Agenda 06/14/2011 Item #17B
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6/14/2011 Item 17.8.
EXECUTIVE SUMMARY
ABW-PL2011-0568, the Mercato, LLP, Silver Spot Theatre and Silver Spot
Comedy/Theatre, a Resolution of the Board of Zoning Appeals of Collier County, Florida,
relating to Petition Number ABW-PL2011-0568, granting a waiver pursuant to Section
5.0S.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.
OBJECTIVE:
The applicant is requesting a waiver of 460::1: feet from the 500-foot separation requirement
between two establishments selling alcoholic beverages for on-premises consumption, to allow
two estaqlislunents to be separated by 40::1: feet.
CONSIDERA TIONS:
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 2.6.10.3 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 SOO-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 establishments selling alcoholic
beverages and deriving less than 51 percent of their sales from food items. The subject Silver
Spot Theatre and Silver Spot Comedy/Theatre, which includes a movie theatre and a proposed
comedy/theatre are located approximately 44 feet from each other. Furthermore, the subject
properties are located approximately 195 feet from the Blue Martini and Cigar Bar
establishments in the Mercato MPUD (mixed use planned unit development). The properties are
not located near an existing school, child care center, public library, park or public playground.
See Attac1m1ent A: Location Map and Attachment B: Separation Exhibit on proceeding pages.
ABW-2011-0568, Silver Spot Theatre
May 16, 2011
Page 1 of3
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6/14/2011 Item 17.8.
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 subject Silver Spot Theatre and Silver Spot Comedyrrheatre are separated from each other
by an approximately 40-foot wide corridor. The subject theatres have various pedestrian and
vehicular opportunities to access the Blue Martini and Cigar Bar establisrnnents. Sidewalks and
an interconnected network of driveways serve the entire Mercato PUD, linking the subject sites
to North Tamiami Trail (US 41) and Vanderbilt Beach Road. The shortest path is for pedestrian
traffic between the two theatre establishments, which is 44:1: feet and then approximately 682:1:
feet to the Cigar Bar and Blue Martini. There are no churches, schools or playgrounds in the
path between the buildings.
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. The Silver Spot Theatre and the Silver Spot Comedyrrheatre
are principally indoor uses and according to the applicant, will not generate excessive noise. See
attached Separation Exhibit, Attacrnnent B.
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 sell food and alcoholic beverages to patrons
of the entertainment venues.
Additional Considerations:
The two theatre establisrnl1ents are located on the second floor within a MPUD containing
residential uses. According to the applicant, the Silver Spot Comedy/Theatre is coo'ently a
vacant space. The vacant space is being considered for occupancy by a comedy/theatre operator
or for expansion by the Silver Spot Theatre. Both uses intend to offer alcohol for sale during
peIfonnances to their respective patrons. Approval of this waiver will pennit the tvvo non-
restaurant uses within this mixed-use project to serve alcoholic beverages in conjunction with
their primary business operation, separated by the 40-foot corridor and approximately 195 feet
(outennost wall to outermost wall) from the Cigar Bar and Blue Martini.
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.
ABW-2011-0568, Silver Spot Theatre
May 16,2011
Page 2 of3
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6/14/2011 Item 17.8.
The two establishments will be subject to the Collier County Noise Ordinance, which was
recentlyanlended.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
LEGAL CONSIDERATIONS:
This item has been reviewed by the County Attorney's Office and is legally sufficient. A
majority vote is required. - STW
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition ABW-PL2011-
0568, 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:
Application
Attachment A: Location Map
Attachment B: Separation Exhibit
Attachment C: Condominium Document page with noise warning
Resolution
ABW-2011-0568, Silver Spot Theatre
May 16, 2011
Page 3 of3
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6/14/2011 Item 17.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B.
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.
ABW-PL2011-0568, Silver Spot Theatre, a Resolution of the Board of Zoning Appeals of Collier
County, Florida, relating to Petition Number ABW-PL2011-0568, 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.
Meeting Date: 6/14/2011
Prepared By
Name: GundlachNancy
Title: Planner, Principal, Comprehensive Planning
5/16/2011 11:15:10 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 5/16/2011 3:47:48 PM
Name: BelIowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/18/2011 9:01 :18 AM
Name: LorenzWiIliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 5/18/2011 5:15:56 PM
Name: MarcelIaJeanne
Title: Executive Secretary,Transportation Plam1ing
Date: 5/20/2011 1:42:52 PM
Packet Page -2241-
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6/14/2011 Item 17.8.
