Agenda 08/13/2024 Item #16A 7 (Approve maximum height for the Naples Greenway development)08/13/2024
EXECUTIVE SUMMARY
Recommendation to approve the maximum height for the Naples Greenway development
SDP#PL20230014765 under Florida Statute 125.01055(7)(c), the Live Local Act, in effect when the SDP
application was submitted.
_____________________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners approve the maximum height for the Naples
Greenway SDP#PL20230014765 development under Florida Statute 125.01055(7)(c), the Live Local Act (2023).
CONSIDERATIONS: The Naples Greenway project is located at the northeast corner of Greenway Road and
Tamiami Trail East. SDP# PL20230014765 was submitted on February 24, 2024, which provides for 368 units on
23.88±acres for a density of 15.41 units an acre with a maximum building height of 51-feet.
On April 9, 2024 (agenda item 11A), the BCC gave staff guidance regarding the administrative application process
for projects utilizing provisions of the Live Local Act in Collier County.
The guidance given was that in Collier County, the Live Local Act may only be applied to properties with straight
Commercial, Industrial, or Mixed-Use zoning. The Act cannot be applied on properties zoned PUD, even if the
PUD permits commercial, industrial, or mixed-use land uses. This interpretation is supported by a Florida Attorney
General Office (AGO) letter dated July 20, 2023, in response to a question raised by the City of Dania Beach.
Also, at the April 9th meeting, the BCC instructed staff that for purposes of applying the Live Local Act in Collier
County, staff should use the highest residential density available utilizing current provisions in the County’s Land
Development Code and Growth Management Plan, not densities that have been approved through PUDs. This issue
is not addressed in the AGO letter. This interpretation limits residential density available through the Act to 25 units
per acre. The Naples Greenway project is only requesting 15.41 units per acre.
As to density, the Board also directed staff to exclude PUDs from consideration when determining the maximum
allowed height using residential and commercial development within one mile of the proposed development.
Staff has since discovered an issue between the Board’s policy direction issued on April 9, 2024, regarding the
inability to utilize PUDs for approved heights within one-mile of a project and the pending proposed Live Local
Act development known as Naples Greenway SDP#PL20230014765. Staff had issued a Zoning Verification
Letter on November 7, 2023, to Applicant that considered the 100 foot maximum height in the Marco Shores
Fiddlers Creek PUD (Attachment “A”). By removing the PUD from consideration, the height is limited to 50 feet
allowed in the C-3 zoning district, one foot less than the requested 51 feet.
Senate Bill 328 (2024), also known as the Live Local Act Glitch Bill, became effective on May 16, 2024. It
removes PUDs from eligibility under the Act. It appears the Legislature contemplated the issue of changes in the
application or interpretation of the Live Local Act by including the following “grandfathering” clause in Section 3
of Senate Bill 328 (2024), which provides, in part:
An applicant for a proposed development authorized under s. 125.0155(7) or s. 166.04151(7),
Florida Statutes [[the Live Local Act]], who submitted an application, written request, or notice of
intent to utilize such provisions to the county or municipality, as applicable, before the effective date
of this act may notify the county or municipality by July 1, 2024, of its intent to proceed under the
provision of s.125.04055(7) or s. 166.04151(7), Florida Statues, as they existed at the time of
submittal.
As previously stated, SDP# PL20230014765 for the Naples Greenway was submitted on February 24, 2024. The
applicant submitted a written request on June 6, 2024 (Attachment “B”) to proceed under the provisions of the 2023
Live Local Act, Senate Bill 102, not the 2024 amendment, Senate Bill 324.
16.A.7
Packet Pg. 501
08/13/2024
Staff supports the approval of the additional one foot in height since the SDP was pending before the Board's
direction on April 9, 2024.
FISCAL IMPACT: The fiscal implications regarding the application of the Live Local Act are unknown at this
time. While all applications of the Concurrency Management system are applicable to all Site Development Plans
processed under the Live Local Act, proportionate share payments for required improvements may prove
insufficient for the total cost of an individual project.
GROWTH MANAGEMENT IMPACT: The Live Local Act requires that, with the exception of density, height,
and land use described in the Act, the project must satisfy all requirements of the GMP, and with the exception
noted for density, the utilization of the Live Local Act will not impact the GMP.
LEGAL CONSIDERATIONS. This item is approved as to form and legality and requires a majority vote for
Board approval. (HFAC)
RECOMMENDATION: To approve the additional one foot in height for a maximum height of 51 feet for the
Naples Greenway development SDP#PL20230014765.
