Loading...
Backup Documents 05/26/2009 Item #17C 1 7 C ~'f COLLIER COUNTY FLORIDA REQUEST FOR 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.) ~ *********w***********~***w*****.****.****w**.***w**.* **********k****k*******~~**~~~****** Originating Dept/ Div: CDES./Zoninrz Person: Nancy Gundlac AI Date: ...,... (,. V) Petition No. (If none, give brief description): ABW-2009-AR-143 59, The Mercato Petitioner: (Name & Address): Mr. D Wayne Arnold, Q Grady Minor & Associates, PA, 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) Mercato LLP, 4200 Gulfshore Blvd, Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: Mav 26. 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: ABW-2009-AR-14359, The Mercato, LLP, represented by D. Wayne Arnold of Q. Grady Minor & Associates, PA, requesting a waiver pursuant to Section 5.05.01 A,6. of the LDC to reduce the separation of 500 feet between establishments selling alcoholic beverages for on-premise consumption to 25.6:l: feet. The subject property is located at Unit 6160, Mercato MPUD, Section 34, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes PO Number 4500096189 for Account: 068779 No If Yes, what account should be charged for advertising costs: SI'ttL J It.a/~ Date / I List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: 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 Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ***.***************.**.w***~***********.*****~*~~************..***~***.*.****.***k*******k******w***.* FOR CLERK'S jFFICE USE ONL Y; I I Dore "'''''v''' , 'f:L 1.-( O~ D.te of Publi, .w'ng' 51 'Ut!( di Dot' Advortis","5 \ I Ot. Cfl 17C RESOLUTION NO. 09~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING 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 ESTABLISHMENT, WHICH IS LOCATED AT UNIT 6160 IN THE MERCA TO 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 cOWlties 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 COW1ty, 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 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, with neither establishment deriving 5 I percent of their gross revenue from the sale of food or non-alcoholic beverages. Page 1 '17c ..~ 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 9 5.05.01.A.6. and approves the separation distance of 25.6 feet between establishments whose primary function is serving alcohol for onwsite consumption, as depicted in Exhibit A, as requested in Petition ABWw2009-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 COlUlty, 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 17C Approved as to form and legal sufficiency: STEVEN T. WILLIAMS Assistant County Attorney ~ ~,D" EXHmIT "Nt: Separation Exhibit Page 3 Mercto MPUD 17C Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit ~ till tlll~ ! --- } ~~8V EXHIBIT A 17C 1 Acct. #068779 April 27, 2009 Attn: Legals Naples Daily News 1075 Central A venue Naples, Florida 34102 Re: Resolution - ABW-2009-AR-14359: The Mercato Dear Legals: Please advertise the above referenced notice on Sunday, May 10, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk PO #4500096189 NOTICE OF PUBLIC HEARING 17C- Notice is hereby glven that the Board of County Commissioners as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, May 26, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title for the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING 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 ESTABLISHMENT, WHICH IS LOCATED AT UNIT 6160 IN THE MERCATO MIXED-USE PLANNED UNIT DEVELOPMENT, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Petition: 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 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 NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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. 17C . 1 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts f')etl\l~!y:'~?f.eqllier CLERK OF THE C~RCtJIT COURT COLLIER COUNTY tOUKfJ-IOUSE 3301 TAMIAMI ~IL EAST PO. BOX 413044 NAPLES, FLORIDA'3~101-3044 17C Ii t . ;J~'~;.:.~ Clerk of Courts Accountant Auditor Custodian of County Funds .',"", April 27, 2009 Mercato LLP 4200 Gulfshore Blvd. Naples, FL 34103 Re: ABW-2009-AR-14359: The Mercato 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, May 26, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, May 10,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts r~^'~"'--'-'.~"\ "eC>>lnty.j5f€Q Hi er 6 ,,'v... .'. . CLERK OF THE CIRCUIT COURT COLLIER COUNTy,J=OURTHOUSE 3301 TAMIAMI ~IL EAST P.O. BOX 4 \3044 \\ NAPLES, FLORIDA']41 01-3044 17C !t Clerk of Courts Accountant Auditor Custodian of County Funds April 27, 2009 Q. Grady Minor & Associates, P.A. D. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34134 Re: ABW-2009-AR-14359: The Mercato 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, May 26,2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, May 10, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Martha S. Vergara 17C From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, April 28, 20094:56 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT440525.txt; ABW-2009-AR-14359 - The Mercato I..