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 5/24/2011 7:27:45 AM
Name: Williams Steven
Title: Assistant County Attorney,County Attorney
Date: 5/24/201110:00:53 AM
Name: K1atzkowJeff
Title: County Attorney,
Date: 5/27/2011 3:49:14 PM
NatTIe: Isackso~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 9:35:04 AM
Name: OchsLeo
Title: County Manager
Date: 6/6/2011 11:20:04 AM
Packet Page -2242-
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6/14/2011 Item 17.8.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT D1VISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
WWW.COLLlERGOV.NET
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PROJECT NUMBER (PL)
PROJECT NAME
DATE PROCESSED
[
PL-2011-0568 ]
MERCA TO LLP - SILVER SPOT THEATRE
Date: 3-25-2011
Due: 4-08-2011
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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:douQall@lutQert.com
AGENT: D. Wayne Arnold. AICP. a. Grady Minor and Associates. P.A.
ADDRESS: 3800 Via Del Rey City Bonita Sprinqs State FL Zip 34134
PHONE # 239.947.1144 CELL # FAX # 239.947.0375
E-MAIL ADDRESS:wamold@Qradyminor.com
AGENT: Brad Schiffer. Taxis Architects
ADDRESS: 520 SUQar Pine Lane City Naples State FL Zip 34108
PHONE # 239.254.0285 CELL # FAX # 239.254.0417
E-MAIL ADDRESS:
Please be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Packet Page -2243-
eomr County
6/14/2011 Item 17.8.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
WWW.COLLlERGOV.NET
. LEGAL DESC.RIPTIQN OF SUaJECT PROPERTY., .
SITE ADDRESS Unit 8205 and 8210. Mercato MPUD
SECTION/TOWNSHIP/RANGE: 34/48S/25E
CURRENT ZONING OF PROPERTY Mercato MPUD
PROPERTY!I.D.# 00176760009
SUBDIVISION NAME:
UNIT BLPCK LOT
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METES & BC;:>UNDS DESCRIPTION:
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Zoning
Land Use
Retail She ing Center and Residential
Parking Garage
Restaurant, Retail She
Retail Sho in Center
N
S
E
W
PUD
PUD
PUD
PUD
'., /:,.:.;'~:,:ii\;,:~.;~tJj.. :"r;::i';.~f;&ij;'I;~",:07:.':\l~:~=""m'.o"\VE""'R" >R"';E'-m'::fJiES~' ,.. "::;y,' ::'1)'5" T"A';"I,h';,'e,::f:. ',C, :: ',l',':, .~ ,f.:;::'.~'."\ ....0; do';". '
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What is the i extent of the waiver being requested (in linear feet) from the required 500-foot
separation b~tween 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 tojthe outer wall of the establishment.)
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The Mercatq 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 fopt separation requirement between two establi,shments serving alcoholic
beverages Which derive less than fifty-one percent of their sales from food items. The
County Conilmission previously approved an alcohol beverage waiver for the Cigar Bar
and Blue M~rtini due to their proximity to each other. Since that approval, the Silver
Spot Theat~r has opened and is located on the second floor along the primary street in
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Mercato. ifhe theater offers both food and beverages to patrons; however, it is not
anticipated that 51 % of its revenues will be deruved from food sales. The theater shares
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Co.-r County
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6/14/2011 Item 17.8.
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2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
WWW.COLLlERGOV.NET
the second floor space with one other unoccupied tenant space and is separated by a
40'+/- wide covered corridor. This vacant space is being considered for occupancy by a
comedy/theater operator, or for expansion of the Silver Spot Theater. Both uses intend to
offer alcohol for sale during performances to their respective patrons. Approval of this
waiver will permit the two non-restaurant second floor uses located within the mixed use
project to serve alcoholic beverages in conjunction with their primary business
operation, separated by the 40'+/- corridor and approximately 195' from the existing Cigar
Bar and Blue Martini.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
The .movie theater, due to the size of its tenant space, has one wall approximately 195'
from the recently approved alcohol waiver for cigar bar tenant space; however, the
theater's public entrance is well over 600' from the entrance to this previously approved
location. The nearest building wall of the unoccupied tenant space opposite the Silver
Spot Theater is located slightly more than 500' from the Cigar Bar and Blue Martini
teminct spaces.