Prepared by: Mike Bosi - Division Director - Planning & Zoning
ATTACHMENT(S)
1. Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (PDF)
2. Naples Greenway SB102-vesting-request (PDF)
16.A.7
Packet Pg. 502
08/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 29221
Item Summary: Recommendation to approve the maximum height for the Naples Greenway development
SDP#PL20230014765 under Florida Statute 125.01055(7)(c), the Live Local Act, in effect when the SDP
application was submitted.
Meeting Date: 08/13/2024
Prepared by:
Title: Zoning Director – Zoning
Name: Mike Bosi
06/19/2024 4:46 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
06/19/2024 4:46 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch GMD Approver Completed
06/26/2024 10:42 AM
Development Review Cormac Giblin GMCDD Reviewer Completed 06/28/2024 3:01 PM
Unknown Jaime Cook GMCDD Reviewer Completed 07/09/2024 9:54 AM
Growth Management Community Development Department Mike Bosi Growth Management Completed 07/24/2024 8:20 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/06/2024 8:42 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/06/2024 9:03 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 08/06/2024 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/06/2024 9:32 AM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 08/06/2024 10:45 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/13/2024 9:00 AM
16.A.7
Packet Pg. 503
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
November 7, 2023
Stephanie Karol
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
ZLTR- PL20230015755; Zoning Verification Letter for the property with the legal description of
The NW ¼ of the NW ¼ of Section 18, lying North of US 41 (Tamiami Trail), Collier County,
Florida. Township 51 South, Range 27 East of unincorporated Collier County, Florida. Property
ID/Folio Number(s): 00763360003 comprising of +/- 23.97 acres.
Stephanie Karol,
This letter is in response to a Zoning Verification Letter (ZLTR) Application submitted on or about October
11, 2023. The applicant has requested verification of the questions listed below in bold print, which are
followed by staff’s responses.
Zoning:
The current official zoning atlas, an element of the Collier County Land Development Code (LDC),
Ordinance 04-41, as amended, reveals the subject property is located within the Travel Trailer-Recreational
Vehicle Campground (TTRVC) Zoning District.
Questions:
1. Please confirm that the subject property qualifies for the Live Local Act.
According to the “Live Local Act” (Senate Bill 102.7(a)), “A county must authorize multi-
family and mixed-use residential as allowable uses in any area zoned for commercial,
industrial, or mixed-use if at least 40 percent of the residential units in a proposed multi-family
rental development, for a period of at least 30 years as defined ins 420.0004.” The referenced
property is zoned Travel Trailer-Recreational Vehicle Campground (TTRVC). The TTRVC
zoning district is considered commercial zoning pursuant to Section 2.02.02.C. of the LDC.
Staff can conclude that the multi-family development is permitted if the criteria are met as
defined in ins. 420.0004.
2. Please confirm the maximum permitted density.
SB102.7(b) states, “A county may not restrict the density of a proposed development
authorized under this subsection below the highest allowed density on any unincorporated
land in the county where residential development is allowed.” In review of County records,
staff was able to locate a Growth Management Plan Amendment (GMPA) for the Mini-
Triangle PUD (Ord. 22-37) that permits 91.77 dwelling units per acre, making the subject site
eligible for the same density.
3. Please confirm the maximum permitted building height.
SB102.7(c) states, “A county may not restrict the height of a proposed development authorized
under this subsection below the highest currently allowed height for a commercial or residential
16.A.7.a
Packet Pg. 504 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Zoning Verification Letter
ZLTR- PL20230015755
Page 2 of 3
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
whichever is higher.” Staff have conducted research of adjacent zoning districts within a mile
of the referenced property which shows that Marco Shores Fiddler’s Creek PUD (Ord. 84-42,
as amended) has the highest permitted height of 100ft.
4. Please confirm the applicable County development standards that apply to a project
taking advantage of the Live Local Act.
The most applicable development standards would be those established in LDC 4.02 for the
RMF-16 District, including but not limited to, minimum floor area, minimum yard (setback)
requirements, and minimum parking space requirements. The Site Design and Development
Standards and Minimum Parking Space Requirements for RMF-16 are attached for
convenience. Please note this may not be an inclusive list of all development regulations which
may affect the property’s ability to yield the maximum number of dwelling units.
5. Please confirm that none of the Rural Fringe Mixed-Use District (RFMUD) standards
apply to this project.
No, they do not apply. According to LDC Section 2.03.08.A.1.b, projects for which a Rezone
petition has been approved by the County prior to June 19, 2002 - inclusive of all lands not
zoned A, Rural Agricultural are exempt. This project was zoned TTRVC since October 23,
1985, so RFMUD standards would not be applicable to a project utilizing the Live Local Act.
6. Please confirm the County process to secure approvals for this project.
Following the approval of this Zoning Verification Letter, the project can begin the Site
Development Plan approval process.
