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Backup Documents 07/24/2012 Item #17E7-24-12 ABW—PL20120001079 THE WINELOFT 17E COLLIER COUNTY FLORIDA REQ1JESTFOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc,) Originating Dept/ Div: K.�iaQiZ(MLng PCTSOTI: Nancy Gundlach, Principal Planner Date: June 29, 2012 Petition No, (if none, give brief descr ePTA)W20120001079 Of t\ho �VS Petitioner: (Name & Address): Mr. D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 Name &- Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) licaring before X13CC BZA Other Requested I learing date: Tuesday, July 24, 2012. Based on advertisement appearing 20 days belbre hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ProposcdText: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: Legally Required Does Petition Fec include advertising cost? X Yes. No. If Yes. what account should be charged for advertising costs Rcvie\vcd by: DfViSiOD 1Ndministrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or B7A: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County .Nlanager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division bead to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised L—+L-j, 17E Ann P. Jennejohn From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Tuesday, June 19, 2012 S:14 PM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Rodriguez, Wanda; Neet, Virginia; Kendall, Marcia Subject: Request for BCC Advertising for Winel-oft at the Mercato ABW Attachments: Request for BCC Advertising 6- 19- 12.pdf Good afternoon, Attached please find a "Request for Legal Advertising" to be processed for the upcoming July 24, 2012 BCC hearing. Thank you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @collierRov.net . ddI'e. I a,re- '?E!b :ic m cmis, it ,cu d., no),A v. ±E t< y l , 0 ' i l at. 3i :L,.:,,;ed i i'e bpi 7s.i to a public; x.t.t,C.1:; re� 2:ib._t, co -3 l ;,end 31gr, ix(.:3 °. .4- t.,.'d{e, 4,u r `r3 the .r ii- by ,'.; -f in 1 17E NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, July24, 2012,in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 AJM=_ The title of the proposed Resolution imaafollows: Af3W-PL20120001079, 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. [Coordinator NanuyGund|aoh. A(CP, RLA, Principal Planner] Acopy of the proposed Resolution is on file with the Clerk bzthe Board and is available for inspection. All interested parties are invited tu attend and beheard. NOTEi All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item 0z be addressed. Individual speakers will be limited to 5 minutes on any item The selection of any individual to speak on behalf nfan organization or group is encouraged, if recognized by the Chmirman, u spokesperson for a group or organization may be allotted 1O minutes hz speak ooanitem, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of3 weeks prior to the respective public hearing. |n any case, written materials intended b/ba 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 person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal iebased. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, atno cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located a\3335Temiami Trail East, Suite 1O1. Naples, Fl- 34112-535G.(23Q)252-8380.atleast two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED VV.CDYLE.CHAIRMAN DWIGHT E.BROCK.CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) 17E RESOLUTION NO. 12- A RESOLUTION OF THE BOA.I-'.D OF ZONING APPEALS OF COLLIER COUNTY, FI.,ORIDA RELATING TO PETITION NUMBER ABW-PI,20120001079 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 M MIMUTIM 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, TOIN'INSITIP 48 SO[JTH, 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 201.1 -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 lnvestments [,,I-,C d/b/aThe 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 8 150 of the Mercato MPUD that would be located within 500 feet of existing businesses whose primary pu-q.)o,.,,e is the sale of alcohol.