A site plan with separation dimensions from the referenced uses has been included.
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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, Le., band, D.J., video games, pool tables, etc.?
The movie theater is located in an approximately 33,000 square foot tenant space
separated from the proposed 7,400 square foot comedy/theater, or theater expansion
tenant space by a covered corridor on the second floor of the project. The building in
which the theater and unoccupied tenant spac are located do not include any residential
units, and restaurants are located immediately below. Hours of operation have not yet
been established for these two uses. Both businesses 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 second floor adjacent to the parking
garage to the south of the main street side of the project. All uses at Mercato are subject
to the Collier County Noise Ordinance.
Staff'.~ w 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.
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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
PacketPage-2245-
CollT County
6/14/2011 Item 17.8.
COLLIER COtlJNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358
I WWW.COLLlERGOV.NET
Zoning Appeals to lessen the need for the total 500-foot distance requirement. Such
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bounaary, structure or other feature may include but not be limited to lakes, marshes,
non-~evelopable wetlands, designated preserve areas, canals and major rights- of-way.
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This Icriteria is not applicable to Mercato. No portion of Mercato is within 500 feet
of a1y school, child care center, church, public library, park or playground.
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2. The paths of vehicular and pedestrian traffic which could be taken.
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Various opportunities for pedestrian and vehicular access are available to this
tenaljlt space, which is the premise of this type of mixed use project. Sidewalks
and ~n interconnected network of driveways is in place to serve the entire Mercato
projdct, linking the site to both U.S. 41 and Vanderbilt Beach Road. Patrons will
be able to enter the second floor tenant space through the adjacent parking garage
or from the street level by elevator, stairs or escalator.
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3. The bours of operation and the noise and light which could potentially be generated from
the p~emises selling alcoholic beverages.
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No sip"ecific hours of operation have been established for these businesses. It is
antiqipated that hours of operation will be comparable to other dining
estal!>lishments located within the Mercato, and in compliance with County
regulations. Both uses are principally indoor uses and do not feature activities
that will generate excessive noise.
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Resi~ential dwellings are located in the mixed use building located on the north
side i of Strada Place. Sales contracts for the residential dwellings include full
disclosures concerning the proximity of the dwelling units to the active uses
antidipated at the Mercato. The condominium documents specifically state the
residential buyers acknowledge that they are living in an active main street
envitonment with bars, restaurants and the noises generally accompanying such
use~ (see attached condo doc excerpt).
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 offood (Le.,
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rest9urant).
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The iprimary use of these two second floor tenant spaces tenant space is not the
sale lof alcoholic beverages. Both uses will sell food and alcoholic beverages to
patrons of the entertainment venues.
Packet Page -2246-
CoBr County
6/14/2011 Item 17.8.
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION!
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
WWW.COLLlERGOV.NET
'" , ,Al.:cofiotlc WAhiER,PS.tIT10N";' ,':.. ," ,
" ;';r)",<",,)'~*,,;(i;i'Jtfj,c;:,;Jimtmf~a~~l~~~~~i~J,,~;.jd~2r,":ri "'''c
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER LISTED BELOW W/COVER SHEETS AITACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS #OF NOT
COPIES SUBMITTED REQUIRED
Completed Application 14 ~ 0
Surveyor boundary sketch, to scale 14 [2J D
Reduced copies of surveyor boundary sketch, 8 %" X 11" 14 ~ D
Electronic copy of all documents and plans 1 ~ 0
Copy of Addressing Checklist approved by the 1 ~ 0
Addressing Dept.
Owner/Agent Affidavits, signed & notarized 1 ~ 0
Fee: $1,000.00 Review Fee
$500.00 Estimated Legal Advertising Fee
Check shall be made payable to: Board of County Commissioners
Other
Other
Applicant/Agent Signature
Date
Packet Page -2247-
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6/14/2011 Item 17.8.
