Agenda 09/10/2019 Item #12A (Appeal Reversal for SDPI - PL20180002049)09/10/2019
EXECUTIVE SUMMARY
Request for direction on the appeal filed by Real Estate Partners International, LLC which seeks
reversal of the approval of insubstantial change to the Site Development Plan (SDPI), petition
PL20180002049, for Gateway, formerly known as Trio. The appeal centers around the questions of
whether the GTMUD-MXD Overlay requires a minimum of 700 square feet for a hotel guest room,
and whether the contract purchaser for the adjoining County-owned parcel has standing to raise
the objection.
OBJECTIVE: For the Board of County Commissioners (BCC) to review four options regarding the
appeal of the approval of the SDPI and provide direction on how to proceed.
CONSIDERATIONS: This is the second appeal that has been filed on the Gateway project. In the first
appeal, London of Naples, Inc., sought reversal of staff’s denial of their request for an insubstantial
change to the Site Development Plan, with the issue centered on the minimum floor area ratio (FAR) for
the hotel portion of their propos ed mixed-use project. During this appeal, Real Estate Partners
International, LLC, who is the contract purchaser for the adjoining County-owned parcel, raised the size
of the proposed hotel’s rooms as an issue. The BCC, sitting as the Board of Zoning App eals, determined
that there is no FAR requirement for hotels within the GTMUD-MXD Overlay and directed staff to
approve the Plan. No determination was made with respect to the minimum hotel room size, as the appeal
was only about the FAR issue, which had nothing to do with the hotel guest room size.
Staff then approved the SDPI, which approval is now challenged by Real Estate Partners International,
LLC, based on the argument that the GTMUD-MXD Overlay pursuant to Section 4.02.16 B- Table 7 of
the Land Development Code, requires individual guest rooms in hotels to be at least 700 square feet. The
relevant Code provision is as follows:
Table 7. Dimensional Requirements in the GTMUD -MXD
House 1 Rowhouse 2 Apartment Mixed-Use Commercial Civic & Institutional
Min. Lot Width (ft) 50 25 3 100 100 100 5 100
Min. Front Yard (ft) 10 10 10 6.5 6 6.5 6 10
Min. Side Yard (ft) 7.5 5 7.5 10 10 10
Min. Rear Yard (ft) 15 15 20 5 5 15
Min. Waterfront Setback (ft) 25 25 25 25 25 25
Min. Floor Area (sq ft) 1,100 1,000 750 per unit 700 per unit 700 per unit n/a
Min. Building Separation n/a n/a 10 10 10 10
Max. Building Height (ft) 4 42 42 42 56 7 56 7 42
Staff’s position is that this commercial dimens ional requirement of 700 square feet per unit does
not apply to a hotel guest room (or any particular room in any commercial building for that
matter), but to the size of the commercial space as a whole. It should be noted that no other
zoning district in the County contemplates a 700 square foot requirement for hotel guest rooms, and as
noted in an attached article from USA Today, the average hotel room in the United States is roughly 330
square feet, with most new construction under that number. Further, the County has not historically
applied the 700 square foot minimum to guest rooms in hotels. In fact, the County recently approved a
hotel in the same GTMUD -MXD zoning overlay with guest room sizes between 259 and 360 square feet.
There are two issues on appeal. The substantive issue is whether there is a 700 square foot minimum size
for hotel guest rooms in this subdistrict, and the procedural issue is whether Real Estate Partners
International, LLC (who is a contract purchaser) has the standing to br ing this appeal.
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The Standing Issue
Standing is the ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party
seeking to demonstrate standing must be able to show sufficient connection to and harm from the law or
action challenged. Without either the connection or harm from the alleged wrong, there can be no legal
claim.
The standing issue is embedded in the right to an administrative appeal in Collier County. The two
applicable provisions are as follows:
Sec. 250-58. - Appeal from decision of administrative official.
(a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken
by any person aggrieved or by any officer, department, board, or bureau of the governing body
or bodies in the area affected by the administrative decision, determination or requirement made
by the administrative official. Such appeals shall be taken within 30 days by filing with the
administrative official a written notice specifying the grounds thereof. The administrative official shall
forthwith transmit to the board all papers, documents, and maps constituting the record of the
administrative action from which an appeal is taken.
