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Agenda 07/24/2012 Item #17E7/24/2012 Item 17.E. EXECUTIVE SUMMARY Recommendation to consider 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. OBJECTIVE: The applicant is requesting a waiver of 500± feet from the 500 -foot separation requirement between two establishments selling alcoholic beverages for on- premises consumption, to allow two establishments to be separated by 0± feet. CONSIDERATIONS: The Board of Zoning Appeals' decision to waive all or part of the distance requirement shall be based upon the following factor as established in Section 5.05.01.A.6. of the Collier County Land Development Code. 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 business. It is anticipated that the hours of operation will be similar to other dining establishments located within the Mercato development. The WineLoft of Naples is principally an indoor use and according to the applicant, will not generate excessive noise. See attached Separation Exhibit, Attachment B. Additional Considerations: The WineLoft of Naples is located in the Mercato MPUD, which is a mixed -use lifestyle environment which blends retail, office and residential uses in a planned development. The WineLoft of Naples is located in a building that does not contain any residential uses and restaurants are located immediately to the east. The WineLoft of Naples is located approximately 95 feet from the second story residential units across the street. ABW- 20120001079, Mercato — WineLoft of Naples June 26, 2012 Page 1 of 3 Packet Page -3304- 7/24/2012 Item 17.E. Other businesses in the Mercato MPUD that have been previously granted Alcohol Beverage Waivers include the Cigar Bar, Blue Martini, Prime Bar and Silver Spot Theater. All of the establishments including WineLoft of Naples are subject to the Collier County Noise Ordinance. The WineLoft of Naples is located 0 feet from the Silver Spot Theater located directly above the subject property on the second floor. Furthermore, the subject WineLoft property is located approximately 402 feet from the existing Blue Martini, 355 feet from the existing Cigar Bar and 111 feet from the proposed Prime Bar establishments in the Mercato MPUD (mixed -use planned unit development). See Attachment A: Location Map and Attachment B: Separation Exhibit on proceeding pages. The applicant has provided a copy of an excerpt from the condominium document (Attachment C) 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. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The Petitioner is requesting an Alcohol Beverage Waiver to the minimum distance between establishments whose primary function is the sale of alcoholic beverages for consumption on -site under LDC §5.05.01.A.6. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Alcohol Beverage Waiver is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied in LDC §5.05.0l.A.6. Should you consider denying the Alcohol Beverage Waiver, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Alcohol Beverage Waivers: The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500 -foot 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. [NOT APPLICABLE] ABW- 20120001079, Mercato — WineLoft of Naples June 26, 2012 Page 2 of 3 Packet Page -3305- 7/24/2012 Item 17.E. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground. [NOT APPLICABLE] c. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board approval.- HFAC RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition ABW- PL20120001079, 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 Attachments: Attachment A: Location Map Attachment B: Separation Exhibit Attachment C: Condominium Document page with noise warning Attachment D: Application Attachment E: Resolution ABW- 20120001079, Mercato — WineLoft of Naples June 26, 2012 Page 3 of 3 Packet Page -3306- COLLIER COUNTY Board of County Commissioners Item Number: 17.E. 7/24/2012 Item 17.E. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider 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. Meeting Date: 7/24/2012 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 6/21/2012 2:30:07 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/22/2012 3:53:46 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/26/2012 4:00:34 PM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 6/27/2012 9:00:33 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/28/2012 2:32:57 PM Packet Page -3307- Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 7/2/2012 10:35:02 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 7/2/2012 10:55:47 AM Name: KlatzkowJeff Title: County Attorney Date: 7/3/2012 10:22:27 AM Name: OchsLeo Title: County Manager Date: 