-;J.~~
ColI~r County
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COLLlERiCOUNTY GOVERNMENT
GROWTHI MANAGEMENT DIVISIONI
PLANNINp AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
WWW.COLLlERGOV.NET
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AFFIDA VIT
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Well, M~rcato LLP being first duly sworn, depose and say that well amlare the owners of the
property! described herein and which is the subject matter of the proposed hearing; that all the
answers! to the questions in this application, including the disclosure of interest information, all
sketche~, data, and other supplementary matter attached to and made a part of this application,
are hon~st and true to the best of our knowledge and belief. Well understand that the
informat)on requested on this application must be complete and accurate and that the content of
this for';', whether computer generated or County printed shall not be altered. Public hearings
will not ~e advertised until this application is deemed complete, and all required information has
been submitted.
As prop$rty owner We.D iI tper authorize Q. Gradv Minor and Associates. P.A. and Taxis
Architects to aC"t ,.a,$'a{f,-tJlf~fepresentative in any matters regarding this Petition.
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VII" )~/, ))Y.lf,I,'j;z...
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Signo/u~e'1Jf PropertY Owner
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Howard B. Gutman. Vice President of General Partner
Typed Of Printed Name of Owner
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The forJgOing instrument was acknowledged before me this J:S-n..., day of JA,-l'''l-v
2011, bj{ Howard B. Gutman. Vice President of General Partner who is personally known to me
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or has ptoduced as identification.
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State of 'Florida
County Of Collier
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Signature of Property Owner
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[ JlL
h~. t,
(Stgl78ture ofWorary Public - State of Florida)
OFFICIAL NOTARY SEAL
MELISSA PROCTOR
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. OD784135
MY COMMISSION EXP. April 30. 2012
1 A,!i!,(..()_ J+orJl>Y
(Print, Type, or Stamp Commissioned Name of
Notary Public)
PL-2011-0568
MERCATO LLP - SILVER 5POT THEATRE
Date: 3-25-2011
Due: 4-08-2011
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6/14/2011 Item 17.8.
STATEMENl' OF QUALIFICATION FOR FLORIDA OR FOREIGN
LIMITED LIABILITY PARTNERSWP
1. The name of the partnership as identified in the records of the Florida Department of State:
The Mercato, LLP
Insert partnership's Florida registration number: GP05CUJtX:)5Q 1
or
Attach completed Partnership Registnltion Statement and $50 filing fee.
2 SuffIX adopted for the above named partnership: LLP
('~ Limited Liability Pmnership," '"Limiald Liability Part:llmhip," "R.L.L.P.... "L.L.P.... "RLLP," or~
-:-;.~
3. ThestreetaddressofitschiefexecutiveofIice: 42.00 Gu1.f Shore :Blvd. No. l::: ~
(ifdifJ'c:nm ftoaicua'eJl1 recorded address): . Naples. FL 34103 <-\f{ ~ ~
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4. The street address of principal office in Florida:
(if'difi'=t fiom above)
5. The name and Florida street address of the partnership's agent for sexvice of process:
Antbonv .J. Cat:a.lano, Escr.. Bond. Schoeneck & Kin2. P.A.
4001 Tamiami Trail North #250
Naples , Flori~ 34103
6. This partnership hereby elects 10 be a limited liability partnership.
7. The effective date of this filing shall be:
x as of the date this document is filed with the Florida Secretary of State
or
a date later than the time of filing:
The execution of this statement as a partner constitutes an affirmation under the penalties of perjury
that the facts stated herein are true.
Signed this ;;l;t day of ~l""J . 2005. ._
1) Collier Lu gert Commercial Properties~ tLP~ By Its Partner~
Signature of TWO Partners; P~na nita Bay, Inc.
Z) CLCP~~'i Its 14anage..~ Collier Lutgert Conmercilll Propertfes~ Lt..P~ By
II... 1'.. ~~':~Ql. ~mlL6 I!G'~ ~~~;,
By: -I- =-: ; ~ ~e President
T:yped or printed names of pal1nelS signing V<>~ ,) , "" :".. - "" -vT.JJ....- .: "
2\ HnwR1"d R Cllt:!IIlIn, Vi_ P"",drl...nt
Filing Fee: $25.00
Certifted Copy: (Optional): $52.50
Certificate of Status Optional): $8.75
1NHS67(1/OO)
Packet Page -2249-
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6/14/2011 Item 17.8.
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REFERENCE
072100000032
222700
62SBA
ACCOUNT NO.
AUTHORIZATION :
! COST LIMIT :. $ PPD n
I--------------------------------~-----------------------------
LLPOS0001248-7
02124/05--01035-006 -1263.7S
,
ICUSTOMER NO:
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!CUSTOMER:
Mr. Anthony J. Catalano
Bond Schoeneck & King, P.a.'