(b) Due public notice of the hearing on the administrative appeal shall be gi ven.
(c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by
the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed
affirmed.
(Laws of Fla. ch. 67 -1246, § 16; Laws of Fla. ch. 2001-344, § 1)
1.06.01 - Responsibility for Interpretations
D. Request for Official Interpretation. The County Manager or designee may render an official
interpretation of any part of the LDC. The building official may render an official interp retation of
any part of the Florida Building Code.
6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals.
a. Within 30 days after receipt by the applicant or affected property owner of a written official
interpretation sent by certified mail return receipt requested by the County Manager or designee or
building official, or within 30 days of publication of public notice of the official interpretation, the
applicant , affected property owner, or aggrieved or adversely affected par ty may appeal the
interpretation to the Building Board of Adjustments and Appeals for matters relating to
building and technical codes as shown in LDC section 1.07.00
<https://library.municode.com/FL/Collier_County/codes/land_development_code?nodeId=CH1GE PR_
1.07.00LAADRE> or to the Board of Zoning Appeals for all other matters in the LDC. For the
purposes of this section, an affected property owner is defined as an owner of property located within
300 feet of the property lines of the land for which the of ficial interpretation is effective. An aggrieved
or affected party is defined as any person or group of persons which will suffer an adverse effect
to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or
building code(s). The alleged adverse interest may be shared in common with other members of the
community at large, but shall exceed in degree the general interest in community good shared by all
persons.
The papers filed by Real Estate Partners International, LLC on ap peal do not articulate any harm caused
by the approval. By email dated August 20th, the County Attorney directly asked Appellant’s counsel to
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identify the harm incurred by Real Estate Partners International, LLC by the approval of the SDPI. The
response in essence stated that the fact that they are a contract purchaser in and of itself is sufficient and
identified no harm.
It is the opinion of the County Attorney that without any allegation of any harm caused to Appellant by
approval of the insubstantial change to the Site Development Plan, Appellant has no standing to bring this
appeal. It is the further opinion of the County Attorney that this opinion itself is subject to an appeal to
the Board, hence this Executive Summary.
The BCC has at least four options with respect to the subject appeal:
1) Find that there is no standing and elect not to hear the matter. Note that appellant had 30
days to perfect their appeal and would be barred from this point on from asserting any such
harm. The County Attorney believes such a decision would likely be appealed to a Court.
2) Elect to hear the appeal at a later date, whichever decision the Board would then make the
County Attorney believes will likely be appealed to a Court.
3) Direct the Hearing Examiner to hear the appeal and provide a recommendation, which will
likely result in a public hearing before the Board, resulting in a decision that the County
Attorney believes is also likely to be appealed to a Court.
4) Permanently end the issue, including any future litigation over whatever determination the
Board and/or Hearing Examiner may or may not find, by directing staff to advertise and bring
back an amendment to the Land Development Code to simply clarify that the 700 square foot
minimum floor area for commercial units does not apply to hotel guest rooms in the
GTMUD-MXD Overlay. A draft LDC amendment is included as back-up. If the Board
chooses option 4, Staff recommends that all Tables in Section 4.02.16.B. be amended to
reflect the clarification.
Along with the draft LDC amendment, I have included as back-up the appeal documents and letters from
both sides setting forth their respective positions as to the issue of whether Real Estate Partners
International, LLC has the standing to bring this a ppeal. The appeal documents and letters are merely to
provide the Board some background on this issue, and not as the basis for any argument by either sides as
to the merits of the appeal, which would be heard should the Board elect to hear the appeal.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: The areas addressed within the appeal are contained within the
LDC, therefore no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners determine whether it will:
1. Find that there is no standing and elect not to hear the matter;
2. Hear the appeal and render a determination;
3. Direct the Hearing Examiner to hear the appeal and provide a recommendation; or
4. Direct staff to bring back an amendment to the Land Development Code to clarify that the 700
square foot minimum floor area for commercial units does not apply to hotel guest rooms in LDC
Section 4.02.16.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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ATTACHMENT(S)
1. Hotel Room Exemption Draft (PDF)
2. Gateway - application (PDF)
3. Gateway - Narrative (PDF)
4. Gateway - Exhibit A (PDF)
5. Gateway - Exhibit B (PDF)
6. Gateway - Exhibit C (PDF)
7. USA Today Article (DOCX)
8. Appeal Documents and Letters (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 9940
Item Summary: Request for direction on the appeal filed by Real Estate Partners International,
LLC which seeks reversal of the approval of insubstantial change to the Site Development Plan (SDPI),
petition PL20180002049, for Gateway, formerly known as Trio. The appeal centers around the questions
of whether the GTMUD-MXD Overlay requires a minimum of 700 square feet for a hotel guest room,
and whether the contract purchaser for the adjoining County-owned parcel has standing to raise the
objection.
