Backup Documents 06/25/2019 Item # 8A PP - Presentation.006Gateway/Triangle (ADA)
PL20190000305
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BASIS OF APPEAL
County Staff has determined that a Floor Area Ratio (F.A.R) of .60 now applies to properties within the Bayshore Gateway Triangle.
On January 4, 2019 County Staff denied SDPI-PL20180002049.
County Staff has also retroactively imposed the .60 F.A.R. to SDPA-PL20170002293.
An appeal of the January 4, 2019 administrative decision was timely filed.
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Bayshore/Gateway Triangle Redevelopment Overlay / “Mini Triangle” Catalyst Project
C-4 / Gateway Mixed Use District Overlay – Mixed Use
LOCATION MAP
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The county acknowledges that the true intent of the GMP for the Overlay was to increase intensity of development:
Staff Report ADA-PL20190000305
(Page 9)
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Staff Report ADA-PL20190000305
Page 10)
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COUNTY RELIES
COUNTY IGNORES
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The BCC’s express policy for the Overlay was to increase intensity of development to revitalize the area.
Reading the LDC narrowly to impose a FAR on a hotel use would frustrate the true intent and meaning of the BCC.
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APPLICABLE GROWTH MANAGEMENT PLAN PROVISIONS
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Overlay Portion of FLUE
GMP – SECTION II.4.8
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The BCC’s express policy for redevelopment areas, including the Bayshore Triangle Overlay, is to modify development standards and provide alternate uses in order to incentivize development
and revitalize the area.
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GMP – SECTION V.F.
F. Bayshore/Gateway Triangle Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the
Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing
incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential
densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of
this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development
Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay:
1. Mixed-Use Development: A mix of residential and commercial uses is permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses,
except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as
may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential
areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major
roadways. Parking facilities are encouraged to be located in the rear of the buildings or in parking structures that may be below, at, or above grade, with the buildings oriented closer
to the major roadway to promote traditional urban development.
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GMP – SECTION V.F.4
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BAYSHORE OVERLAY MAP
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The Overlay promotes increased intensity and higher residential densities.
The Overlay was created to revitalize the redevelopment area by providing incentives, including modifications to development standards, that will encourage private sector investment
for development in the area.
The intent and purpose of the Overlay is to allow more intense development.
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APPLICABLE ZONING PROVISIONS
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ESTABLISHMENT OF OVERLAY ZONING DISTRICTS – SECTION 2.03.07(N)(1) - GTMUD
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ESTABLISHMENT OF OVERLAY ZONING DISTRICTS – SECTION 2.03.07(N)(3) - GTMUD
THE INTENT OF THE OVERLAY “IS TO ALLOW MORE INTENSE DEVELOPMENT”
OVERLAY STANDARDS ALWAYS CONTROL
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To facilitate the planning policy relating to Overlay, as stated in the GMP, and the purpose of the Overlay, as stated in the LDC, the BCC established separate and distinct development
standards for the Overlay.
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ESTABLISHMENT OF OVERLAY ZONING DISTRICTS – SECTION 2.03.07(N)(b)(iii)- GTMUD
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TABLE 2, THIRD FOOTNOTE
ESTABLISHMENT OF OVERLAY ZONING DISTRICTS – SECTION 2.03.07(N)(b)(iii)- GTMUD
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REQUIREMENTS FOR MIXED USE PROJECTS IN THE OVERLAY – SECTION 10.02.15
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REQUIREMENTS FOR MIXED USE PROJECTS IN THE OVERLAY – SECTION 10.02.15
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The language could not be more clear. The only plausible understanding is that the site development standards found in Section 4.02.16 exclusively govern the development of projects
in the Overlay.
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STANDARDS FOR DEVELOPMENT IN THE OVERLAY – SECTION 4.02.16
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STANDARDS FOR DEVELOPMENT IN THE OVERLAY – SECTION 4.02.16
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Additional standards were contemplated for specific uses in the Overlay under 2.03.07(N) and 4.02.16.
If the BCC intended to impose C-4 development standards on the hotel component of a mixed-use project in the Overlay, it had every opportunity to do so.
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STANDARDS FOR DEVELOPMENT IN BASE ZONING DISTRICTS – SECTION 4.02.01
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STANDARDS FOR DEVELOPMENT IN BASE ZONING DISTRICTS – SECTION 4.02.01
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There is clear and unambiguous direction to use the Overlay for Overlay site development standards.
The base zoning district tables reinforce the fact that the Overlay regulates development standards.
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It is inconsistent with Section 1.03.01 and it is not a correct interpretation of the Land Development Code to rely upon the base zoning district standards for F.A.R when:
The express language of Section V.F of the GMP is to increase intensity in the Overlay;
The Overlay use standards under Section 2.03.07 tell the reader that the Overlay standards found in 4.02.16 always apply in relation to the underlying zoning standards; and
The base zoning district standards tell the reader not to use the base zoning district standard tables for projects in an Overlay
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LEGISLATIVE HISTORY IS RELEVANT ONLY IF THE LANGUAGE OF THE REGULATION IS AMBIGUOUS.
THE LANGUAGE IS NOT AMBIGUOUS. THE OVERLAY STANDARDS APPLY TO THE HOTEL COMPONENT OF THIS MIXED-USE PROJECT.
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SETTLED FLORIDA LAW ON STATUTORY INTERPRETATION
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Assuming the County’s position is correct, that the omission of a standard somehow creates ambiguity over whether the F.A.R. applies to the hotel component of an MUP in the Overlay,
the legislative history still supports our appeal.
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CCPC LDC AMENDMENT CYCLE
April 13, 2012
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CCPC LDC AMENDMENT CYCLE
April 13, 2012
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CCPC LDC AMENDMENT CYCLE
April 25, 2012
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CCPC LDC AMENDMENT CYCLE
April 25, 2012
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CCPC LDC AMENDMENT CYCLE
MAY 17, 2012
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The GMP expressly encourages more intense development in the Overlay.
The LDC carries forward this policy of the GMP by establishing specific standards for projects in the Overlay.
The legislative history highlights the fact that the special Overlay standards are intended to regulate development in the Overlay.
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EMAIL CORRESPONDENCE – S. SCOTT TO P. VANASSE
June 6, 2018 (RESPONSE TO WHETHER THE FAR APPLIES IN THE OVERLAY)
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APPROVED SDPI
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SDPI PRE-APPROVAL LETTER
AUGUST 1, 2018
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APPLICANT PAYMENT OF ADDITIONAL IMPACT FEES (PER PRE-APPROVAL LETTER)
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FINAL RESPONSE LETTER
AUGUST 30, 2018 (TRAFFIC AND ACCESS COMMENTS ONLY)
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POST-APPROVAL REJECTION LETTER
OCTOBER 16, 2018
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The GMP is clear that the intent of the Overlay was to increase intensity over what exists in the underlying zoning.
The LDC is clear that the development standards in 4.02.16 apply to all projects in the Overlay.
The development standards table the county relies upon clearly states that the special Overlay standards govern.
The county ignores applicable provisions of 1.03.01 of the LDC by solely relying on 1.03.01.D.
The county admits that our interpretation of the development standards for projects in the Overlay is consistent with the GMP.
CONCLUSION
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