Official Interpretation (INTP-2004-AR-64l2)
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COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive· Naples, Florida 34104
March 1, 2005
Richard D. Y ovanovich
Goodlette Coleman & Johnson, P.A.
4001 Tamiami Trail North
Naples, FL 34103
RE: INTP-2004-AR-64l2 Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A.,
requesting an official interpretation concerning a proposed destination resort hotel approval.
Dear Mr. Y ovanovich:
In: your correspondence dated July 28, 2004, you have asked me to render an official interpretation of
the Collier County Land Development Code (LDC) as it relates to two specific questions concerning the
former Wiggins Pass Marina site, which presently has a Commercial (C-4) zoning designation. You
describe development characteristics of a future hotel project and ask if under the current definition of a
destination resort hotel the project could be classified as such. It is my opinion that the characteristics
and amenities of the hotel you describe are inconsistent with those requirements of a destination resort
hotel as defmed by the LDC, therefore under the cUrrent definition of destination resort hotel, the project
you describe could not be classified as a destination resort hotel. You then ask if the calculation for the
allowable floor area ratio of the proposed hotel is based upon the total site parcel size of 10.45 acres
where .43 of the acreage is submerged. It is my opinion that so long as proper documentation is
provided which demonstrates that the applicant owns the submerged land area, the gross land area
calculation may include submerged land.
Within the referenced correspondence and in relation to the fIrst question, you describe the proposed
hotel as having the following characteristics:
· The parcel has direct access to the Gulf of Mexico.
· The hotel amenities include, but are not limited to, a pool, a restaurant open to the public, spa,
fitness center, concierge services, marina, ships store and fueling station, also open to the public.
· The hotel will have no less than twenty-fIve percent (25%) of the gross floor area devoted to
common usage and support areas.
The Collier County Land Development Code specifIcally defines a Destination Resort Hotel as:
Destination resort hotel: A transient lodging facility where patrons generally stay for several days in
order to utilize, enjoy, or otherwise participate in certain amenities, natural or man-made, including but
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Phone (239)403-2400
Fax (239) 643-6968 or (239) 213-2913
www.colliergov.net
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Mr. Richard D. Yovanovich
Page 2
March 1,2005
not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities,
(iii) health spa and/or fitness center, (iv) other recreational amenities and on-site services, including full
dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services.
Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not
required. In all cases, a destination resort hotel must include full dining services and a cocktail lounge,
and not less than 25 percent of the gross floor area must be devoted to common usage and support
service areas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining
and lounge facilities, and spaces in support of hotel functions.
In accordance with the above definition, the Land Development Code requires that in order for a hotel
facility to be classified as a destination resort hotel, the following minimum amenities must be present.
1. Direct Access to the Gulf of Mexico
2. On-site Golf Course and Golf-related facilities
3. Health spa and/or fitness center
4. Other recreational amenities
5. On-site services including full dining and cocktail lounge
6. Entertainment rooms for video and movies
7. Concierge services
8. A minimum of25 percent of the gross floor area must be devoted to common usage and support
servIce areas
Based upon the required components listed above for a hotel to be classified as a destination resort, it is
my opinion that the characteristics and amenities of the hotel described within your letter are
inconsistent with those comprising the requirements of a destination resort hotel as defined by the Land
Development Code. Specifically, the Land Development Code requires that in order to be classified as a
destination resort hotel the amenities must include a golf course and golf course related facilities. For
purposes of applying the portion of the regulation regarding the golf course requirement, the Land
Development Code distinguishes between those sites with direct access to the Gulf of Mexico and those
sites fronting on the Gulf of Mexico. For those sites fronting on the Gulf of Mexico, the required golf
course and facilities may be located on-site or off-site. For those properties not fronting on the Gulf of
Mexico, but with direct access to the Gulf of Mexico as required, the golf course and facilities must be
located on-site (no off-site option). The characteristics of the property outlined in your request describe
the property as having direct access to the Gulf of Mexico, but no mention is made of plans for or the
existence of an on-site golf course facility. In order to be classified as a destination resort hotel, at a
minimum at least all of the features listed above must be present and where applicable to the degree so
stated in the Land Development Code. The site and proposed development you describe does not include
the required on-site golf course facility.
Second, you ask, "Is the allowable floor area ratio for the hotel calculated based upon the total site
parcel size? In your request you identify the parcel as being 10.45 acres in total, and further, claim that
.43 acres of the total parcel are submerged lands.
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Mr. Richard D. Y ovanovich
Page 3
March 1, 2005
The Land Development Code is silent as to the question of submerged lands and their relationship to
Floor Area Ratio, but the LDC does define Floor Area Ratio. The LDC reads as follows:
Floor area ratio (FAR) : A means of measurement of the intensity of building development on a site. A
floor area ratio is the relationship between the gross floor area on a site and the gross land area. The
FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that
figure by the gross land area. See Figure below.
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FAR. of 0.20. ~.__\
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I 40,Qa"0 SF lo~" 0.20FA~) ! . . A."......
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li FAR. of .0.80 ¡__
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..____..._.m_.h._.h________.._·_·____·
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The above definition presents a formula for the Floor Area Ratio in which the denominator of the
equation is equal to the gross land area of a property or parcel. Based upon this definition, which does
not exclude submerged lands when determining the gross floor area, provided that so long as proper
documentation is provided which demonstrates that the applicant owns the submerged land area, the
gross land area calculation may include submerged land.
Pursuant to Chapters 1 and 10 of the LDC, this interpretation has been sent to you via certified mail,
return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of
the subject property will be mailed notice of this interpretation. Also, notice of this interpretation and
appeal time frames will be advertised in the Naples Daily News.
Within 30 days of receipt of this letter, or within 30 days of printing of the public notice, any affected
property owner or adversely affected party may appeal the interpretation to the Board of Zoning
Appeals. An affected property owner is defined as an owner of property located within 300 feet of the
property lines of the land for which this interpretation has been rendered. An aggrieved or adversely
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Mr. Richard D. Y ovanovich
Page 4
March 1, 2005
affected party is defined as any person or group of persons, who will suffer an adverse effect to an
interest, protected or furthered by the Collier County Growth Management Plan or the Land
Development Code. A request for an appeal must be filed in writing, must state the basis for the appeal,
and include any pertinent information, exhibits, or other back-up information in support of the appeal.
The appeal must be accompanied by a payment of $1000.00 application and processing fee. If payment
is in the form of a check, it should be made payable to the Collier County Board of County
Commissioners. An appeal can be hand-delivered or mailed to my attention at the address provided on
this letterhead. Please do not hesitate to contact me should you have questions on this matter.
Sincerely,
~~
Susan Murray, AICP, Director
Zoning & Land Development Review
cc: Collier County Board of Commissioners
James V. Mudd, County Manager
Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division
Patrick G. White, Assistant County Attorney
Marjorie M. Student, Assistant County Attorney