Meeting Date: 09/10/2019
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
08/26/2019 11:19 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/26/2019 11:19 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2019 1:50 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/26/2019 4:24 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/27/2019 10:35 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/27/2019 11:10 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
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Packet Pg. 203 Attachment: Hotel Room Exemption Draft (9940 : Request for Direction - Real Estate Partners International Appeal)
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Packet Pg. 204 Attachment: Hotel Room Exemption Draft (9940 : Request for Direction - Real Estate Partners International Appeal)
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Packet Pg. 205 Attachment: Hotel Room Exemption Draft (9940 : Request for Direction - Real Estate Partners International Appeal)
C-ouuty
EGEIUE
JUL 2I 2019
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v
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
28OO NORTH HORSESH
NAPLES, FLORIDA 341
(2391252-2400 FAX (239) 252-6358
www.colliergov.net
APPEAL OF ADMINISTRATIVE DECISION OF
ADMINISTRATIVE OFFICIAL
Section 250-58
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
To be completed bt staf
APPLICANT INFORMATION
NAME oF owNER Real Estate Partners International, LLC
ADDRESS 1415 Panther Lane 611y Naples STATE FL ztp 34109
TELEPHONE # 239-51 44001 CELL #FAX #
NAME oF AGENT/AppLtc4pl Richard C. Grant, Esq.
plpp Grant Fridkin Pearson, P.A.
ADDRESS 5551 Ridgewood Drive, Suite s01 ClTy Naples STATE FL Zlp 34108
TELEPHONE # 239-5'14-1 000 CELL #FAx# 239-514-0377
E-MA;L ADDRE55 rgrant@gfpac.com
REQUEST DETAIL
Appeal of App tication No. AR/pL-20180002049
(Please reference the application number that is being appealed)
Attach a statement for the basis of the appeal including any pertinent information,
exhibits and other backup information in support of the appeal.
Submit required application fee in the amount of $1,000.00 made payable to the Board
of County Commi ssioners.
E-MAIL ADDRESS js@rePtrs'com
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Packet Pg. 206 Attachment: Gateway - application (9940 : Request for Direction - Real Estate Partners International Appeal)
C-annty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(2391 252-2400 FAx (239) 2s2-63s8
www.colliergov. net
Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may
appear in person or by attorney, A decision shall be reached by the appellate body within 30 days of
the hearing; otherwise, the action appealed from shall be deemed affirmed.
An affected property owner is defined as an owner of property located within 300 feet of the
property lines of the land for which the interpretation is effective.
An aggrieved or affected party is defined as any person or group of persons which will suffer an
adverse effect to an interest protected or furthered by the Collier County Grolvth Management Plan,
Land Development Code, or Building Code(s). The alleged adverse interest may be shared in
common with other members of the community at large, but shall exceed in degree the general
interest in community good shared by all persons.
The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall
consider the administrative decision and any public testimony in light of the grovvth management
plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of
Zoning Appeals shall adopt the County official's administrative decision, with or without modifications
or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be
authorized to modify or relect the County official's administrative decrsion unless such Board finds
that the decision is not supported by substantial competent evidence or that the decision is contrary
to the grolvth management plan, the future land use map, the Land Development Code or the official
zoning atlas.
GroMh Management Division/Planning and Regulation
Attn: Business Center
2800 North Horseshoe Drive
Naples, Florida 34104
APPEAL OF ADMINISTRATIVE DECISION OF
AOMINISTRATIVE OFFICIAL
Section 250-58
Sec. 250-58. Appeal from decision of administrative official.