- and WHEREAS, SCIM I Investments LLC d/b/a The Wineloft of Naples seeks a waiver permitting a separation distaince from other establishments whose primary function is the sale of alcohol for on-site consumption with none of these establishments deriving at least fifIV-011C percent of their gross revenue frorn the sale of food or non-alcoholic beverages as follov,,,s: Blue Martini 1, 1 nit #12105 Cigar Bar Unit 461.60 Prime Bar I in it #8210 Silverspot [Init 48205 Mercato Wine loft\ABW-PL20l20001079 I of 3 5/29/12 402 feet 355 feet 111 feet 0 feet, and 17E 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 APPF'A1,S OF COLLfER COUNTY, FLOIUDA that: The Board hereby approves a waiver pursuant to LDC Section '5.05.01.A.6. and approves the separation distance frarri other establishments which will sell alcohol for on-site consumption and derive legs than fifty-one percent of their sales from food items as follows: Blue Martini Unit #12105 40" feet Cigar Bar Unit #6160 355 feet Prime Bar Unit #8210 111 feet Silverspot Unit 98205 0 feet and as depicted in Exhibit "A", attached hereto and incorporated herein by reference as reqLICSI.Cd in Petition ABW-PI...2'0120001079 filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. on behalf of the Petitioner, SCM I Investments LLC ctlb/a as The Wi.neloft of ' aples, concerning the subject property described as Units 8145 and 8150, Mereato TMPUD in Section 34, Township 48 South, Range 25 East, Collier County, Florida. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the ininutes of this This Resolution adopted after motion, second, and majority vote, this day of ,2012. ATTEST: DWIGI-I'll I E. BROCK, CLERK BY: I Deputy Clerk BOARD 0FZONfNG APPEALS COLLIER COUNTY, FLORIDA BY: Nlercato WineloffiABW-Pt.20120001 019 2 of 3 5/29/12 FRED W. COYLE, Chairman Approved as to form and legal sufficiency: r . ..... ..... "Alm .Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — Separation E.Xhibit CP\12-CPS-001 168C, Morcato Wincloft'\ABW-Ill..20120001079 3 of 3 5/29/12 Mercto MPUD Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit A8W- PL201200o1079 RF'V- I MERCATO -WIN ELOFT OF NAPLES DATE: 5/9/12 DUE: 5/24/12 Exhibit A .1 ont�ollier 17E CLERK OF THE CJRCI IT COURT Dwight E. Brock COLLIER COUNTYFOUR POUSE g 3301 TAMIAMI IL EAST Clerk of Courts Clerk of Courts P.O. BOX 41,3044 Accountant NAPLES, FLORIDA` 4101 -344 Auditor }� Custodian of County Funds June 20, 2012 Q. Grady Minor & Associates, P.A. D. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34134 Re: ABW- 20120001079: The Wineloft of Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, July 24, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '1') O.0 . Ann Jerm Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com 17E Acct. #068779 June 20, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, FL 34110 Re: ABW- PL20120001079 The Wineloft of Naples Dear Legals: Please advertise the above referenced notice Wednesday, July 4, 2012, and send the Affidavit of Publication, in DUPLICATE, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk PO #4500131207 17E 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 Zoning Appeals, will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: ABW- PL20120001079, 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 5.05.0l.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. [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. 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 allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17E If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 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 Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, June 20, 2012 1:06 PM To: Naples Daily News Legals Subject: ABW- PL20120001079 Attachments: ABW- PL20120001079.doc; ABW- PL20120001079.doc Hi there, Please advertise the attached on Wednesday, July 4, 2012. Thank you O Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 1 17E 17E Ann P. Jennejohn From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Wednesday, June 20, 2012 1:06 PM Subject: Relayed: ABW- PL20120001079 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals @naplesnews.com> Subject: ABW- PL20120001079 Ann P. Jenne'ohn 17E From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, June 20, 2012 2:24 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS746 jpg Please provide approval A5AP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/20/12 Publication NDN Account Number 744102 Ad Number 1953711 Total Ad Cost $274.86 1 NOTICE O+ PUBLIC HEARING nO CONSIDER A RESOLUTION Notice is heteby given that on Tuesday, July 24, 2012, in Ithe Board of County Commissioners Meeting Room, Third'Floor, Collier Government Center, 3299 Tandami Tt ail East, Naples FL, the Board of Counry 'Commissioners (BCC) as the 13oard of Zoning Appeals, will consider the enactrinent of, a County Resolution. The meeting will commence at 9:00, A,M, The title of the proposed Re%olution is as fol lows: AGW-PL20120001079, THE WINELOFTI OF NAPLES, A RESOLUTION OF THE BOARD Of ZONIN(.-j APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER ABW-PL20120001079 GRANITING.