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Agenda 05/26/2009 Item #17C !\genda Item No, 17C May 26, 2009 Page 1 of 23 EXECUTIVE SUMl\1ARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ABW-2009-AR-14359, the Mercato, LLP, represented by D. Wayne Arnold of Q. Grady Minor & Associates, P.A., requesting a waiver pursuant to Section 5.05.01 A.6. of the Collier County Land Development Code to reduce the required separation of 500 feet between establishments selling alcoholic beverages for on-premise consumption to 25.6:1: feet. The subject property is located at Unit 6160, Mercato MPUD, Section 34, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: The applicant is requesting a waiver of 474.7:1: feet from the 500-foot separation requirement between two establishments selling alcoholic beverages for em-premises consumption, to allow two establishments to he separated by 25.6 feet. CONSIDERATIONS: 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 2.6.1 0.3 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 500-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 two establishments selling alcoholic beverages and deriving less than 51 percent of their sales from food items. The two establishments, the Cigar Bar and the Blue Martini are located across from each other in the Mercato MPUD (mixed use planned unit development). They are not located near an existing school, child care center, public library, park or public playground. See location map and separation exhibit on proceeding pages. 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 establishments are located next to each other. The shortest path is for pedestrian traffic between the two establishments, which is 25.6:1: feet. There are no churches, schools or playgrounds in the path between the buildings. Page 1 01'2 i\genda Item No, 17C May 26, 2009 Page 2 of 23 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. 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 not generate more than 5 I percent of their revenue from food sales. Therefore, the establishments will be primarily engaged in the sale of alcoholic beverages. Additional Considerations: The two establishments are located within a MPUD containing residential uses. The two establishments are located approximately 260 feet away from other restaurants which are located in the same building as the residences. In addition, the two establishments are separated from the residential building by a 3- story retail/office building that has a building height of approximately 50 feet. 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. The two establishments will be subject to the Collier County Noise Ordinance, which was recently amended. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. This item is quasi-judicial and as such, requires ex patte disclosure. This item requires a majOlity vote only. STW RECOMMENDA TION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition ABW-2009-AR- 14359, 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 Page 2 of2 Item Number: Item Summary: Meeting Date: Page 1 of 2 Agenda Item No, 17C May 26, 2009 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS He This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ABW-2oo9-AR-14359 The Mercato, LLP, represented by D. Wayne Arnold of Q Grady Minor & Associates, P.A., requesting a waiver pursuant to Section 5.0501 A.6. of the LDC to reduce the separation of 500 feet between establishments selling alcoholic beverages for on-premise consumption to 25.6 feet The subject property is located at Unit 6160, Mercato MPUD, Section 34, Township 48 South, Range 25 East, Collier County, Florida. 5126/20099:0000 AM Prepared By Nancy Gundlach Community Deveiopment & Environmental Services Principal Planner Date Zoning & Land Development Review 4/30/2009 5:15:29 PM Appro\'ed By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/1/200911 :24 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 5/4/20099:07 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date 514/2009 12:02 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 5/4/20093:35 PM Approved By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 5/5/20093:32 PM Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmenta! Services Adminstrator Date Community Development & Environmental Services Admin. 5/12/200911:09 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 5/12/20093:20 PM Apprond By tv~ajk Isackson 8udget Analyst Date file:llr:\Apeml~Test\Fxnmt\ 1 iO-M~v%)07h%)0700q\ 17 %)OS1 lMM A RY%)OAnFNnA \ "/701700q County r{;ana;ze~'s Office C\fn'~e of rllan2gement &. Budget 5,<4/2009 P:41 ~fJi Page 2 of 2 item r~o, i 7e 26, 2009 ?age 4 of 23 Approved By Leo E Ochs, Jr. Board of County Commissioners Deputy County r!lani'~cr Date County Manager's Office 5/1612009 11 :44 AM file:I/(':\A~Yellci,8Test\Exllort\ 110-M:'l\%70)() %70)009\ 1 7%,70~1IMM A R Y%)D AGENDA \ '::;/10/1009 OJ)M ,,-ON 0,,- NO lOl!'l -N a> E~:::n a> CO CO ~2o.. 