(a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken
by any person aggrieved or by any officer, department, board, or bureau of the governing body or
bodies in the area affected by the decision, determination or requirement made by the administrative
official. Such appeals shall be taken within 30 days by filing with the administrative official a written
notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board
all papers, documents, and maps constituting the record of the action from which an appeal is taken.
A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and
shall include any pertinent information, exhibits and other backup information in support of the
appeal. ln accordance with Resolution No. 2007-160, the fee for the application and processing of an
appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted.
Reouests for Appeal of Administrative Decision should be addressed to:
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Packet Pg. 207 Attachment: Gateway - application (9940 : Request for Direction - Real Estate Partners International Appeal)
GRI\\T
lRLqS!! =
PEARSON
Via hand delivery
Michael Bosi, AICP, Zoning Director
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34104
GroMh Management DivisioniPlanning and
Regulation
Attn: Business Center
2800 North Horseshoe Drive
Naples, FL 34'104
Re: Appeal from Decision of Administrative Official - re: lnsubstantial Change
PL20180002049 Gateway (flUa T.io) lssued on July 1,2019 (the "Approval Letter")
Dear Mr. Bosi
The purpose of this letter is to appeal the above referenced lnsubstantial Change (P120180002049)
to the Gateway SDP (f/Ua Trio), under the provisions of the Collier County Code of Ordinances,
Section 250-58 - Appeal from Decision of Administrative Offlcial and the resulting Approval Letter, a
copy of which is attached as Exhibit "A". We are legal counsel to Real Estate Partners lnternational,
LLC which is the contract purchaser of land now owned by the Collier County Redevelopment Agency.
The property under contract to our client adjoins the property which is the subject of this appeal. A
check for $1,000 as the required fee for the appeal is enclosed.
An SDP for Trio Residential Hotel Shoppes (PL20150001929) first received a project Pre-Approval
Letter on August 23, 2016 and received final County approval on May 23, 2017 . An SDP Amendment
(PL20170002293) was submitted on July 31 , 2017 . Thal SDP Amendment received a Project Pre-
Approval Letter on November 14,2017 .
On June 14,2018 an application for lnsubstantial Change to that SDP was submitted by London of
Naples, LLC, as the "Applicant" (herein referred to as the "SDP|"). On August 1, 2018, the SDPI was
approved. Thereafter, County staff revoked approval of the SDPI and subsequently denied the
application. The Applicant then appealed that denial to the BZA. On June 25,2019, the Board of
Zoning Appeals adopted Resolution No. 2019-118 that approved petition ADA-P120190000305 in
effect reversing the administrative denial of lnsubstantial Site Development PIan Amendment SDPI-
PL20'180002049. As a result, lnsubstantial Change No. PL20180002049, above the SDPI, was
approved by the Approval Letter.
Basis for Appeal - The Approval Lefter (and the SDPI it approved) does not comply with the
minimum unit size for hotel units within the GTMUD-MXD Overlay
It is uncontroverted that the real property subject to the Approval Letter is located within the GTI\,'IUD-
MXD overlay. lt is also uncontroverted that Section 2.03.07.N.3.b provides:
13350 Metro Parkw6y, Suite 302
Fort Myers, Florida 33966
ATTOFNEYS ANO
COUNSELOFS AT LAW
July 29, 2019
The substantive changes embodied in the SDPI that differed from earlier version ofthe SDP and that
have resulted from the Approval Letter are: (i) increasing the number of hotel units from 48 to 150
(tripling the number of hotel units); (ii) reducing the square footage ofthe hotel units; and (iii) revising
the square footage of other uses.
GRANT FRIDKIN PEARSON, PA.5551 Ridgewood Drive, Suite 501
Naples, Florida 34108
239.514.1000
www.gfpac.com
12.A.c
Packet Pg. 208 Attachment: Gateway - Narrative (9940 : Request for Direction - Real Estate Partners International Appeal)
Michael Bosi, AICP, Zoning Director
Collier County Growth Management Department
Page 2
Property owners may establish uses, densities and intensities in accordance with the
existing LDC regulations of the underlying zoning classification, or may elect to
develop/redevelop underthe provisions of the applicable GTMUD Subdislticl. ln either
instance, the GTMUD site development standards as provided for in section
4.02.16 shall appry. (emphasis added).
