Resolution 2009-134
RESOLUTION NO. 09- 1 34
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELA TING TO PETITION
NUMBER ABW-2009-AR-14359, GRANTING A WAIVER
PURSUANT TO SECTION 5.05.0l.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
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 g 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 ~ day of
YlOv"{
, 2009.
A TTES.J:::,' /i "',
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DWIGHT E'.' B~CK, Clerk
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~,",..i..:......""'.',.. , D. eputy Clerk
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: ~ ~~
DO A FIALA, ChaIrman
Page 2
Approved as to form
and legal sufficiency:
Jst~~-- 7. L~~l ' -'
STEVEN T, WILLIAMS
Assistant County Attorney
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EXHIBIT "A": Separation Exhibit
Page 3
Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
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EXHIBIT A