The information presented in this verification letter is based on the Collier County LDC and/or Growth
Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these
documents could affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as, but not limited to,
concurrency related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County LDC or related ordinances.
This letter represents a determination of Zoning Services Section staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an
Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the
Board of County Commissioners. To obtain copies of any document referenced herein, please contact the
GMD Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com /
Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of
Court’s website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes , Records /
BMR Validated Ordinances.
Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the
applicant to obtain a permit from a state or federal 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 actions that result in a violation of state or
federal law. All other applicable state or federal permits must be obtained before commencement of the
development.
16.A.7.a
Packet Pg. 505 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Zoning Verification Letter
ZLTR- PL20230015755
Page 3 of 3
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov
Should you require additional information, please do not hesitate to call my office at (239) 252-7707.
Researched and prepared by: Reviewed by:
__________________________________ ___________________________________
Stephenne Barter, Planner Raymond Bellows, Zoning Manager
Zoning Services Section Zoning Services Section
__________________________________
Michael Bosi, Division Director
Zoning Services Section
16.A.7.a
Packet Pg. 506 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
10/17/23, 9:53 AM Collier County Property Appraiser
https://www.collierappraiser.com/index.html?ccpaver=1710181149&ccpaver=1710181149 1/1
$ 0
$ 0
$ 0
$ 218,800
$ 0
$ 1,797,750
$ 0
$ 1,797,750
$ 1,218,690
$ 579,060
$ 1,797,750
$ 579,060
Collier County Proper ty AppraiserProperty Summar y
Parcel No 00763360003 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34114
Name / Address LORNA R LYNCH REV TRUST
442 BRADY LANE
City WEST LAKE HILLS State TX Zip 78746
Map No.Strap No.Section Township Range Acres *Estimated
6C18 000100 002 06C18 18 51 27 23.97
Legal 18 51 27 NW1/4 OF NW1/4 LYING N OF US 41
Millage Area 223 Millage Rates *Calculations
Sub./Condo 100 - ACREAGE HEADER School Other Total
Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 4.292 6.0197 10.3117
Latest Sales Histor y
(Not all Sales are listed due to Confidentiality)
Date Book-Page Amount
05/19/22 6136-361
05/19/22 6136-359
02/11/18 5478-103
02/01/85 1122-1661
02/01/67 231-222
2023 Certified Tax Roll
(Subject to Change)
Land Value
(+) Improved Value
(=) Market Value
(-) 10% Non-Homestead Cap
(=) Assessed Value
(=) School Taxable Value
(=) Taxable Value
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
16.A.7.a
Packet Pg. 507 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
10/17/23, 9:54 AM Collier County Property Appraiser
https://www.collierappraiser.com/index.html?ccpaver=1710181149&ccpaver=1710181149 1/1
Collier County Proper ty AppraiserProperty Aerial
Parcel No 00763360003 Site Address*Disclaimer Site City NAPLES Site Zone*Note 34114
Open GIS in a New Window with More Features.
16.A.7.a
Packet Pg. 508 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX
ATTEST___________________________CLERK
COLLIER COUNTY, FLORIDA
TWP 51S RNG 27E SEC(S) 17 & 18
MAP NUMBER:
BY___________________________CHAIRMAN
COMMUNITY DEVELOPMENT DIVISIONTRINITY PLACEC-5
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The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 R-84-37C 11-6-842 1-9-96 CU-95-3 96-153 "DELETED"4 PU-89-17 (EXPIRED)5 LDC-916 8-10-93 CU-93-10 93-3337 10-24-95 LDC-95-3 95-558 2-24-98 PUD-84-7(6) 98-139 2-24-98 DOA-97-3 98-4910 1-12-99 CU-98-20 99-6211 12-12-00 PUD-84-7(8) 00-8412 12-12-00 DPA-00-4 00-45813 12-12-00 CU-00-14 00-46914 "DELETED"15 "DELETED"16 7-9-19 CU-PL-17-2361 19-13617 8-24-21 CU-PL-20-1823 HEX 21-3518 1-24-23 PUDZ-PL-21-46 23-07NO. NAME P.B. Pg.111213141516171819201613S THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON.1613NZONING OVERLAY NOTESOVERLAYS CREATED BYLDC ORD. No. 04-08 1-7-04RFMUO-RECEIVING LANDSRFMUO-NEUTRAL LANDS230 800
SCALE
INDICATES AIRPORT OVERLAY(REFER TO APPENDIX D OF THE LDC)ÕÕÕ Õ Õ Õ Õ Õ Õ Õ Õ Õ
ÕÕÕÕÕÕÕÕÕÕÕ7/10/202316.A.7.a
Packet Pg. 509 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Created: 2023-08-31 09:40:17 [EST]
(Supp. No. 27)
Page 1 of 8
4.05.04 Parking Space Requirements
A. Requirements for off-street parking for uses not specifically mentioned in this section shall be the same as
for the use most similar to the one sought, or as otherwise determined by the County Manager or designee
pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-street parking,
unless specific provision is made to the contrary. For projects subject to architectural design standards, see
LDC section 5.05.08 F. for related provisions.