7/10/2012 3:23:53 PM Packet Page -3308- 7/24/2012 Item 17.E. 3TI06 at lON / 7 Aff- C �a (� OtlOa NO150NIAll � � Ell � �6 1yyp4�� N3NIn NYJfLid og �� �g ! iy FA El �y _ vg ~3p NO'i1RlVO q gyre pp J o2� r 2 U qq IN <nC � C � 33�� -� One Qroa 3LL31000p 3wr 0a[ �g 6� UR�� ItSB'aJ/ OVOa yNbai-311310000 IF n m �� c YJ. �' �� bW o too s -N livaL Irv�nwvi gig Y (loeaM a> 1119a30NVA �W CULF OF MEXICO V z z O N' I IL S� z O F— U� 0 J N O N J a m Q 4t Z O H H N N m oyo S5y1 O O Y YJ 33'i ` w wHVO W W F �Vdg o F � o o oeoe o o � u. � u OVON V VN355V3 O s 4 t7 0 �5 ;;•Q `••'•'!:� iiiiiiii' i iii' ii^ i' i`: fEl: iiiiiiiii'iii`ilE`��:':�;;i;ii: m m S a � � 6 0 0 6 q /q C C O — 3 031 V0 VA l Vill — — — — — U, 'ST O ON 1 11VUL N'IVIIVVl u!F YU Q Q at lON / 7 Aff- C �a (� OtlOa NO150NIAll � � Ell � �6 1yyp4�� N3NIn NYJfLid og �� �g ! iy FA El �y _ vg ~3p NO'i1RlVO q gyre pp J o2� r 2 U qq IN <nC � C � 33�� -� One Qroa 3LL31000p 3wr 0a[ �g 6� UR�� ItSB'aJ/ OVOa yNbai-311310000 IF n m �� c YJ. �' �� bW o too s -N livaL Irv�nwvi gig Y (loeaM a> 1119a30NVA �W CULF OF MEXICO V z z O N' I IL S� z O F— U� 0 J N O N J a m Q 4t Z O H H N N m V z z O N' I IL S� z O F— U� 0 J N O N J a m Q 4t Z O H H N N m 7/24/2012 Item 17.E. Mercty MPUD Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On- premise Consumption Separation Exhibit Packet Page -3310- 7/24/2012 Item 17.E. building (including awnings, signs, storm 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 permitted 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 of any surface coating which the Owner shall apply to a terrace, and the Owner may only apply surface coatings and/or 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 of a 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) Mercato Restrictions. The Condominium Property is within The Mercato, a mixed - use planned unit development in Collier County, Florida. A Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Mercato (the Declaration of Covenants) has been filed by the Developer of The Mercato, in Official Records Book Page , Public Records of Collier County, Florida. The Declaration of Covenants encumber the Condominium Property. The units in this condominium will be located above, and in close proximity to, restaurants, bars, retail stores or other businesses which may operate at unusually late or early hours, unavoidably causing noise, and emitting odors associated with cooking or other business - related activities. No one to whom a quiet, serene residential environment is important should consider purchasing a unit in this condominium for his own use and occupancy. 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 II D of Exhibit 7. 13 � I -• -- _ 230970.112/a/2oo6 Packet Page -3311- 7/24/2012 Item 17.E. Co w County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 WWW.COLLIERGOV.NET PETITION FOR WAIVER FROM SEPARATION REQUIREMENTS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION ------ - - - - -- ------- - -- - ABW_ PL20120001079 MERG4T0 - WINELOFT OF NAPES 1 PROJECT NUMBER (PL) DATE: 5/9/12 PROJECT NAME DUE: x/24/12 DATE PROCESSED APPLICANT/OWNER INFORMATION PETITIONER: SCM I Investments LLC d /b /a The Winel-oft of Napies FIRM: C/O Hill Ward Henderson ADDRESS: 3700 Bank of America Plaza 3700 Bank of America Plaza City Tampa State FL Zip 33602 PHONE # 813.221.3900 CELL # _ FAX # 813.221.2900 E -MAIL ADDRESS: Izakarian(cD_hwhlaw.com AGENT: D. Wayne Amold, AICP Q. Grady Minor and Associates P.A. ADDRESS: 3800 Via Del Rev City Bonita Springs State FL Zip 34134 PHONE # 239.947.1144 CELL # _ FAX # 239.947.0375 E -MAIL ADDRESS: warnold(a grradyminor.com AGENT: Hill Ward Henderson Attorneys at Law ADDRESS: 3700 Bank of America Plaza City Tampa State FL Zip 33602 PHONE # 813.221.3900 CELL # — FAX # 813.221.2900 E -MAIL ADDRESS: Izakarian(Whwhlaw.com Please be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Packet Page -3312- 7/24/2012 Item 17.E. COX-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE Amwok GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 OLLIEREIMNET LEGAL DESCRIPTION OF SUBJECT PROPERTY SITE ADDRESS Unit 8145 and 8150, Mercato MPUD SECTION/TOWNSHIP/RANGE: 34148S/25 E CURRENT ZONING OF PROPERTY Mercato MPUD PROPERTY I.D. # 00176760009 SUBDIVISION NAME: UNIT _ BLOCK _ LOT METES & BOUNDS DESCRIPTION: ADJACENT ZONING & LAND USE WAIVER REQUEST DETAIL What is the extent of the waiver being requested (in linear feet) from the required 500 -foot separation between the subject property and the school, child care center, public library, church, public park or playground? (NOTE: This distance is 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.) The Mercato is a mixed use lifestyle type shopping center which blends retail, office and residential uses in a planned environment. 