LDC Section 4.02.16 - Design Standards of Development in the Bayshore Gateway Triangle
Redevelopment Area, sets forth the mandatory dimensional and design standards tor
development within the various subdistricts within the Bayshore Gateway Triangle
Redevelopment Area. Specifically, Table 7 sets forth the dimensional requirements in the
GTMUD.MXD.
Section 4.02. 1 6.8 provides
Dimensional and Design Standards for the GTMUD
1. Mixed Use Subdistrict (GTMUD-MXD).
a. Specif ic District Provisions:
i. Maximum Density: 12 units per acre comprised of density allowed by the
underlying zoning district and available density bonuses.
ii. Lot and Building Dimensional Requirements: Lot and building dimensional
requirements for new development are provided below. These requirements
shall be based on the building type of the principal structure(s) as described
in section 4.02.16 D., Building Types and Architectural Standards.
Table 7. Dimensional Requirements in the GTMUD-MXD
House Rowhouset2 Apartment
B
Commercial
100 100 100 s 100
Mixed-
Use
6.5 6 6.5 6
Civic &
Institutional
10
l0
l5
Min. Lot Width
(f0
Min. Front Yard
(ft)
Min. Side Yard (ft)
Min. Rear Yard (ft)
Min. Waterfront
Setback (ft)
Min. Floor Area
(sq ft)
Min. Building
Separation
50 253
l0
7.5 5
t5 l5
l0
1.5
20
l0 l0
55
25 25 25 25
1.100 1.000 750 per 700 per
700 per unit nlaunrtunlt
nla nla l0 l0 10
l0
25 25
t0
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Packet Pg. 209 Attachment: Gateway - Narrative (9940 : Request for Direction - Real Estate Partners International Appeal)
Michael Bosi, AICP, Zoning Director
Collier County Growth Management Department
Page 3
Max. BuildingH;is;;it;tl" 42 42 42
Notes:
1 See 4.02.16.8.3 regarding Duplexes.
2See 4.02.'16.8.3 regarding Two-Family Dwellings
3 Applies to individual unit.
aZoned Height of Building.
56',
s Property zoned C-3 shall have a minimum lot width of 75 feet.
6 Development in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a maximum
setback of 20 feet.
7 MUPs in the Mini-Triangle Area of the GTMUD-MXD subdistrict shall have a maximum zoned
building height ol 112leel.
The pertinent portions of Section 4.02.16.8 - Table 7 have been highlighted above.
On its face, Table 7 requires that each hotel unit must contain a minimum of 700 square feet (as
evidenced by the 700 square foot per unit minimum in both the mixed-use and commercial uses).
Of note, in the initial Trio SDP with 12 hotel units, as well as the Amendment to SDP with 48
hotel units, all hotel units exceeded 700 square feet.
The Applicant does not disclose the square footage of the hotel units in the SDPI, but visually
they appear to be much smaller than 700 square feet. Based on calculations made by our client,
which are reflected on a portion of the Applicant's site plan attached as Exhibit B, the size of
the hotel units within the SDPI approved by the Approval Letter, appear to vary in size with 143
units between approximately 276 and 328 square feet and seven units between approximately
334 and 487 square feet.
LDC Section 4.02.16 does not define the term "unit". However, the LDC regularly and consistently
uses the term "unit" to refer to hotel rooms. For example:
a. Section 2.05.01 .A sets forth the maximum density of hotel and motel within the VB-RTO district
at 26 units per gross acre.
b. Section 2.03.07.1.6.e provides that "[a] maximum of 26 units per acre for hote ls and motels
c.section 2.03.07.1.6.9 provides that "three hundred (300) square foot minimum with a five
d
hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%)
qf the total units may exceed the maximum." (emphasis added).