B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the
following rules shall apply:
1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls,
unless otherwise specifically indicated.
2. In hospitals, bassinets do not count as beds.
3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants
utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of
such seating facilities count as one (1) seat.
4. Where the parking requirements are based on number of employees or persons employed or working
in an establishment and the number of employees increases after the building or structure is occupied,
then the amount of off-street parking provided must be increased in ratio to the increase of the
number of employees.
5. When units of measurements determining number of required off-street parking spaces result in a
requirement of a fractional space, then such fraction equal or greater than one-half (½) shall require a
full off-street parking space.
C. Developers of commercial projects located within commercial zoning districts, business park districts, or a
commercial component of a PUD zoning district, which require a minimum of eighty (80) parking spaces,
providing paved off-street surface parking in excess of 120 percent of the requirements of this LDC shall
request a variance in accordance with Chapter 9. The developer shall be required to provide double the
landscaping required in interior vehicular use areas, as required by section 4.06.00 for those projects
requesting such a variance.
D. Required off-street parking shall be located so that no automotive vehicle when parked shall have any
portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. If
necessary, wheel stops or barriers may be required in order to enforce this provision.
1. Residential off-street parking. Driveways must be at least 23 feet in length, measured from the back of
the sidewalk to the garage, to allow room to park a vehicle on the driveway without parking over the
sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a
perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic by providing equivalent space.
E. Required off-street parking according to the requirements of this Code shall not be reduced in area or
changed to any other use unless the permitted or permissible use that it serves is discontinued or modified,
or equivalent required off-street parking is provided meeting the requirements of this Code.
F. Minimum requirement.
1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or
other business shall be provided with at least one (1) off-street parking space, unless specific provision
is made to the contrary.
16.A.7.a
Packet Pg. 510 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
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(Supp. No. 27)
Page 2 of 8
2. Existing facilities with fuel pumps that meet the off-street parking requirements of LDC section 4.05.04
G. may remove one required off-street parking space to accommodate the installation of a permanent
emergency generator and related fuel storage and screening.
3. Existing assisted living facilities or nursing homes that are subject to LDC section 5.05.04 E. and that
meet the required off-street parking requirements of LDC section 4.05.04 G., may remove up to ten
(10) off-street parking spaces to accommodate the installation of a permanent emergency generator
and related fuel storage and screening.
4. The County Manager or designee may determine the minimum parking requirements for a use which is
not specifically referenced below or for which an applicant has provided evidence that a specific use is
of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be
applied. In making such a determination the County Manager or designee may require submission of
parking generation studies; evidence of parking ratios applied by other counties and municipalities for
the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards
deemed to be appropriate to protect the public health, safety and welfare.
G. Spaces required.
Table 17. Parking Space Requirements.
Airport (civil aviation) 1 per 600 annual enplaned passengers.
Airport (general aviation) 1 per each aircraft tiedown/storage/maintenance area.
Art gallery or museum 1 per 300 square feet of floor area open to the general public.
Archery fields 1 per 1.5 target practice stalls
Athletic fields 25 spaces for each athletic field (baseball, softball, football, soccer,
etc.). The County Manager, or his designee, may administratively
reduce this requirement where the applicant can demonstrate a
reduced need for the required parking due to the type of athletic
facility or where shared parking may be provided on adjacent
public property. Grassed parking may be permitted for not more
than 50 percent of the provided parking.
Auto maintenance center (drive-through) 1 per 250 square feet. Stacking for 5 vehicles for the first bay and 2
for each additional bay.
Auto service station 3.5 per service bay or 1 per 250 square feet, whichever is greater.
Auto/truck/trailer leasing 1 per 500 square feet of roofed building area plus 1 per 2,000
square feet of paved outdoor vehicle storage area. These spaces
shall not be used for the parking of rental vehicles.
Auto/truck/boat/motorcycle/
recreational vehicle repair or body shop
3.5 per service bay or 1 per 250 square feet, whichever is greater.
Auto/truck/boat/motorcycle/recreational
vehicle sales or dealership
1 per 400 square feet of building area except service/body shop
buildings which are 3.5 per service bay or 1 per 250 square feet,
whichever is greater; plus 1 per 2,000 square feet of outdoor
sales/display area.