Suite 250 ..
4001 Tamiami Trail North
i Naples, FL 34.103 0
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ANNUAL REPORT FILING
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NAME :
THE MERCA.TO I LLP
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i XX STATEMENT OF QUAL FOR LLP
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I PLEASB RETURN THE FOLLOWING AS PROOF OF FILING:
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i XX CERTIFIED COPY
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I CONTACT PERSON: Denise Mick-EXT#2950
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! EXAMINER.' S INITIALS:
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J.BRww f'E'!2t42005
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Packet Page -2250-
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6/14/2011 Item 17.8.
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Partnership Detail
Limited Liability Partnership Name
THE MERCATO, LLP
Principal Address
4200 GULF SHORE BLVD. NO.
NAPLES, FL 34103
Change Date: NONE
Filing Information
Document Number LLP050001248
FEUEIN Number 202463430
File Date 0212412005
State FL
. Total Pages 8
Pages in Original Filing 2
Florida Partners NONE
Total Partners 1
Status ACTIVE
Effective Date NONE
Expiration Date NONE
Name History NONE
Registered Agent
ZUNDEL ROBERT C JR
4001 TAMIAMI TRIAL N #250
NAPLES, FL 34103
Document Images
02124/2005 - LLP View image in PDF format
04/12/2011 - LLP Business Report View image in PDF format
05/04/2010 - LLP Business Report VIeW image in PDF format
04/21/2009 - LLP Business Report VIeW image in PDF format
05/01/2008 - UNIFORM BUS REP VIeW image in PDF format
05/03/2007 - UNIFORM BUS REP . VieW image in PDF format
04/27/2006 UNIFORM BUS REP VIeW image in PDF format
. Note: This is not official record. See documents if question or conflict.
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6/14/2011 Item 17.8.
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6/14/2011 Item 17.8.
MERCATO MPUD
PL-2011-0S68
MERCATO LLP - SILVER SPOT THEATRE
Date: 3-25-2011
Due: 4-08-2011
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 89020'48" EAST 204.55 FEET;
2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VB
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 SOUIH 62059'07" EAST 414.10 FEET;
5) SOUTH 77059'05" EAST 144.30 FEET;
6) SOUTHEASTERLY 654.92 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCA VB SOUTHWESTERLY HAVING A RADIUS OF 395.00 FEET TIIROUGH
A CENTRAL ANGLE OF 94059'52" 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 WIDCH 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 COUNIT , FLORIDA;
THENCE NORTH 89033'32" 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;
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6/14/2011 Item 17.8.
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THENC~ 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 RlGHT-OF-W A Y WESTERLY 68.46 FEET ALONG
THE AItc OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHERLY
HA VINO A RADIUS OF 2430.00 FEET THROUGH A CENTRAL ANGLE OF 01036'51"
I
AND B~ING SUBTENDED 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 AtONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A
RADID$ OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00012'26" AND BEGIN
SUBTENDED BY A CHORD WHICH BEARS SOUTH 83007'55" WEST 368.67 FEET TO A
POINT 9F COMPOUND CURVATURE;
THENCp: CONTINUE ALONG SAID PROPOSED RlGHT-OF-WAYWESTERLY 74.44
FEET AiLONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A
RADID$ OF 6860.68 FEET THROUGH A CENTRAL ANGLE OF 00037'18" AND BEING
SUBTElfIDED BY A CHORD WHICH BEARS SOUTH 83032'47" WEST 74.44 FEET;
THENC~ LEAVING SAID PROPOSED RIGHT-OF-WAY AND ALONG THE BOUNDARY
OF LAl'jDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF
COLLIDR COUNTY, FLORIDA, AND ALONG A NON-TANGENTIAL LINE NORTH
00039'Or WEST 254.61 FEET;
THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680, PAGE
782, NO~TH 48022'47" WEST 297.34 FEET;
THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89020'57" WEST 420.00 FEET
TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637,
PAGE 1 ~ 61 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 PIDINT ON THE EASTERLYRlGHT -OF-WAY OF SAID U.S. 41;
I
THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00039'30" WEST 1291.06 FEET
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TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
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CONTAJINING 49.72 ACRES MORE OR LESS;
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A DES~RIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88
THROU:GH 89, COLLIER COUNTY, FLORIDA;
ALL TfIAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22,
PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS:
BEGINIinNG AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT
FIVE; i
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Packet Page -2254-
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6/14/2011 Item 17.8.