Section 4.02.01 provides that "max. for hotel untts = 500,,,. (emphasis added).
section 2.03.04.8.1.b.5 provides the following "Hotels (7011 hotels onty). Maximum density26 units per acre when located within activity centers and .16 units pei acre when locatedoulside activity centers. The maximum floor area ratio for hotels shali not exceed a factor of0.60.'
Copies of all identified LDC Sections are included in Composite Exhibit C
56',
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Packet Pg. 210 Attachment: Gateway - Narrative (9940 : Request for Direction - Real Estate Partners International Appeal)
Michael Bosi, AICP, Zoning Director
Collier County Growth Management Department
Page 4
The County zoning stafi contends that the stated 700 square feet unit minimum does not apply to hotel
rooms, but it has offered no explanation for why the very clear and unambiguous text cited calling for
700 square foot minimum unit size does not apply. Staff cannot ignore the clear and unambiguous text
of Table 7 or substitute its own judgment of what it thinks the text should mean. The plain, ordinary
and unambiguous meaning of the text in Table 7 must control.
Because the SDPI is a Mixed Use project, all hotel units therein must meet the minimum 700
square foot unit size in the Overlay for Mixed Use projects. See LDC Section 4.02.16.8, Table
7.
The submissions underlying the Approval Letter fail to demonstrate compliance with this
minimum floor area and the Approval Letter should be rescinded.
Very truly yours,
,fui.ttr.yD. Fridkin
Richard C. Grant
Charles C. Whiftington
For the Firm
cc: Client
Attachments:- GFP Check No. 51972 in the amount of $1 ,000;- Exhlbit A - Approval Letter- Exhibit B - SDPI with square footage calculations- Exhibit C - LDC Sections
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Packet Pg. 211 Attachment: Gateway - Narrative (9940 : Request for Direction - Real Estate Partners International Appeal)
EXHIBIT
Gro & Malagem€flt Departrnert
Devebpment Revia,v Divbion
July 01, 2019
Patrick Vanasse. AICP
RWA. lnc
6601 Willow Park Drive, Suite 200
Naples, FL 34109
RE: lnsubstantial Change No. P120180002049
Gateway (FKA Trio) (SDPI)
Dear Applicant
On June 25, 2019, the Board of County Commissioners approved Resolution No. 2019-118 that approved petition
AOA-P120190000305 which appealed the administrative denial of lnsubstantial Site Development Plan Amendment
SDPI-PL20180002049 for Gateway, formerly known as Trio. ln accordance with this Resolution, this letter shall
serve as the approval of your submittal of plans that include the following changes:
. Changed the name of the project ftom Tdo to Gateway.. Changed the property owner information.. Revised the usage square footage breakdowl ofthe proposed building. The square footage ofthe building
will remain the same as previously approved.
This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations
STIPULATIONS:
lssuance of a development permit by a county does not in any way create any rights on the part of the applicant
to obtain a permit from a state or fede€l agency and does not create any liability on the part of the county for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a
state or federal agency or undertakes ac{ions that result in a violation of state or federal law. This permit is
conditioned on all other appli€ble state or federal permits being obtained before commencement of the
development.
Addressing - When the sign permit is applied for the project name can only be called Gateway not Gateway of
Naples.
Transportation Planning 07/26ilS lnformatjonal Comment: No County ROW permit is required sinc€ no work is
shown within a County roadway ROW. An FDOT permit is required for median improvements on Davis Blvd. and
for construction of site aca€ss driveways on Davis Blvd. and LJS 41 and must be provided prior to the
pre-construction meeting.
Transportation Planning 07/26l'18 Stipulation: Prior to preconstruction meeting, the applicant needs to complete
the payment reimbursement for removal of County landscaping within the Davis Blvd. ROW. Please coordinate
with the County Landscape Operations Manager, Pam Lulich, PamelaLulich@colliergov.net, 239-252$29'l lo
complete the process.
Transportation Planning 07/26l'18 Stipulation: The OR Book and page reference for the access easement for
interconnection with the adjacent property to the east, as shown on plan sheet SDP-'1, must be provided prior to
issuance of a Certificate of Occupancy (CO).