Auto/truck washing 1 for self-service wash facilities and 1 per employee of the largest
shift for automatic wash facilities. Stacking for 2 vehicles per stall
for self-service wash bays and stacking for 5 vehicles per automatic
carwash lane.
Bank or financial institution 1 per 250 square feet on the first floor and 1 per 300 square feet on
any other floors. Stacking for four vehicles for each drive-up
window not to exceed a total requirement of 15 vehicles exclusive
of automated deposit lanes which require no stacking.
16.A.7.a
Packet Pg. 511 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
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(Supp. No. 27)
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Barbershop/beauty parlor/hair salon 1 per 200 square feet or 3 per barber/beautician haircutting chair,
whichever is greater, and 1.5 per station or booth for nails,
massages, facials, sun tanning, etc.
Beverage center (drive-through) 1 per 250 square feet. Stacking for 5 vehicles for the first drive-
through aisle and 2 for each additional aisle.
Boat ramp Minimum 10 spaces per ramp with dimensions of 10 feet wide by
40 feet long. Vehicular parking shall be provided at 4 spaces per
ramp.
Boat storage (Only for dry storage on a site that has no water access for boats
and those not associated with a self-service storage facility), 1 per
12 dry boat storage spaces.
Bottling establishment 1 per 500 square feet of building area. Office area shall be
calculated at 1 per 275 square feet.
Bowling alley 1 per 200 square feet for bowling area which also includes parking
for locker room area, bowlers' seating/approach area and storage
area plus 1 per 150 square feet for all other uses including offices,
snack bars, lounges, game/pool rooms, and sales areas.
Building supplies/lumberyard (Only for retail sales where the supplies are primarily stored
outside), 1 per 275 square feet of inside retail/office area plus 1 per
1,500 square feet of enclosed or roofed storage structures.
Catering shop 1 per 500 square feet. Sales and display areas shall be computed at
1 per 250 square feet and office area shall be computed at 1 per
300 square feet.
Child care/day nursery/adult day care
center
1 per employee of the largest work shift plus 1 space for every 10
children/adults. In addition, adequate drop off and pickup areas
shall be provided.
Church/house of
worship/temple/synagogue
3 for each 7 seats in chapel or assembly area. Other uses are not
counted except for residential uses. A reduction of this standard to
a minimum of 1 space for each 4 seats, may be applied for in
conjunction with an application for a site development plan,
through the board of zoning appeals after review and
recommendation of the planning commission. This reduction will
only be allowed for expansion created by congregational growth,
for existing church buildings where the applicant can demonstrate
a significant hardship exists. A stacked or other parking plan shall
be submitted with the application which will demonstrate that the
vehicle parking will not have negative impacts upon neighboring
properties and will provide adequate access for emergency
vehicles.
Coin-operated (laundry, self-service) 1 per each 2 washing machines.
Commercial laundry 1 per 500 square feet of building area.
Convenience store/ delicatessen/
takeout prepared food store
1 per 200 square feet plus 1 for each 2 seats provided for food
patrons.
Dance, art, music studio 1 per 250 square feet.
Dry cleaning 1 per 300 square feet.
Equipment rental store 1 per 500 square feet plus 1 per 2,000 square feet of outside
storage/display areas.
Flea market 1 per 50 square feet of sales area or 1 per vendor display booth,
whichever is greater.
16.A.7.a
Packet Pg. 512 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Created: 2023-08-31 09:40:17 [EST]
(Supp. No. 27)
Page 4 of 8
Funeral home/crematories 1 per 75 square feet for room used for services and chapels and 1
per 300 square feet for all other uses.
Furniture/carpet/major appliance store 1 per 600 square feet (this includes retail, office and storage areas).
Golf course 4 per hole plus 1 per 200 square feet for office/lobby/pro
shop/health club/clubhouse/lounge/snack bar/dining/meeting
room areas and 50 percent of normal requirements for exterior
recreation uses including: swimming pools, golf driving ranges and
tennis courts. Golf cart, golf bag and equipment storage rooms;
maintenance buildings; and rooms for mechanical equipment shall
be computed at 1 per 1,000 square feet.
Golf driving range 1 per 2 driving tees and 1 per practice putting green plus normal
requirements for any structures.
Golf (miniature) 1.25 per hole plus normal requirements for any structures.
Heliport, helipad, ultralight flight park 1 per 2 helicopter tie down/storage/service areas plus 1 per 5
ultralight tie down/storage/service areas plus 1 per employee at
largest work shift.
Hospital 11 per 5 patient beds.