~..~~ ~ f::::--::l L:::J ATT440525.txt (231 B) ABW-2009-AR-143 59 - The Mercat... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 17C ' Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, April 28, 20094:56 PM To: 'Iegals@naplesnews.com' Subject: ABW-2009-AR-14359 - The Mercato Attachments: ABW-2009-AR-14359.doc; ABW-2009-AR-14359.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (mgr::!:J}g,YerggJa@CQ!Heg:!eIK,<:_QOJ) 4/2812009 17C , Martha 5. Vergara From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Wednesday, April 29, 2009 10:52 AM Martha S. Vergara Ad Confirmation Attachments: UAS14D.jpg rl UAS14D,jpg (76 KB) etition: ABW-2009-AR-14359 Ad Number Total Ad Cost 1796077 $457.46 Thank you for placing your ad. Emely 213-6061 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News 17C , -----------------+------------------------ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59574435 4500096189 2009-AR-14359NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared Chris Doyle, who on oath says that he serves as the President and Publisher of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Afflant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier Councy, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year 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 any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/10 OS/10 AD SPACE: FILED ON: 162 LINE 05/11/09 - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - ~ - - - --- - - - - - - - - - - - - - - - - - - -- - -- --J Signature of Affiant ~ _ Sworn to and Subscribed before me this /1/ /1 Personally known by me L-~/)au..J.... 20 'i day of '-I j ; CLf Gl/)I <-- (J JAL ,I ~~,,:~(' rHANEL t fVr-ON'\>;' ..~..~\,:'f.'I, f'JI.~("'-' t...... I' h. IvU t"\LL f.~....rti;. "~*% Commission DO 650475 ',:~.J~b..4 Expires June 29,2011 ~";;\,1:-; l~~;\~" f\'.~nQ(-'~ ThnJ Troy Fain trsuranc.-e 800-385-701'::1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP 17C Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order 1. Judy Puig Community Development and Environmental Services 2. 3. 4. * .t l~ J ~.,~.. .,,'~ \'.,1 ... F .~ ;. 5. Sue Filson, Executive Manager Board.of ountY,Eommissioners '\. Clerk of Court's Office 6, Minutes and Records PRIMARY CONTACT INFORMATION (The primary contact is the holde'r 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 contact staff for additional or missing information. All original90cuments needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) . Name of Primary Staff Nancy Gundlach Phone Number 239-252-2484 Contact Agenda Date Item was May 26, 2009 Agenda Item Number 17. C. Approved by the BCC Type of Document Resolution ()COC( -r?::>V Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. 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 ossibl State Officials.) 2. All handwritten strike-through and revisibns have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson 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 our deadlines! 6. The document was approved by the BCC on Mav 26. 2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, if a licable. Yes N/A (Not (Initial) A licable) V nb' N/A I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 17C MEMORANDUM Date: May 29,2009 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2009-134: ABW-2009-AR-14359 Mercato, Unit 6160 Enclosed please find one copy of the document referenced above, Agenda Item #17C, adopted by the Board of County Commissioners on Tuesday, May 26, 2009. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 17C RESOLUTION NO. 09- 1 34 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING 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 ESTABLISHMENT, WHICH IS LOCATED AT UNIT 6160 IN THE MERCATO MIXED-USE PLANNED UNIT DEVELOPMENT, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of waivers pursuant to Land Development Code section 5.05.01.A.6.; and WHEREAS, The Mercato, LLP desires to establish 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, with neither establishment deriving 51 percent of their gross revenue from the sale of food or non-alcoholic beverages. Page 1 17C 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 9 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 2 (P day of VlGli ,2009. ATTDClT' . " ~J;..':'~ U (fi-'<>. DWIGHt E. BRp~K, Clerk (~;;~J)~~~k -. ,,'~t,,'.'''''''''..''''-'.,' . ' De,puty Clerk ",-", ...' CO 0tlI H_ . J~'. ..t BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: ~ d~_ DO A FIALA, Chairman - Page 2 Approved as to form and legal sufficiency: /:~C~--- 7. L~~L STEVEN T. WILLIAMS A. C A ~~.".D-' SSlstant ounty ttomey , EXHIBIT "A": Separation Exhibit 17C Page 3 Mercto MPUD 17C Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit ~ f till t.lll~ Illlll~ 8 ) -_/ EXHIBIT A