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I-Z 00 w- -,!;( 00 :::g n GULF OF MEXICO Mercto MPUD .t\ge;ida it~;nl ~'Jo. 17 C f""ay 26, 2009 F'age 6 of ::.'3 Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit n till rlll p 11111 L~ ~ ) [] / ~ EXHIBIT A Agenda Item No, 17C May 26, 2009 2800 NORTH HORSESHOE DRite 7 of 23 NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COlLlERGOV.NET ~ AFW AR NUMBER PROJECT NAME PROJECT NUMBER DATE PROCESSED COORDINATING PLANNER ABW-2009-AR-14359 REV: 1 [THE MERCA TO PROJECT: 2005040016 Date: 3/31/09 DUE: 4/14/09 ] .. . .. ". ....,... ....,..'......-..0'.........-.-.. 'APpDlcA .... 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:dougall@lutgert.com AGENT: D. Wayne Arnold, AICP FIRM: Q. Grady Minor and Associates, P.A. ADDRESS: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 PHONE #: 947-1144 CELL #: FAX #: 947-0375 E-MAIL ADDRESS:warnold@gradyminor.com Please be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. PAGE 1 of5 {,genda item t'Jo, 17C May 26, 2009 Page 8 of 23 SITE ADDRESS Unit 6160, Mercato MPUD SECTIONfTOWNSHIP/RANGE: 34/48S/25E CURRENT ZONING OF PROPERTY Mercato MPUD PROPERTY I.D. # 00176760009 SUBDIVISION NAME: UNIT BLOCK LOT METES & BOUNDS DESCRIPTION: ADJACENT' ZONING LAND USE N PUD Retail Shopping Center and Residential SPUD Restaurant, Retail Shopping Center E PUD Parking Garage W PUD Retail Shopping Center WAIVER REQtJEST DETAIL What is the extent of the waiver being requested (in linear feet) from the required SOQ-foot separation between the subject property and the school, child care center, public library, church, Rubiic park or playground? (NOTE: This distance is measured as the shortest distance between the tot 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 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. 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, i,e" band, D.J., video games, pool tables, etc.? The subject location is an approximately 2,500 square foot tenant space located at The Mercato, and is located approximately twenty-five feet from the existing PAGE 2 of 5 ~ Agenda Item No. 17C rv'lay 26, 2009 Blue Martini restaurant and lounge. The Mercato is a mixed use lifestyle iYJ:Je' 9 of 23 shopping center which blends retail, office and residential uses in a planned environment. The subject tenant space is located near the western portion of The Mercato project and is not on the main street side of the project. This tenant space is not adjacent to the residential component of the project, and is isolated from the residential area by a tier of retail/office buildings, minimizing any potential impact to the residential properties. The developer of Mercato has strategically located the existing Blue Martini restaurant and lounge in this portion of The Mercato for this very reason. Locating a second similar business in close proximity would help create a synergy of activity within this portion of the project without creating any issues of internal or external compatibility. The prospective tenant is Cigar Bar, which sells both food and alcoholic beverages. There is the potential for live or recorded entertainment; however, this aspect of the business operation will be subject to the Collier County Noise Ordinance, which was recently amended. Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on the following criteria as provided by Coilier 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. 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 Zoning Appeals to lessen the need for the total SOD-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. 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. The tenant space is isolated from the residential component of the project by its location behind a three story retail/office building (approximately 50' tall). The Cigar Bar will be approximately 260' from the nearest residential unit within The Mercato. Other restaurants with outdoor dining and entertainment will be located in closer proximity to the residential component of the project than the proposed Cigar Bar, some within the same building as the residential units. Sales contracts for the residential dwellings include full disclosures concerning PAGE 3 of 5 ,L,genda itet;j No, 17C May 26. 2009 the proximity of the dwelling units to retail and restaurant uses. PCThb'J of 23 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 doc excerpt). 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 l'on..I::atinnc:: . -::1--_.'-- .-. 