Hotel 11 per 10 guestrooms (this includes the required parking for the
hotel office and all accessory recreational facilities that are open to
hotel guests only). Accessory uses shall be computed as follows: 50
percent of normal requirements for restaurants, 1 per 400 square
feet for other retail uses, 1 per 100 square feet for meeting rooms,
ballrooms and convention rooms and 1 per 100 square feet for
lounges, bars and nightclubs.
Industrial use/activity
manufacturing/processing (not otherwise
listed)
1 per 500 square feet or 1 per employee of largest work shift,
whichever is greater. Office/retail areas shall be computed at 1 per
275 square feet.
Interior decorator/design center 1 per 300 square feet of building area.
Junkyard, salvage yard 1 per 500 square feet of roofed area plus 1 per 15,000 square feet
of outside storage area.
Kennel/veterinarian 1 per 200 square feet except for animal holding areas. 1 per 10
animal holding areas.
Landfill 2 per employee of largest [work] shift.
Library, community recreational facility 1 for each 200 square feet or 1 for each 3 seats, whichever is
greater.
Lounge, bar, bottleclub, nightclub, pool
hall (drinking establishment)
1 per 50 square feet plus 1 per 75 square feet for any outdoor
eating/drinking areas.
Marina, boatel 1 per 2 wet boat slips excluding those used for charter boats plus 1
per 5 dry boat storage spaces. Wet slips used for charter boats
(including those for fishing, shelling, diving, and sightseeing
purposes) are computed at 1 per 3 boat passengers based on the
maximum number of passengers and charter boats used for dining
are computed at 1 per 2 boat passengers based on the maximum
number of passengers. Each parking space provided to meet the
marina's boat slip or dry storage parking requirements may also be
credited towards meeting 100 square feet of the parking
requirements for the marina or any permitted marina-related
activities excluding restaurants, lounges/bars and private clubs.
Uses not receiving credit from parking provided for boat slips or dry
16.A.7.a
Packet Pg. 513 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Created: 2023-08-31 09:40:17 [EST]
(Supp. No. 27)
Page 5 of 8
storage spaces shall provide parking at the normal rate for those
uses as required within this LDC.
Medical/dental office or clinic
(outpatient care facility)
1 per 200 square feet.
Model home sales office/center 4 for the first unit and 1.5 for each additional unit.
Motel 12 per 10 guestrooms (this includes the required parking for the
motel office and all accessory recreational facilities designed
primarily for motel guests). Where accessory uses are designed
primarily for motel guests, they shall be computed as follows: 67
percent of normal requirements for restaurants, 1 per 350 square
feet for other retail uses, 1 per 100 square feet for meeting rooms,
ballrooms and convention rooms and 1 per 75 square feet for
lounges, bars and nightclubs.
Nursery, plant (retail) 1 per 250 square feet of roofed and enclosed building area plus 1
per 2,000 square feet of outside display area open to the public.
Nursery, plant (wholesale) 1 per employee of largest work shift plus 1 per 10,000 square feet
of display area and 1 per acre of growing areas.
Office 1 per 300 square feet.
Office (contractor's) 1 per 300 square feet per [of] office area and 1 per 1,000 square
feet per [of] roofed storage area plus 1 per each company vehicle
that will be parked overnight.
Post office 1 per 100 square feet.
Private organizational club, lodge or
fraternal organization
1 per 100 square feet or 1 per 3 seats that will be set up at any
time, whichever is greater. This shall be computed on all areas used
for offices, meeting rooms, restaurants, dining rooms and indoor
recreation. Other uses such as marinas, retail areas and outdoor
recreation areas require additional parking at normal requirements.
Printing establishment 1 per 200 square feet of building area. Retail sales areas shall be
calculated at 1 per 250 square feet and office area shall be
calculated 1 per 300 square feet.
Public buildings (fire, emergency medical
service or sheriff station and jail)
1 per 200 square feet for administrative office area and 2 per
employee of the largest shift for all other areas plus 1 per 5
prisoners based on the maximum holding capacity for any jails.
Recreation facilities (indoor) sports,
exercise, fitness, aerobics, or health
club/skating rink/game room/bingo
parlor
1 per 100 square feet.
Recreation facilities (outdoor) tennis,
racquetball or handball courts
3 per court plus other uses as required.
Research laboratory 1 per 300 square feet of office area plus 1 per 500 square feet of
other areas or 1 per employee of largest workshift, whichever is
greater, plus 3 for visitors.
Residential uses:
Boarding/rooming house, bed and
breakfast residence
1 per rented room plus 2 for owners/employees.
Convalescent home, nursing home, home
for the aged, rehabilitation facility
2 per 5 beds.
Duplex 2 per dwelling unit.
