1st DCA – High Density Condo Hotel Does not Violate Plan that Sets Residential but not Transient/Hotel/Motel/Temporary Density.
Bay County and Laguna Beach Properties, LLC v Harrison and West Beaches Neighborhood Defense Fund, Inc., 34 Fla. L. Weekly D1099 (Fla. 1st DCA 2009),
The 1st DCA overturned a trial court decision that found a 279 condo/hotel project that is a “resort condominium” under state law to violate a 15 dwelling unit per acre residential density found in the comprehensive plan (the site is about 2 acres). The 1st found that the units were not “dwelling units” and that the plan – unlike many – did not set a separate density for “dwelling units” and “transient” type units (including resort condominiums).
This is a fairly straightforward plan interpretation case on one hand, but on the other shows that the 1st DCA still looks at the interpretation of comp plans with more acuity than almost any other district.
The 1st DCA overturned a trial court decision that found a 279 condo/hotel project that is a “resort condominium” under state law to violate a 15 dwelling unit per acre residential density found in the comprehensive plan (the site is about 2 acres). The 1st found that the units were not “dwelling units” and that the plan – unlike many – did not set a separate density for “dwelling units” and “transient” type units (including resort condominiums).
This is a fairly straightforward plan interpretation case on one hand, but on the other shows that the 1st DCA still looks at the interpretation of comp plans with more acuity than almost any other district.