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 of food (Le., restaurant). The primary use of the tenant space is a smoker-friendly lounge which will feature tobacco, food and alcoholic beverage sales. It is not anticipated that the prospective Cigar Bar will generate more than 51 % of as revenue from food sales. The Cigar Bar is located in a convenient, yet isolated area within the Mercato project. It is located within one block of the movie theater and numerous restaurants also located within the Mercato, offering another dining and entertainment option for visitors to the Mercato. PAGE 4 of 5 ,l'\genda Item No, 17C May 26, 2009 Page 11 of 23 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 14 [gJ Surveyor boundary sketch, to scale 14 fX] Reduced copies of surveyor boundary sketch, 8 %" X 11" 14 [gJ Electronic copy of all documents and plans 1 ~ 0 Copy of Addressing Checklist approved by the 1 1ZI 0 Addressino Dept. Owner/Agent Affidavits, signed & notarized 1 IZJ Fee: $1,000.00 Review Fee $500.00 Estimated Legal Advertising Fee Check shall be made payable to: Board of County Commissioners Other Other r\, I '., ~ I, \ ----,...- LO .' ~\ --- -., ' , ~- '''" " \.. ( __) QC(e~h L... Appttc;cIfff7Agent Signature !J. rJI,Oq Date PAGE 5 of 5 .4genda item No, 17e fAay 26.. 2009 ?a;:;e 12 of 23 AFFIDA vir Well, Mercato LLP being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that a/l the answers to the questions in this application, including the disclosure of interest information, a/l sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. r e/I further authorize Q. Gradv Minor and Associates, P.A. to act as lve in any matters regarding this Petition. Signature of Property Owner ~J&.~ Typed or Printed Name of Owner Typed or Printed Name of Owner .:4 foregoing instrument was acknowledged before me this Mtlv day of MfG'" , 20~, by -1iaWM'l B.:4~1W\ who is personallv known to me or h'as produced as identification. State of Florida County of Collier ublic - State of Florida) AA~~ ~~ (Print, Type, or Stamp Commissioned Name of Notary Public) OFFICIAL NOTARY SEAL MELISSA PROCTOR NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO, 00784135 MY COMMISSION EXP. April 30. 2012 PAGE 5 of5 ABW 2009_AR-1435genCRIEVt f10,I/C - . May 26, 2009 THE MERCA TO Page 13 of 23 PROJECT: 2005040016 Date: 3/31/09 DUE: 4/14/09 ~ 'U~, ! ..'"~ f~'" ~~lr"l"; \. IY ( .' ~ t I ~";, ...' ''61 '~:(~I '''' . oil; .' ., ~ '~, ... ~ . ~',(.,. ~ .. ''1;-#. '~.: ..... ' , :. :r~ '" r."j r' i .~ ,,',...,~..>- ~ ';..:.' "'. '<'"",...." I i building (including awnings, signs, stonn 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 pennitted 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 ofany .surface coating which the Owner shall apply to a terrace, and the Owner may only apply surface coatings andlor 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 ofa 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 iii"',"" >"'",:,/ ..)lliM3- ~J " ' __:iliil fjjf "!1iMl~~;Nni~.~ l: r"'" 1'"' . l .f~, ~ l ~~:~.;Q(1<' ~' ;~-;. , '_iff'TIt;: ,....:. . J :...., ~ 0,1;, ;j.,.. \ ) ~:, "..._ "," ~1'-... ~ ...t' ....~ ' ~ '~, : ~ ,c.,;.,. 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 n D of Exhibit 7, 13 2,10970 1 1:11 B/?006 ~ Mercta MPUD ,A,genda Item I\Jo, 17C May 26, 2009 P2ge 14 of 23 Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit BUILDING 14 (,_,ce, . ", ;/ if;F~:,?, ' II ~Y/ ft-_~ >"0 //'~I,\ ~= i.~ " ," y t),:::--~ - -;/.:~ , ___ ~ '.~;~'-1"~~_-i ;:'CB= ~ _____ -'" ".(")00 \\ '- ~ 0 - - -'>- ~..' ~1i:l - - c.o BUilDING 6 ':ti:::tt! ~ ,.. CN -; 0<'>0 CJ>'O I ~; .;.,,,!, '~l'" .0. ~...f' r~-'~ --,..- trq l '"",,, 0-, , ~.J. ..,---~ ~ it o j'i r ' _,:;J '7/ // I / (' I ;1 f.11 ~, ..~' I g" I ",", 'f ;, -'L \4~) ;..'"' 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A r ~ i ~ ~ . !J ~~~. ~ ~, c'CrX .. ~-=:;: ~ '" ~ to- ~ g ~ J ~ :2: ~5. ~iH c..::J . :; II ;;; fr ~ - c ~ ~...: &; ~ ~ c~ t i f I I@~ I I 1m - I I'" ~ I 1111 ", MERCATO MPUD _ _ __ __hgendaHem-No,i7C ;~;~;009-AR-14359 ~~a~w~~~ THE MERCA TO PROJECT: 2005040016 Date: 3131/09 DUE: 4114/09 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, TAMIAMITRAILNORTH; 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 CONCAVE 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 SOUTH 62059'07" EAST 414.10 FEET; 5) SOum: 77059'05" 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 94059'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 30029'09" EAST 582.44 FEET TO TIlE BOUNDARY OF PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5", AS RECORDED IN PLAT BOOK 23, PAGES 40-47, PUBLIC RECORDS OF COLLIER COUN1Y, 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 CONCA VE EASTERLY HA VINO A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 16034'19" AND BEING SUBTENDED BY A CHORD WHICH 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 COUNTY, FLORIDA; THENCE NORTH 89033'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF PELICi~~?