16.A.7.a
Packet Pg. 514 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Created: 2023-08-31 09:40:17 [EST]
(Supp. No. 27)
Page 6 of 8
Single-family house, town/row house,
mobile home, guesthouse, caretaker's
residence
2 per unit.
Dormitory/fraternity/sorority 1 per 2 beds, plus 1 per manager, plus 1 per employee.
Multi-family dwellings All units shall have 1 per unit plus visitor parking computed at 0.5
per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2-bedroom
or larger unit. Office/administrative buildings shall have parking
provided at 50 percent of normal requirements. Where small-scale
recreation facilities are accessory to a single-family or multifamily
project and intended only for the residents of that project,
exclusive of golf courses/clubhouses, the recreation facilities may
be computed at 50 percent of normal requirements where the
majority of the dwelling units are not within 300 feet of the
recreation facilities and at 25 percent of normal requirements
where the majority of the dwelling units are within 300 feet of the
recreation facilities. However, any recreation facility shall have a
minimum of 2 spaces exclusive of parking spaces for dwelling units.
Family care facility, group care facility
(category I and category II), and care
unit,.
Restaurant (walk-up or drive-through
with walk-up window and/or outdoor
seating)
1 per 80 square feet for public use areas including outdoor eating
areas or 1 per 2 seats, whichever is greater, and for non-public use
areas (kitchen, storage, freezer, etc.) 1 per 200 square feet. A
stacking area of 9 vehicles for the first drive-through lane and 6 for
any additional drive-through lanes.
Restaurant (drive-through with no walk-
up window or outdoor seating)
1 per 100 square feet. A stacking area of 10 vehicles for the first
drive-through lane and 7 for any additional drive-through lanes.
Restaurant (fast food) 1 per 70 square feet for public use areas including outdoor eating
areas or 1 per 2 seats, whichever is greater, and for non public use
areas (kitchen, storage, freezer, etc.) 1 per 200 square feet. A
stacking area of 9 vehicles for the first drive-through lane and 4 for
any additional drive-through lanes.
Restaurant (sit-down) 1 per 60 square feet for public use areas including outdoor eating
areas or 1 per 2 seats, whichever is greater, and for non public use
areas (kitchen, storage freezer, etc.) 1 per 200 square feet. Credit
for boat slip parking is allowed where the slips have all necessary
permits and are located on navigable waterways, using the formula
1 boat slip = 1 vehicle space, provided that each and all boat slips
credited shall not be leased or rented for boat storage or utilized
for any purpose other than customers frequenting said restaurant.
Credit for boat slip parking shall be limited to a maximum of 10
percent of a restaurant's required parking not to exceed a total
credit of 10 parking spaces, with the amount credited determined
by the County Manager or designee based on the likelihood of
restaurant customers using these wet slips during peak business
hours of the restaurant.
Retail shop or store (not otherwise listed)
and department stores
1 per 250 square feet of indoor/outdoor retail and office areas plus
1 per 500 square feet for indoor/outdoor storage areas that have
no access for the general public and partly enclosed or open air
garden centers.
16.A.7.a
Packet Pg. 515 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
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(Supp. No. 27)
Page 7 of 8
Schools:
Business school/vo-tech 2 per 5 students plus 4 per 5 faculty/staff members.
College/university 2 per 5 commuter students plus 1 per 2 resident students plus 4 per
5 faculty/staff members.
Elementary/junior high school 5 per 4 staff/faculty members.
Senior high school 1 per faculty/staff member plus 1 per 5 students.
Shopping center 1 space per 250 square feet for centers with a gross floor area less
than 400,000 square feet and not having significant
cinemas/theaters (none or those with a total cinema/theater
seating capacity of less than 5 seats per 1,000 square feet of the
shopping center's gross floor area).
1 space per 200 square feet for all other centers.
No more than 20 percent of a shopping center's floor area can be
composed of restaurants without providing additional parking for
the area over 20 percent.
Regional shopping center parking requirements shall be based
upon gross leasable floor area which shall include any common
area that is leased or used for retail activities.
Rear parking requirements: When more than 10 percent of a
shopping center's total parking requirement is placed in the rear of
the shopping center, the center shall have convenient and well-
lighted front and rear accesses for patrons and employees and the
rear buildings shall be architecturally finished adjacent to rear
accesses.
Sports arena, stadium (outdoor),
racetrack, theater, cinema,
auditorium, or public assembly
area not otherwise listed
1 for each 3 seats/patrons allowed to stand or 1 space per 40 square feet
of spectator seating/standing areas, whichever is greater plus 1 for each
employee/non-spectator who will be present during performances
excluding those arriving by buses. Bus parking is required is required
when employees, non-spectators or spectators will be arriving by bus.
