Backup Documents 06/25/2019 Item # 8A PP - Trio-Appeal-6-25How to Apply Floor Area Ratio
Total Acres = 1.98
Converted to Square Feet = 86,239
x .60 (FAR) = 51,743 of Hotel use within Mixed use building
43,560 sq. ft. = 1 accre
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The arguments presented by the appellant, while persuasive, are characterized by staff as circumstantial, in that the LDC does not specifically state that a hotel developed in the BMUD
has no intensity restrictions, as all other zoning districts in the LDC provide.
The argument is that the absence of standards in 4.02.16 related to hotels was intentional, and the fact that the overlay is constructed for a Community Redevelopment Area (CRA) which
provides for higher intensities by it’s nature supports this position.
Then the conclusion must be that the Overlay was intentionally silent to a hotel’s intensity in the Overlay and therefore there are no intensity restrictions imposed upon a hotel within
the Bayshore overlay.
While the arguments do infer that conclusion…
2
Staff is relying upon the direct evidence of LDC Section 1.03.01.D., which states that when there is conflict within provisions of the LDC and GMP, the more restrictive shall apply.
“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.”
3
From Legal condsideration authored by the County Attorney, “The overriding land use document for Collier County is the Collier County Growth Management Plan (the “GMP”). The intent
of the GMP is implemented through the Land Development Code. The GMP states that the intent of the Bayshore/Gateway Triangle Redevelopment Overlay is to allow for increased intensity.
No FAR requirement for hotels within this Overlay would be consistent with this intent.”
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Ultimately, the final arbiter of this appeal is the Board of Zoning Appeals and based upon the nature of this issue, it is Staff’s opinion that it is inappropriate for Staff to arrive
upon a determination that provides for higher intensity of a land use, when there is clear conflicting regulations within the LDC and GMP related to that use, and that the guidance
provided by the LDC is to side on the more restrictive position and allow the Board of County Commissioners, acting as the Board of Zoning Appeals to provide the policy determination
on intensity.
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