\l' rvrA..~SH Ul'HT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88-89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; W -07 -oD82G.DESIPN04-0047 L\Qenda Item No 17C ~ May 26, 2009 P2;)e '18 of 23 THENCE 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 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 SUBT~"'DED 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 ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00012'26" AND BEGIN SUBTENDED BY A CHORD WHICH BEARS SOUTH 83001'55" 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 TIIROUGH A CENTRAL ANGLE OF 00037' 18" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83032'47" WEST 74.44 FEET; THENCE LEAVING SAID PROPOSED RIGHT -OF- WAY Al"ID ALONG TIlE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF COLLIER COU1\llY, FLORIDA, AND ALONG A NON-TANGE1~lIAL LINE ~ORTH 00039'03" WEST 254.6] FEET; THENCE ALONG THE BOUNDARY OF LAt-I"'DS DESCRIBED IN O.R. BOOK 680, PAGE 782, NORTH 48"22'47" WEST 297.34 fEET; THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89020'57" WEST 420.00 FEET TO A POINT ON TIlE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637, PAGE 1161 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 POINT ON THE EASTERLY RIGHT-Of-WAY OF SAID U.S. 41; THENCE ALONG SAID RIGHT~OF-WAY LINE NORTH 00039'30" WEST ]291.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 49.72 ACRES MORE OR LESS; AND A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, COLLIER COUNTY, FLORIDA; ALL THAT PART OF PELlCAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MOFF PART!ClTLA_RLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT FIVE; 2 W -07 -0082G,DES/PN04-0047 Agenda Item r~o, 17C May 26, 2009 Page 19 of 23 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 SOUTH 00000'00" EAST 481,17 FEET TO A POINT ON THE NORTH LINE OF TRACT "B" (V ANDERBIL T BEACH ROAD) ACCORDING TO THE PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COu"NTY, 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 FNE; 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 THE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE BEING SOUTH 89033'32" EAST; SUBJECT TO EASEMENTS AND RESTRlCfIONS OF RECORD; BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990 ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00039'20" EAST. 3 W -D7-0082G.DES/PN04-004 7 !\c!enda item f\lo, 17e ~ May 26, 2009 Page 20 of 23 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING A..PPEALS OF COLLIER COUNTY, FLORIDA, RELA TING TO PETITION NUMBER ABW-2009-AR-14359, GRANTING A WAIVER PURSUANT TO SECTION 5.05.01.A.6 OF THE LAND DEVELOPMENT CODE, CONCERNING AN ESTABLISHMENT WHOSE PRIMARY FUNCTION IS THE SALE OF ALCOHOL FOR ON-SITE CONSUMPTION HAVING A MINIMUM SEPARATION DISTANCE OF 500 FEET FROM ANOTHER SUCH ESTABLISHME1\TT, WHICH IS LOCATED AT UNIT 6160 n~ THE MERCATO MIXED-USE PLANNED UNIT DEVELOPMENT, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of waivers pursuant to Land Development Code section 5.05.01.A.6.; and \\lHEREAS, The :Mercato, LLP desires to establish a business whose primary function will be the sale of alcohol for on-site consumption to be located upon Unit 6160 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 25.6 feet between two establishments whose primary function is the sale of alcohol for on-site consumption, "'',lith neither establish.L~ent deriving 51 percent of their grosS reve:nue from the sale of food or non-alcoholic beverages. Page I .Agenda Item No, 17C May 26, 2009 Page 21 of 23 VfHEREAS, 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 VfHEREAS, 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 ~ 5.05.01.A.6. and approves the separation distance of 25.6 feet between establishments whose primary function is serving alcohol for on-site consumption, as depicted in Exhibit A, as requested in Petition ABW-2009-AR-14359, filed by D. Wayne Arnold, on behalf of the Petitioner, The Mercato, LLP, concerning the subject property described as Unit 6160, Mercato MPUD, in Section 34, Township 48 South, Range 25 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ABW- 2009-AR-14359 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chairman Page 2 A;Jenda item r'~o, 1 i'e f\1ay 26, 2009 Poge 22 of 23 Approved as to fonn and legal sufficiency: STEVEN T. WILLIAMS , C ^ ~~...D~ Asslstant ounty l'"\.ttomey , , EXHIBIT "A": Separation Exhibit Page 3 Mercto MPUD I\genda Item No, 17C May 26, 2009 Page 23 of 23 Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit , ~ till tlll~ III Ill~ c:J J ) ~ EXHIBIT A