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. The County Commission previously approved an alcohol beverage waiver for the Cigar Bar, Blue Martini and Silver Spot Theater due to their proximity to each other. Since that approval, the WineLoft of Naples is proposing to open along the primary street in Mercato. The WineLot of Naples offers both food and beverages to patrons; however, it is not anticipated that 51% of its revenues will be derived from food sales. The WineLoft Packet Page -3313- Zoning Land Use N PUD Retail Shopping Center and Residential S PUD Parking Garage E PUD Restaurant, Retail Shopping Center W PUD Retail Shopping Center WAIVER REQUEST DETAIL What is the extent of the waiver being requested (in linear feet) from the required 500 -foot separation between the subject property and the school, child care center, public library, church, public park or playground? (NOTE: This distance is 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.) The Mercato is a mixed use lifestyle type shopping center which blends retail, office and residential uses in a planned environment. 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. The County Commission previously approved an alcohol beverage waiver for the Cigar Bar, Blue Martini and Silver Spot Theater due to their proximity to each other. Since that approval, the WineLoft of Naples is proposing to open along the primary street in Mercato. The WineLot of Naples offers both food and beverages to patrons; however, it is not anticipated that 51% of its revenues will be derived from food sales. The WineLoft Packet Page -3313- C1n��er �t-cnt COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 7/24/2012 Item 17.E. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 WWW.COLLIERGOV.NET is located adjacent to the AZN restaurant and directly under the Silver Spot Theatre. Approval of this waiver will permit the non - restaurant first floor use located within the mixed use project to serve alcoholic beverages. The proposed WineLoft is approximately 355' from the existing Cigar Bar, approximately 402' from the existing Blue Martini, approximately 111' from the proposed Prime Bar location and 0' from the Silver Spot Theatre which is located directly above on the second floor. The restaurants public entrance is well over 600' from the entrance to the previously approved Cigar Bar and Blue Martini locations and over 100' from the entrance to the Silver Spot Theatre. Describe all proposed uses for the subject site /structure i.e., 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 WineLoft of Naples is located in an approximately 3,638 square foot tenant space. The building in which the WineLoft of Naples space will be located does not include any residential units, and restaurants are located immediately to the east. Hours of operation have not yet been established for this use. The business will feature food service; however, more than 51% of the business revenues are not anticipated to be from food sales. The subject tenant spaces are located on the first floor adjacent to AZN Restaurant on the south of the main street side of the project. All uses at Mercato are subject to the Collier County Noise Ordinance. Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on the following criteria as provided by Collier 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. 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 500 -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. Packet Page -3314- COMer GOUnt 7/24/2012 Item 17.E. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 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. Patrons will be able to enter the tenant space from the street. 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 regulations. The use is principally an indoor use and does not feature activities that will generate excessive noise. Residential dwellings are located in the mixed use building located on the north side of Strada Place. Sales contracts for the residential dwellings include full disclosures concerning the proximity of the dwelling units to the active uses anticipated at the Mercato. The 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 document excerpt). 4. Whether the primary use is the sale of alcoholic beverages (i.e., bar, nightclub, and cocktail lounge); or, whether the sale will be accessory to the sale of food (i.e., restaurant). The primary use of this first floor tenant space will be for the Winel-oft, which is a wine bar, where patrons can order a variety of wines by the glass. Tapas and other food items will be served; however, revenues from food sales may not exceed 51% of the business receipts. Packet Page -3315- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CO er Count y 7/24/2012 Item 17.E. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 WWW.COLLIERGOV.NET ALCOHOLIC WAIVER PETITION (ABW) APPLICATION SUBMITTAL CHECKLIST 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 Survey or boundary sketch, to scale 14 14 Reduced copies of survey or boundary sketch, 8'/" X 11 Electronic copy of all documents and plans Copy of Addressing Checklist approved by the Addressing Dept. 14 1 1 ® El Owner /Agent Affidavits, signed & notarized 1 Fee: $1,000.00 Review Fee $500.00 Estimated Legal Advertising Fee Check shall be made payable to: Board of County Commissioners Other Other Applicant/Agent Packet Page -3316- Da e 7/24/2012 Item 17.E. ABW- PL20120001079 REV: 1 MERCATO - WINELOFT OF NAPLES MERCATO MPUD DATE: 5/9/12 DUE: 5/24/12 Aft 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, TAMIAMI TRAIL. NORTH; THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX (6) DESCRIBED COURSES: 1) NORTH 89 °20'48" EAST 204.55 FEET; 2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 826.09 FEET THROUGH A CENTRAL ANGLE OF 42 040'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69 019' 10" EAST 601.07 FEET; 3) SOUTH 47 0'59'08" EAST 100.03 FEET; 4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE 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'OT' EAST 414.10 FEET; 5) SOUTH 77 059'05" 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 94 059'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 30029'09" EAST 582.44 FEET TO THE BOUNDARY OF PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5 ", AS RECORDED IN PLAT BOOK 23, PAGES 40-47, PUBLIC RECORDS OF COLLIER COUNTY, 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 CONCAVE EASTERLY HAVING A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 16034'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 08 043'37" 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 89 033'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF PELICAN MARSH UNIT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88-89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; W- 07- Mrs.DEM04 -0047 Packet Page -3317- 7/24/2012 Item 17.E. THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH 00 003'39" 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 SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 050'08" 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 00 °12'26" AND BEGIN SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 007'55" 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 THROUGH A CENTRAL ANGLE OF 00037'18" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°32'4T' WEST 74.44 FEET; THENCE LEAVING SAID PROPOSED RIGHT -OF -WAY AND ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF COLLIER COUN'T'Y, FLORIDA, AND ALONG A NON - TANGENTIAL LINE NORTH 00 039'03" WEST 254.61 FEET; THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680, PAGE 782, NORTH 48 °22'47" WEST 297.34 FEET; THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89 °20'57" WEST 420.00 FEET TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637, PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD; THENCE ALONG SAID BOUNDARY NORTH 00 039'03" WEST 200.80 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89°20'5T' WEST 80.00 FEET TO A POINT ON THE EASTERLY RIGHT -0F -WAY OF SAID U.S. 41; THENCE ALONG SAID RIGHT -OF -WAY LINE NORTH 00 039'30" WEST 1291.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 49.72 ACRES MORE OR LESS; Iii A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, COLLIER COUNTY, FLORIDA; ALL THAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT FIVE; 2 W -07- 0082G.DES/PN04- p 7 Packet Page -3318- 7/24/2012 Item 17.E. THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH 89 033'32" 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 00 000'00" EAST 481.17 FEET TO A POINT ON THE NORTH LINE OF TRACT "B" (VANDERBILT BEACH ROAD) ACCORDING TO THE PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, 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 07 013'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 88 015'16" WEST 306.17 FEET TO A POINT ON THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE; THENCE ALONG SAID LINE NORTH 00 003'39" 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 89 033'32" EAST; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990 ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00 °39'20" EAST. W -07- 0082G.DES/PN04 -0047 3 Packet Page -3319- t i v r s g7k a +tiFP f5 AY't 1 G C � Y }.r = e nil rl �t,....svf� i � fn:� ...c,_s:'t . �e .vfi.