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 SOUTII 00000'00" 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 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 FIVE;
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 TIlE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE
BEING SOUTH 89033 '32" EAST; .
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990
ADnJSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00039'20" EAST.
3
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6/14/2011 Item 17.8.
Mercto MPUD
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Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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OMERCATO llP - SILVER SPOT THEATRE
ate: 3-25.2011
Due; 4-08-2011
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6/14/2011 Item 17.8. ~
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 pottable 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 ar.e 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 unusu.ally late or early hours,
unavoidably causing noise, and emitting odors associated with cooking or otber 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 maintenanc~, 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.
Pl-2011-0568
MERCATO llP - SILVER SPOT THEATRE
Date: 3-25-2011
Due: 4-08-2011
13
_ ._.3.30970.1 12/8/2006
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6/14/2011 Item 17.8.
i
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separatipn Exhibit
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Packet Page -2263-
6/14/2011 Item 17.8.
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6/14/2011 Item 17.8.
. ._ 3.30970 1 12/8/2006
buildini (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 nee~ 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 fo~ recreational purposes and may not be improved except as permitted hereby. Such areas
may no~ be used for hanging laundry and may not be enclosed, painted or the color Of appearance
; otherwi~e 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 $urface coating which the
Owner $hall 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
interfer~ with the completion of the contemplated improvements and the sale of the Units.
Develo~er may make such use of the Units and Common Elements as may facilitate such
compledon and sale, including but not limited to the maintenance of a sales office and models,
the shoiring of the property and the display of signs. This provision may not be amended
without ithe consent of Developer.
,
,
(m) Mercato Restrictions. The Condominium Property is within The Mercato, a mixed-
use pl~ed unit development in Collier County, Florida. A Declaration of Covenants,
Conditidns and Restrictions and Reservation of Easements for The Mercato (the Declaration of
I
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 Conaominium Property_
I
The uni~s in this condominium will be located above, and in close proximity to, restaurants,
bars, re~ail stores or other businesses which may operate at unusually late or early hours,
unavoiqably causing noise, and emitting odors associated with cooking or other business-
related iactivities. 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.
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15. BRIEF NARRATIVE OF EASEMENTS.
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~asements will be granted over, across and through the condominium property for access
to, ingrqss 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 or the facilities, fixtures and equipment located within the condominium, serving the
commertial 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,
an~ f~r rntry for maintenance, repair or reconstruction of any Shared Facilities or any Shared
Bulldin~ Components located upon the condominium property. The grant of easements are more
fully de1cribed in the Declaration of Covenants under paragraph II D of Exhibit 7.
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13
Attachment C
Packet Page -2264-
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6/14/2011 Item 17.8.
RESOLUTION NO. 11-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER ABW-PL2011-0568, GRANTING A WAIVER
PURSUANT TO SECTION 5.(}5.01.A.6. OF THE LAND
DEVELOPMENT CODE, CONCERNING TWO
ESTABLISHMENTS SELLING ALCOHOL FOR ON-SITE
CONSUMPTlON AND DERIVING LESS THAN FIFTY-ONE
PERCENT OF THEm SALES FROM FOOD ITEMS AND
HAVING A l\!llNIMUM SEPARATION DISTANCE OF LESS
THAN 500 FEET FROM ANOTHER SUCH ESTABLISHMENT,
WHlCH 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
WHERR..\S, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations fOT 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 vvill 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 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.
Silver Spot Theatre \ ABW-PL2011-0568
Revised 5/10/11
Page 1 of2
Packet Page -2265-
6/14/2011 Item 17.8.
1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
Of qOLLIER 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
estab~shrnents which will sell alcohol for on.site consumption and derive less than fifty-one
perce#,t of their sales from food items, and a separation distance of 195+/- feet from an existing
estab~shment whose primary function is the sale of alcohol for on-site consumption, as depicted
in E,q.,ibit A, as requested in Petition ABW-PL2011-0568 filed 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 2S East. Collier County,
Florida.
i 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
. 2011.
day of
A TrEST:
DVlIqJHT E. BROCK. CLERK
!
