUD
17C
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXHIBIT A