Exhibit AExhibit "A"
Co ler County
Gam, Management Depaftent
Development Review Division
January 4, 2019
Patrick Vanasse
RWA, Inc.
6610 Willow Park Drive, Suite 200
Naples, FL 34109
RE: Insubstantial Change No. PL20180002049
Gateway (FKA Trio) (SDPI)
Dear Applicant:
Please be advised that the above referenced application has been DENIED pursuant to your response letter dated December
11, 2018. The application has failed to address the outstanding zoning comment requesting that the SDP include floor area
ratio (FAR) calculations for the hotel portion of the mixed-use project.
The zoning for the property is C-4/GTMUD-MXD. The GTMUD zoning overlay requires development to meet the Overlay
development standards of 4.02.16, which does not include a FAR requirement for hotels or any other measure that controls the
overall size of a hotel. The underlying C-4 zoning district does limit the development of a hotel to a Floor Area Ratio (FAR) of
0.6.
While the overlay does not provide a FAR, units per acre, or alternative standard to control the amount/intensity of hotel that
can be built, the past precedent for interpretation of the LDC would not suggest that the amount of hotel that can be built in the
Overlay is unlimited, but rather the FAR requirement for hotels within the C-4 zoning designation would be the most restrictive
and should apply. This interpretation is based upon LDC Section 1.03.01 D., which reads:
In the interpretation and application of any provision of these regulations, it shall be held to be the minimum
requirement adopted for the promotion of the public health, safety, comfort convenience, and general welfare.
Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida,
imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any
other law or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
Additionally, Ordinance 14-33, which amended LDC Section 4.02.16, Design Standards for Development in the Bayshore
Gateway Triangle Redevelopment Area, contains a Conflict and Severability provision which reads:
In the event that any provisions of this Ordinance should result in an unresolved conflict with the provisions of the
Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP
shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply.
Based upon these factors, the FAR standard of 0.6 for hotels expressed in the C-4 zoning district is considered the more
restrictive regulation and shall apply to this project. This interpretation also applies to the previously approved SDPA-
PL20170002293. The SDPA did not include FAR calculations; therefore, any subsequent building permit submittal will be
required to demonstrate that the hotel portion of the development complies with the FAR requirement prior to permit approval.
This decision may be appealed in accordance with Collier County Code of Laws, Section 250-58 and Chapter 3, Item A. of the
Collier County Administrative Code.
Sincerely,
Z)me&#ae,t Review V &e4 as
Growth Management Department
2800 N. Horseshoe Dr.
Naples, Florida 34104
239-252-2400