��:: ?t �t�•kicj..'r s ow 7/24/2012 Item 17.E. Mercto MPUD Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On- premise Consumption Separation Exhibit l i ABW- PL20120001079 REV: 1 MERCATO - WINELOFT OF NAPLES DATE: 5/9/12 DUE: 5/24/12 Packet Page -3321- 7/24/2012 Item 17.E. I. building (including awnings, signs, storm 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 permitted 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 of any surface coating which the Owner shall apply to a terrace, and the Owner may only apply surface coatings and/or materials with written consent of the Association. (I) 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 of a 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) Mercato Restrictions. The Condominium Property is within The Mercato, a mixed - use planned unit development in Collier County, Florida. A Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Mercato (the Declaration of Covenants) has been filed by the Developer of The Mercato, in Official Records Book Page , Public Records of Collier County, Florida. The Declaration of Covenants encumber the Condominium Property. The units in this condominium will be located above, and in close proximity to, restaurants, bars, retail stores or other businesses which may operate at unusually late or early hours, unavoidably causing noise, and emitting odors associated with cooking or other business - related activities. No one to whom a quiet, serene residential environment is important should consider purchasing a unit in this condominium for his own use and occupancy. 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 11 D of Exhibit 7. 13 -.- - - - - - - - - - - -- - - _230970.1 1=12006 ABW- PL20120001079 REV: i MERCATO - WINELOFT OF NAPLES DATE: 5/9/12 DUE: 5/24/12 Packet Page -3322- 7/24/2012 Item 17.E. RESOLUTION NO. 12- 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 5.05.0l.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 402 feet Cigar Bar Unit 46160 355 feet Prime Bar Unit #8210 111 feet Silverspot Unit #8205 0 feet; and Mercato Wineloft\ABW- PL20120001079 1 of 3 5/29/12 Packet Page -3323- 7/24/2012 Item 17.E. 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 48205 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, A1CP 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. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and majority vote, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK ffim , Deputy Clerk Mercato WineloftlABW- PL20120001079 5/29/12 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA OE 2of3 Packet Page -3324- FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Exhibit A — Separation Exhibit Mercato Wineloft\ABW- PL20120001079 3 of 3 5/29/12 Packet Page -3325- 7/24/2012 Item 17.E. Mercto MPUD Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On- premise Consumption Separation Exhibit ABW- PL20120001079 REV:1 MERCATO - WINELOFT OF NAPLES DATE: 5/9/12 DUE; .5/24/12 Packet Page -3326- Exhibit A 7/24/2012 Item 17.E. NAPLES DAILY NEWS (( Wednesday, July 4,2012 (( 25D 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 ZoningtAppeals,- will consider the enactment of a County Resolution. The meeting will commence. at 9:00 A.M... The title.. of the proposed Resolution ,K, as „• follows:, - . ABW- PL2012006079, THE WiNELOFT OF NAPLES, A•RE50LUTION Of THE BOARD OF TONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO.PE17TION NUMBER ABW- PL2012D0D1079 GRANTING A WAIVER PURSUANT TO SECTION 5.05,D1.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 :1W 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 -6l roposed Resolutian•i's on file'.with the Clerk to the Board and is ,''available for nspeggn. 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 atlatted 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 r +ve public, hearing.. In any rase,: Written materials intended -to be considered the Board shall be submitted to 'the appropriate .bounty 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 appeat'any decision of the Board will need a record of the proceedings .pertaining thereto and therefore, -...may 'need to ensure . that e verbatim record of the proceedings is .made, which record includes the testimony and evidence upon w. hich 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 tha 'provision of certain assistance Please -!contact the Collier. County: Facilities :Management Department,. located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34.112 - 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 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY,. FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK B. Ann Jennejohn, Deputy Clerk '.. : , (SEAL) h lv 4- 2012 :r: _1e,;1943Y11 . ... Packet Page -3327-