Resolution 2011-101
RESOLUTION NO. 11- 101
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER ABW-PL201l-0568, GRANTING A WAIVER
PURSUANT TO SECTION 5.05.01.A.6. OF THE LAND
DEVELOPMENT CODE, CONCERNING TWO
ESTABLISHMENTS 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 ANOTHER SUCH ESTABLISHMENT,
WHICH ARE LOCATED AT UNITS 8205 AND 8210 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 two businesses which will sell
alcohol for on-site consumption and derive less than fifty-one percent of their sales from food
items, to be located in Units 8205 and 8210 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 40+/-
feet between these two establishments, and a separation distance of 195+/- feet from an existing
establishment whose primary function is the sale of alcohol for on-site consumption, with none
of these establishments deriving at least 51 percent of their gross revenue from the sale of food
or non-alcoholic beverages; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicaple 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.
Silver Spot Theatre \ AS W-PL20 11-0568
Revised 5/1 Oil I
Page I of2
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 of 40+/- feet between the two
establishments which will sell alcohol for on-site consumption and derive less than fifty-one
percent of their sales from food items, and a separation distancc of 195 '/- fcct from an existing
establishment whose primary function is the sale of alcohol for on-site consumption, as depicted
in Exhibit A, as requested in Petition ABW-PL2011-0568 tiled by D. Wayne Arnold on behalf
of the Petitioner, The Mercato, LLP, concerning the subject property described as Units 8205
and 8210, 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 ~4--th day of
.~J_LHY: , 2011.
ATTESJt-", ~.".
DW-lG~:~~8.CK,. CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Approved as to form
and legal sufficiency:
--kt-7. ~.Q1
Steven T. Williams <",J
Assistant County AttorneY' "1/'1
Attachment: Exhibit A: Separation Exhibit
CP\ II-CPS-O 1 09116
Silver Spot Theatre \ ABW-PL20 11-0568
Revised 5/10111
Page 2 of2
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXHIBiT A
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