BOARD OF ZONlNG APPEALS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, Chairman
By:
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Apprqved as to form
and ld!!al sufficiency:
!DRAFT
;
Sleveh T. Williams
Assisi'mt County Attorney
Attac~ent: Exhibit A: Separation Exhibit
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CP\IIJCPS-OI09116
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Silver $pot Theatre \ AllW-PL2011-0568
Revisetl5/10/11
i
Page 2 of2
Packet Page -2266-
Mercto MPUD
6/14/2011 Item 17.8.
.
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXH~BIT A
Packet Page -2267-
6/14/2011 Item 17.8.
~:: Friday/M:;2or20~~~N~~;l)~yNEiw~.""""
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N01J~ OF~UBLIS:HEARING ' : : ';. '::, '.
. ,". . '\_, - '. 0, .
Notice ~s hereby given that on Tuesday, June ;4, 2011. in the Board of County 'Com'-
missioners meeting room, third floor, Collier Government Center, 3299 East' Tamia.
mi Trail, Napl!!5, FL, the Board of County Commissigoers ~BCCl as ,the ,Board of Zon-
ing Appeals,will consider the enac:tment of a County Resolution. The rneeting will
c~rT:lmenc~ at 9:00 A.~. The t!t)eofthe ~roPoSed Resolution is ~5,follo~:" ': ',:
ABW-PL-lOl1.0S6B, SILVER SPOT THEATRE, 'A RESOluTION QF:THE BOARD OF ZON-
ING, APPEALS OF COLLIER COUN1Y, FLORIDA, RELATING" TO PETITION NUMBER
,ABW.PL-2011~S68, GRANTING A WAIVER PURSUANT TO SEcr10N.5;OSj)1.A.6 OF
THE' LAND DEVELOPMENT CODE, CONCERNING ,1WO ESTA8LISHMENTS SELLING
ALCOHOL FOR ON-SITE CONSUMPTION AND DERIVING LES'S THAN FIFTY~ONE PER-
CENT OF THEIR SALES FROM FOOD ITEMS AND HAVING A MINIMUM' SEPARATION'
DISTANCE OF LESS THAN 500 FEET FROI\II' ANOTHER SUCH, ESTABLISHMENT, WHICF!
ARE LOCATED AT UNITS 8205 AND 8210 IN THE MERCATO MIXED USE PLANNED
UNIT DEVELOPMENT'IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE:2S EAST, COL-
LIER COUNTY, FLORIDA. ICOORDINATOR: NANCY GUNDLACH, AICP.. RLA, PRINO-
PAL PLANNER] , , ..
, .
A copy of the proposed Resoll!tion is on file with the Clerk to the Board and Is
availacle for inspection. All i~terestep partie,S are in,vited to attend and be heard., .',':
NOTE: All persons ~ishlng to speak .on' any agenda item .mu~t, regi~.er. ';,;..ith the-
County manager prior to presentatIon of the' agenda item to .be a,ddressec;l.
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 ~ encouraged.., .If}ecog-
nized by the Chairman, a sp'~kesperson for a grpup or ,organization may'J:.eiillotted
10minutestQ',speakonanitem'. ,', " , ' ",:,\::=:' ".
Persons wishing to have written or graphic materials included in the ao~rc( ~.genda
packets must submit said material' a minimum of 3 weeks prior to the' resp~cti\(e
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 materials used in presentations before the Board
will become 'a permanent part of the record.' .- , '.- , ,.. : ..,: ' ' ,
Any persqn ~ho decides to appeal any decision ~f the Board will'';'e~a, .a,record {)f
the' proceedings pertaining thereto and 'therefore, may oee'd to ensure ',that 'a verc
batim re~ord of the proceedings is made, which record includes the testimony and,
evidence upon which th,e appeal is based.' ' :., . ',' , ': "
If y,ou are a person with a disability who':needs any accommodation in order to p',!'r:
ticlpate in this proceeding, you are entitled, at no cost to you, to the, provision pf
certain assistance. Please contact' the, Collier County Facilit,ies Ma'nagement Depart"'
ment, located at 3335' :ramiami Trail 'East, Suit~ 101,Naples, FL 34112-5356, (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 Com.missioners Office. ':
.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER' COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
, DWIGHTE. BROCK. CLERK'
By:, Martha Vergara, Deputy perk
(SEAL) . .-' ' " ' .-
Mav 20 2011
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Packet Page -2268-