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-ONL PERCEN'T 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 50UTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: NANCY GUNDLACH,AICP, RLA, PRINCIPAL PLANNER] A copy of d arid is All NOTE, All persons wishing to speak on any agenda Itern must register vvith the County rnanager prior to presentation of Ifie agenda item to be addressed. individual speakerswill 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 allotted 10 minutes to speak on an item. Persons wishing to have written or grapfiiA: materials included iri the Board agenda packets must subrfirt said material a minimum of 3 weeks prior to the respective public hearing In any case, writton materials intended to be considered by the Board shall be submitted tothe appropriate County staff a minirvium, 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 ap eal any decision of the Board will need a record of th,e proceedings pertaining Tplereto arid Therefore, may need to ensure that a verbatim record of the rraceedings is made, which record includes the testimony and evidence upon which the appeal is I if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Departmerit, located at 3335 Tarniarni Trail East, Suite 101, Naples, FL 34112-53 356, (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 Off ice. BOARD OF COUNTY RS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FREE) \mcOYLE, CHAIRMAN iT E, BROCK, CLERK Clerk No. 1953111 17E 17E Ann P. Jennejohn From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Wednesday, June 20, 2012 IS9 PM To: Ann P. Jennejohn Subject: RE: Ad Confirmation Hi Ann, The ad looks good. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 - - - -- Original Message---- - From: Ann P. Jennejohn fmai Ito: Ann .Jenne_john @coIIierclerk.coml Sent: Wednesday, June 20, 2012 3:48 PM To: GundlachNancy Cc: NeetVirginia; RodriguezWanda Subject: FW: Ad Confirmation Hi there, Attached is the legal ad for ABW- PL20120001079, The Wineloft of Naples for the July 24 Board Meeting. Please look it over and send me an O.K. if you approve. Thank you. Ann - - - -- Original Message---- - From: Green, Amy fmai Ito: AGreen @ Nap lesnews.coml Sent: Wednesday, June 20, 2012 2:24 PM To: Ann P. Jennejohn Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Ann P. Jennejohn 17E From: NeetVirginia <VirginiaNeet @colIiergov.net> Sent: Friday, June 22, 2012 10:17 AM To: Ann P. Jennejohn Subject: FW: Ad Confirmation Ann: The ad is ok. Dinny - - - -- Original Message---- - From: AshtonHeidi Sent: Friday, June 22, 2012 9:57 AM To: NeetVirginia Cc: RodriguezWanda Subject: RE: Ad Confirmation Okay Heidi Ashton -Cicko Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 - - - -- Original Message---- - From: NeetVirginia Sent: Friday, June 22, 2012 9:55 AM To: AshtonHeidi Cc: RodriguezWanda Subject: FW: Ad Confirmation Heidi: See attached for your approval. Dinny - - - -- Original Message---- - From: Ann P. Jennejohn ( mai Ito: Ann.Jennejohn@coIlierclerk.coml Sent: Wednesday, June 20, 2012 3:48 PM To: GundlachNancy Cc: NeetVirginia; RodriguezWanda Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, June 20, 2012 4:25 PM To: 'Green, Amy' Subject: RE: Ad Confirmation Looks great Amy, please publish :) Thank you. Ann - - - -- Original Message---- - From: Green, Amy fmailto:AGreen @Naplesnews.com] Sent: Wednesday, June 20, 2012 2:24 PM To: Ann P. Jennejohn Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/20/12 Publication NDN Account Number 744102 Ad Number 1953711 Total Ad Cost $274.86 1 17E 17E From: Naples Daily News [mailto:naplesnews @ clicknbuy.coml Sent: Tuesday, July 03, 2012 11:08 PM To: Martha S. Vergara FW: Ann P. Jennejohn <Ann.Jennejohn @collierclerk.com Subject: Thank you for placing your classified advertisement. Ad # 1953711 Thank you for placing your classified advertisement The following represents the current text of your advertisement 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 Zoning Appeals, will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: ABW- PL20120001079, 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 5.05.0l.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. [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. 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 allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 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 Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) July 4, 2012 No. 1953711 Na 17E ples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 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 REFERENCE: 068779 4 5 0 01312 0 7 Board of Zoning Appeals, will consider the enactment of a County Resolution. The 59692660 NOTICE OF PUBLIC HEA f bws9 will commence at 9:00 A.M. The title of the proposed Resolution is as State of Florida Counties of Collier and Lee Before the undersigned authority, person, appeared Barbara Boyer, says that she serv, the Sales Coordinator, of the Naples Daily daily