Resolution 2012-129RESOLUTION 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 5.05.0l.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
402 feet
Cigar Bar
Unit #6160
355 feet
Prime Bar
Unit #8210
111 feet
Silverspot
Unit #8205
0 feet; and
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Approved as to form
and legal sufficiency:
H idi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Separation Exhibit
CP\ 12- CPS - 001168 \3
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Mercto MPUD
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On- premise Consumption
Separation Exhibit
Exhibit A
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 eday of
2012.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
C BY-
Oputy Clerk FRED W. COYLE, Cha' an
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