HEX Final Decision #2025-04HEX NO. 2025-04
HEARING EXAMINER DECISION
DATE OF HEARING.
February 13I 2025
PETITION.
Petition No. ABW-PL20240013533 -Beeline at the Mercato-9131 Strada PL- The applicant
requests that the Hearing Examiner consider a waiver pursuant to Section 5.05.0I.A.6. of the
Land Development Code concerning an establishment named Beeline at the Mercato that
sells alcohol for on -site consumption and derives less than fifty-one percent of its sales from
food items and has a minimum separation distance of less than 500 feet from other such
establishments.
GENERAL PURPOSE FOR THE PETITION.
The applicant is requesting the Hearing Examiner to consider a waiver pursuant to Section
5.05.0l.A.6. of the Land Development Code (LDC) concerning an establishment named Beeline
at the Mercato that sells alcohol for on -site consumption and derives less than fifty-one percent of
its sales from food items and has a minimum separation distance of less than 500 feet from other
such establishments. LDC Section 5.05.0l.A.2 states "No such use shall be located within 500
feet of any existing establishment whose primary function is the sale of alcoholic beverages for
consumption on -site. The distance of 500 feet shall be 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."
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code,
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
Page 1 of 4
4. The public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were several public speakers
from the multi -family / mixed -use building at the Mercato where the Beeline at the Mercato is
proposed, including the unit owner directly above the Beeline space. The public objection
focused on existing noise from other restaurants and bars, and how to manage additional noise
generated by the proposed Beeline bar.
5. The County's Land Development Code Section S.OS.O1.A.6 lists the criteria for the waiver of
part or all the minimum distance requirements at a proposed site, the Hearing Examiner shall
base a decision on the following factors.I
FACTOR (a): The nature and natural or manmade boundary, structure, or other
feature lying between the proposed establishment and an existing school, childcare
center, public library, church, public park, or public playground, which is determined
by the BZA/Hearing Examiner to lessen the need for the total 500400t 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.
The record evidence and testimony from the public hear•irzg reflects that this cr°iter°ion is not
applicable because there is no existing school, childcare center, public library, church, public
park, or public playground within 500 feet of the proposed establishment. Petitioner's bar is
proposed within the existing mixed use Mercato development which includes residential,
commercial (including bars and restaurants), and recreational uses.
FACTOR (b): The paths of vehicular and pedestrian traffic that could be taken between
the alcoholic beverage establishment and the school, childcare center, public library,
church, public park, or public playground.
The record evidence and testimony from the public hearing reflects that this criterion is not
applicable because there is no existingschool, childcare center, public library, church, public
park, or public playground within 500 feet of the proposed establishment. Petitioner's bar is
proposed within the existing mixed use Mercato development which includes residential,
commercial (including bars and restaurants), and recreational uses.
FACTOR (c): The hours of operation and the noise and light that could potentially be
generated from the premises selling alcoholic beverages.
The record evidence and testimony from the public hearing reflects that as stated in the
application, the hours of operation are anticipated to be noon to 2.N30 a.m. daily. Petitioner's
bar is proposed ivithin the existing mixed use Mercato development which includes
residential, commercial (including bars and restaurants), and recreational uses.
1 The Hearing Examiner's findings are italicized.
Page 2 of 4
FACTOR (d): The Administrative Code shall establish the submittal requirements and
procedures for the waiver of distance requirements.
The f°ecord evidence and testimony from the public hearing reflects that County Staff has
confirmed that all submittal requirements show compliance with the waiver distance
requirements. Petitioner's bar is proposed within the existing mixed use Mercato
development which includes 14esidential, commercial (including bars and restaurants), and
recreational uses.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 5.05.01.A.6.
of the LDC to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number ABW-PL20240013533, filed by
Margaret Emblidge, AICP of LJA Engineering, Inc., representing the applicant Ben Klopp of 4EG
Mercato, LLC, with respect to the property described as located at 9131 Strada Place, Unit 5155,
in the Mercato Mixed -Use Planned Unit Development (MPUD) in Section 34, Township 48 South,
Range 25 East, Collier County, Florida, for the following:
• A waiver pursuant to Section S.OS.O1.A.6. of the LDC concerning an establishment named
Beeline at the Mercato that sells alcohol for on -site consumption and derives less than fifty-
one percent of its sales from food items and has a minimum separation distance of less than
500 feet from other such establishments.
Said changes are fully described in the Separation Exhibit attached as Exhibit "A" and are subject
to the conditions) set forth below.
ATTACHMENTS.
Exhibit A —Separation Exhibit
LEGAL DESCRIPTION.
The subject property is located at 9131 Strada Place, Unit 5155, in the Mercato Mixed -Use Planned
Unit Development (MPUD) in Section 34, Township 48 South, Range 25 East, Collier County,
Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
Page 3 of 4
2. The Petitioner's sound system shall be installed by a professional sound engineer to ensure
that amplified noise remains onsite to the greatest extent possible.
3. The amplified speakers are limited to indoors.
4. No amplified speakers will be attached directly to the ceiling abutting the floor of the
abutting residence(s) and Petitioner shall ensure that its ceiling treatment will work to avoid
noise and noise vibration intrusion into the abutting residence(s).
5. The amplified sound system volume shall be controlled only by the manager of the
proposed bar.
6. Other than for installation, repair, or testing, no amplified music shall be permitted outside
of the stated business hours of operation.
7. Management of the proposed bar shall provide the owner of the abutting residence and the
HOA president a working cell phone number to reach the business at to foster cooperation
and to avoid code enforcement complaints.
8. The approval of this Variance is for this Petitioner only.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
Falls to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
February 28, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
«A»
G�
d
Q
E
°>
?
mn
m
t`S
o�
,n O
�+ a
a, E
c :3
vi
c
m 0
� U
a+ n E
v � a
� aEi c
•' L O
m �
O v o
c a w
m ai
m o0
f0a a
cc
u
E o
r
O O
r`- u
�a
3
m
X
w