Transportation Planning - lt is the understanding of staff that this prcject, Gateway, FKA Trio, and the project
immediately to the east, Mini-Triangle, have submitted ROW permit applications to FDOT. As US41 is regulated
by FDOT, if such permitting results in any changes to the submitted access locations, additional site permifting
may be required prior to any construction onsite.
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Packet Pg. 212 Attachment: Gateway - Exhibit A (9940 : Request for Direction - Real Estate Partners International Appeal)
SIGNAGE RESTRICTIONS:
Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate
building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00,
and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any
sign placement, dimensions, or color depicted on the site and/or architeclural plans approved by this letter.
Please contact Annis Moxam at (239) 252S519 to coordinate possible addressing changes.
"Be advised that this proiect has been reviewed by staff in accordance with the applicant's description of
work as identified in the cover letter. The applicant bears full rssponsibility for identifying AlLlIgpgSSlLggfE
and buildino oermits for anv work shown chanoed on the plans but not identified in the cover letter mav be
reiected oendino further staff review."
Sincerely,
D eulor'z*t ?etizq, Daaoa,t
Growth Management Department
2800 N. Horseshoe Dr.
Naples, Flodda 34104
239-252-2400
cc:Engineering lnspector Supervisor
Customer Service, Addressing
GMD Records
Fire Code Official
Public Utilities
12.A.d
Packet Pg. 213 Attachment: Gateway - Exhibit A (9940 : Request for Direction - Real Estate Partners International Appeal)
PAGE l of 3APPELLANT I S SQUARE FOOTAGE CAICULATION RESULTS
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12.A.e
Packet Pg. 214 Attachment: Gateway - Exhibit B (9940 : Request for Direction - Real Estate Partners International Appeal)
PAGE 2 of 3
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12.A.e
Packet Pg. 215 Attachment: Gateway - Exhibit B (9940 : Request for Direction - Real Estate Partners International Appeal)
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12.A.e
Packet Pg. 216 Attachment: Gateway - Exhibit B (9940 : Request for Direction - Real Estate Partners International Appeal)
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Hotel rooms 20 years ago were
twice as large as some of
today's offerings
queviv, special for USA TODAY Published 12:30 p.m. ET Nov. 4, 2015
CLOSE
Photo courtesy of YOTEL
Twenty years ago the average U.S. hotel room clocked in at just over 350 square feet. But
today's newest hotel brands are selling rooms nearly half that size, with some chains averaging
200, 183, or even just 170 square feet. How did we get here?
First, let's get it out of the way that, yes, the average hotel room in America today is still a
respectable 330 square feet. But, but, but, that's because the majority of existing hotel stock
was built decades ago. You'd be hard pressed to find anything currently under constructi on with
that large of a footprint.
New boutique brands springing up across the country under familiar brand umbrellas are tiny by
comparison. Rooms in Marriott's Moxy Hotels average 183 square feet. The brand also lacks a
12.A.g
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traditional reservation desk, with guests instead checking in via the bar. Rooms in Best
Western's new, ahem, Vīb and GLō brands are just 200 and 249 square feet. And new hotel
brand Yotel, formerly of airport sleeping pod notoriety, says its rooms average just 170 square
feet.
With all of this space saving, what traditional hotel accoutrements are hitting the cutting room
floor? Marriott's Moxy Hotels director, Vicki Poulos tells NBC News:
"It's this idea that we're giving our guests everything they want, and nothing
they don't need."
So smaller rooms make way for larger public spaces. Lobbies become co-working spaces and
lively bar areas where guests and locals feel comfortable spending time. Room service is
replaced by modern vending machines, just as likely to dole out Apple accessories as organic
snacks. Who needs a desk so long as you've got a tablet and free Wi-Fi? Just the transition
from the enormous, deep televisions of the 1990's to today's ultra-thin flatscreens alone can
dramatically affect the layout of each room.
And like so much in travel, much of these changes can be chocked up to millennials. Bjorn
Hanson of New York University's Preston Robert Tisch Center for Hospitality and Tourism tells
NBC says younger customers are allowing the industry:
"Millennials make a really good excuse for smaller rooms. Every square foot
taken out of a room makes it less expensive to build, maintain and air -
condition. We can attribute it to millennials, but the millennia ls gave the
industry a reason to downsize guestrooms."
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