newspaper published at Naples, in Co: County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of adverti: published in said newspaper on dates liste( Affiant further says that the said Naple: News is a newspaper published at Naples, ii Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class ma matter at the post office in Naples, in saj Collier County, Florida, for a period of 1 next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation an discount, rebate, commission or refund for purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/04 AD SPACE: 92 LINE FILED ON: 07/04/12 Signature of Affi Sworn to and Subscribed be Personally known by me ABW- PL20120001079, 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. [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. 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 allotted 10 minutes to speak on an item. Persons wishing to have written or'graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the resppective 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 person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 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 Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) July 4. 2012 No. 1953711 -- - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - met day of CAROLPAINLJNSKI MY COMMISSION # EE 45538 • ' ` EXPIRES: November 28, 2014 �Rf,�L Bonded Thru Pchard Insurance Agency 2 O_1�_, ORIGINAL DOCUMENTS CHECKLIST & ROUTI] TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEP THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The col documents are to he forwarded to the Board Office onlv after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the docui exception of the Chairman's si ature, draw a line through routing lines #I through #4, complete the checklist, and forward GjL7p E 'TO GNATURE deted routing slip and original nt is already complete with the Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initi is Date 1. Judy Puig GMD -P & R/Operations & Regulatory Mgmt. Dept. Applicable) 1. 7 a 2. July 24, 2012 Agenda Item Number 17.13. Approved by the BCC 3. by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Resolution n , 4. 1 Attached 1 v Documents Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners �-2- 4e 6. Minutes and Records Clerk of Court's Office --1R 2. m q (-&62- m PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to coni act staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after i he BCC has acted to approve the item.) ,\ A— Name of Primary Staff Nancy Gundlach Yes Phone Number 239 - 252 -2484 Contact Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was July 24, 2012 Agenda Item Number 17.13. Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Resolution n , Number of Original 1 Attached 1 v Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST v Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's t` Office and all other parties except the BCC Chairman and the Clerk to the Board ' 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on July 24, 2012 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. v 17E MEMORANDUM Date: July 27, 2012 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2012 -129: Mercato Wineloft Waiver Attached for your records is a copy of the document referenced above, (Item #17E) adopted by the Board of County Commissioners on July 24, 2012. I have also included an original Affidavit of Publication from Naples Daily News to confirm an official public hearing notice was published. The Minutes and Record's Department has held the original resolution for the Board's Official Record. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 17E RESOLUTION NO. 12-129 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 5.05.01.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 Cigar Bar Unit #6160 Prime Bar Unit #8210 Silverspot Unit #8205 Mercato Wineloft\ABW- PL20120001079 1 of 3 5/29/12 402 feet 355 feet 111 feet 0 feet; and 17E 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 #8205 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, AICP 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. 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 2day of 2012. ATTEST: DWIGHT E. BROCK, CLERK . c ` uty Clerk bh.Fk4 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Cha' an Mercato Wineloft\ABW- PL20120001079 2 of 3 5/29/12 Item # _ Agenda 1,�Z Date Date ec'd ep erR 17E Approved as to form and legal sufficiency: H&-di Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Separation Exhibit CP\ 12- CPS - 001168 \3 Mercato Wineloft\ABW- PL20120001079 3 of 3 5/29/12 Mercto MPUD Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On- premise Consumption Separation Exhibit 17E Exhibit A