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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. 12.A Packet Pg. 198 09/10/2019 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 12.A Packet Pg. 199 09/10/2019 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 12.A Packet Pg. 200 09/10/2019 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) 12.A Packet Pg. 201 09/10/2019 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 12.A Packet Pg. 202 12.A.a Packet Pg. 203 Attachment: Hotel Room Exemption Draft (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.a Packet Pg. 204 Attachment: Hotel Room Exemption Draft (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.a Packet Pg. 205 Attachment: Hotel Room Exemption Draft (9940 : Request for Direction - Real Estate Partners International Appeal) C-ouuty EGEIUE JUL 2I 2019 E oiIvt51qt-t 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 12.A.b 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: 12.A.b 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 12.A.c 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', 12.A.c 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 12.A.c 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. 12.A.d 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 l ll:l * ) .; ,4 r\...8 z 0 ] F o : l i ( IiritYll >e. ll< LJFEI<o>& \.,/ l@a- <tso- X I z IJJ Av II , z i F cq Ix UJ L TOTAL HOTEL AREA: z,Lq!)s + 146eqq. Fr.= 9,357 SQ. FT. ,.""," Hottr ust _.1 L___ ) , 1 lst tlooR LJsAa;t tcx AT()\ flHtBrT rsr rtoor txHtElI -= il D; / t-I +E 12.A.e Packet Pg. 214 Attachment: Gateway - Exhibit B (9940 : Request for Direction - Real Estate Partners International Appeal) PAGE 2 of 3 z o ] t- x I Z IJJ A U TI z , - I ! 6UEsI 21 l' TOTAL HOTEL AREA THIS FLOOR: 15'140 SO. FT. txHtStI A--t02I TLOOR5 2 56' ESTROOV.OC\l ON E\HlBn + 12.A.e Packet Pg. 215 Attachment: Gateway - Exhibit B (9940 : Request for Direction - Real Estate Partners International Appeal) oo oc, tr o E Fd c)t4 o + HO Et\ tx 6F ! i9 i'!E I ia !a ! ia l TI"Ei O.HEu iE !: L I i2 I !,a: : -9? ia :?s I "-oG $-?4 I i! c :!;"9i '!E '9; !a " ;5; ; -ot:'98 IIL I I I L '?s -iE P-ciE6ia!-ooI rxil'r- 7 m "j2c -q, :i ! =I .3e ;-<?E-9H! GATI\^r'AY OF NAPLES RESIDINCES. HOTEL. SHOPPFS l i! .'9 E .?E :: , .': ', :r;l tr,l[31 12.A.e Packet Pg. 216 Attachment: Gateway - Exhibit B (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 217Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 218Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 219Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 220Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 221Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 222Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 223Attachment: Gateway - Exhibit C (9940 : Request for Direction - 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Real Estate Partners International Appeal) 12.A.fPacket Pg. 296Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 297Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 298Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 299Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 300Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 301Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 302Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 303Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 304Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 305Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 306Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.fPacket Pg. 307Attachment: Gateway - Exhibit C (9940 : Request for Direction - Real Estate Partners International Appeal) 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 Packet Pg. 308 Attachment: USA Today Article (9940 : Request for Direction - Real Estate Partners International Appeal) 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." 12.A.g Packet Pg. 309 Attachment: USA Today Article (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 310 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 311 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 312 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 313 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 314 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 315 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 316 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 317 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 318 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 319 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 320 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 321 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal) 12.A.h Packet Pg. 322 Attachment: Appeal Documents and Letters (9940 : Request for Direction - Real Estate Partners International Appeal)