Stables, commercial riding stable,
boarding stable, livery stable and
dude ranch
1 per every 2 stalls.
Storage facility (self-service) 1 per 20,000 square feet of storage buildings plus 1 per 50 vehicle/boat
storage spaces plus 1 per 300 square feet of office areas. Minimum of 4.
Supermarket/grocery/farm stand 1 per 250 square feet. Supermarkets shall also meet the green space
requirements and rear parking requirements as shown pursuant to
shopping centers as set forth in this section.
Swimming pool/hot tubs/spas
(outdoor)
1 per 75 square feet of water areas for the first 1,000 square feet and 1
for each additional 125 square feet of water areas. A single-family house
is exempt from this requirement.
Taxi stand/office 1 space for each employee on the largest working shift, plus 1 space per
taxi.
Television/radio studio 1 per employee of largest shift or 1 per 400 square feet, whichever is
greater; plus 3 for visitors.
Temporary parking for sports
events, religious events or
community events
In the case of a church, community or other sporting event which
operates on an intermittent or seasonal basis, the required off-street
parking may be provided on a temporary basis and need not be
16.A.7.a
Packet Pg. 516 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Created: 2023-08-31 09:40:17 [EST]
(Supp. No. 27)
Page 8 of 8
permanently designated, paved, drained, or landscaped, provided the use
has been approved and [a permit] issued by the County Manager or
designee in accordance with applicable standards for the use.
Travel trailer/recreational vehicle
park campsite
1 per campsite lot or other TTRVC lot.
Warehouse, wholesale
establishment
1 per 1,000 square feet except for sales/office areas which are 1 per 275
square feet.
(Ord. No. 05-27, § 3.S; Ord. No. 10-23, § 3.X; Ord. No. 12-38, § 3.N; Ord. No. 13-56, § 3.L; Ord. No. 16-22, § 3.G;
Ord. No. 18-32, 3.B)
16.A.7.a
Packet Pg. 517 Attachment: Attachment A-PL20230015755 ZLTR - 00763360003 Naples Greenway (29221 : Naples Greenway Live Local Vesting)
Email: ryovanovich@cyklawfirm.com
June 6, 2024
Via Email
Jaime Cook, M.S., CPM
Collier County Development
2800 North Horseshoe Drive,
Naples, Florida 34104
RE: Naples Greenway SDP #PL20230014765 – SB102
Dear Jaime,
The Greystar Development East, LLC (the “Applicant”) is the contract purchaser for the real property
located north Tamiami Trail East and east of Greenway Road (the “Property”) in Collier County, Florida
(the “County”). The Applicant applied for the above referenced SDP on January 24, 2024. The Applicant
received the first round of comments on February 28, 2024 and is addressing the comments it received.
This letter shall serve to preserve the Applicant’s rights and notify the County of the Applicant’s intent to
entitle, permit, and develop the Property in accordance with the Live Local Act (Ch. 2023-17, Laws of Fla.,
codified at § 166.04151(7), Florida Statutes) (the “Live Local Act”).
Specifically, this is a notice to the County that the Applicant intends to proceed under the provisions of
section 166.04151(7) in effect when the SDP was originally submitted on January 24, 2024, as required
pursuant to Section 3 of the Senate Bill 328 (2024), which provides:
An applicant for a proposed development authorized under s. 125.01055(7)
or s. 166.04151(7), Florida Statutes, who submitted an application, written
request, or notice of intent to utilize such provisions to the county
or municipality and which has been received by the county
or municipality, as applicable, before the effective date of this act may
notify the county or municipality by July 1, 2024, of its intent to proceed
under the provisions of s. 125.01055(7) or s. 166.04151(7), Florida
Statutes, as they existed at the time of submittal. A county or municipality
shall allow an applicant who submitted such application, written request,
or notice of intent before the effective date of this act the opportunity to
submit a revised application, written request, or notice of intent to account
for the changes made by this act.
To be clear, the Applicant intends to proceed under the 2023 version of the Live Local Act pursuant to
Senate Bill 102, not the 2024 amendment to the Live Local Act pursuant to Senate Bill 328. Accordingly,
the Applicant intends to have the density and height standards in effect under the 2023 version of the Live
16.A.7.b
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Local Act and as set forth in ZLTR-PL20230015755 (“ZVL”). In the ZVL the County confirmed the
applicable density is 91.77 dwelling units per acre and the maximum height is 100 feet.
If you have any questions, please feel free to contact me.
Sincerely,
/s/ Richard D. Yovanovich
Richard D. Yovanovich, Esq.
cc: Sergio Claure
16.A.7.b
Packet Pg. 519 Attachment: Naples Greenway SB102-vesting-request (29221 : Naples Greenway Live Local Vesting)