Agenda 01/28/2025 Item #17B (Ordinance - approve an ordinance rezoning property from a Rural Agricultural (A) Zoning District partly with an Airport Zoning Overlay )1/28/2025
Item # 17.B
ID# 2024-2353
Executive Summary
Recommendation to approve an ordinance rezoning property from a Rural Agricultural (A) Zoning District partly with an
Airport Zoning Overlay to a Mixed Use Planned Unit Development (MPUD) Zoning District partly with an Airport
Zoning Overlay for a project to be known as Tamiami Trail Greenway Road MPUD to allow development of up to 300
multi-family rental units with affordable housing, and up to 64,000 square feet of gross floor area of commercial
intermediate (C-3) zoning district uses on property located north of Tamiami Trail East, approximately 441 feet west of
intersection of Tamiami Trail East and Greenway Road, in Section 12, Township 51 South, Range 26 East; consisting of
24.41± acres. (This item is a companion to 17A)
OBJECTIVE: To have the Board of County Commissioners ("Board") review staff's findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced
petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable
codes and regulations to ensure that the community's interests are maintained.
CONSIDERATIONS: The subject property is located north of Tamiami Trail East, approximately 441 feet west of the
intersection of Tamiami Trail East and Greenway Road, in Section 12, Township 51 South, Range 26 East, consisting of
24.41± acres. The petitioner seeks to rezone property from a Rural Agricultural (A) Zoning District partly with an
Airport Zoning Overlay to a Mixed-Use Planned Unit Development (MPUD) Zoning District partly with an Airport
Zoning Overlay for a project to be known as the Tamiami Trail Greenway Road MPUD to allow development of up to
300 multi-family rental units with affordable housing. Of the 300 units, up to 45 units shall be rented to households at or
below 80% of the county’s area median income, and up to 45 units will be rented to households at or below 100 % of
the county’s area median income. The subject property is comprised of five parcels owned by SREG Greenway LLC, DJ
Greenway LLC, and Kelvin L. Anderson.
The PUD rezoning criteria set forward within the attached CCPC Staff Report has been satisfied.
FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset
the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of
Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit
review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject ±24.41-acre site is located within the Urban Mixed-Use District,
which is intended to accommodate a variety of residential and non-residential land uses, including mixed-use
developments such as Planned Unit Developments such as the proposed development. The project is also located within
the boundaries of the US 41 East Corridor Overlay, specifically within the boundaries identified as a community center.
Per the Future Land Use Amendment, Community Centers are proposed to include moderate to low-intensity mixed-use
development, commercial, residential development, hotel/motel at a maximum density of 26 units per acre, and certain
economic development uses. The proposed 300 units of multifamily residential development are justified by the
commitment of 30% of the units to affordable housing. More specifically, fifteen percent (15%) of the units are to be
rented to households whose incomes do not exceed eighty percent (80%) of the Area Median Income (AMI), and fifteen
percent (15%) of the units will be rented to households whose incomes do not exceed one hundred percent (100%) of the
Area Median Income (AMI). While this commitment is inconsistent with the current affordable housing density bonus
system, these commitments are consistent with the proposed update to the affordable housing density bonus program
(PL20210001291), making it supportable by staff. The proposed GMP subdistrict also includes a maximum of 64,000
square feet of gross floor area (GFA) of Commercial Intermediate (C-3) zoning district uses for which the applicant has
provided a commercial needs analysis; said analysis provided justification of the proposed commercial area by analysis
of the existing FLUE designation/overlay, projected traffic counts/drive times to employment centers, retail
supply/demand, and an economic overview. Comprehensive Planning Staff believes that the petitioner has provided
appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment.
Transportation Element: In evaluating this project, staff reviewed the applicant’s March 5, 2024, Traffic Impact
Page 3365 of 3681
1/28/2025
Item # 17.B
ID# 2024-2353
Statement for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2023 Annual Update and
Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states:
“The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and
proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of
permissible development, with consideration of their impact on the overall County transportation system, and shall not
approve any petition or application that would directly access a deficient roadway segment as identified in the current
AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which
significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific
mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact
statement reveals that any of the following occur:
1. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of
the adopted LOS standard service volume;
2. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the
adopted LOS standard service volume; and
3. For all other links the project traffic is considered to be significant up to the point where it is equal to or
exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of
the traffic impact statement that addresses the project’s significant impacts on all roadways.”
Staff Findings: According to the Traffic Impact Study (TIS) provided with this petition, the proposed development will
generate a projected total of +/- 492 PM peak hour, 2-way trips on the adjacent roadway segments of Tamiami Trail East
(US-41). The trips generated by this development will occur on the following adjacent roadway link:
Link/Roadway Link Current Peak
Hour Peak
Direction
Volume/Peak
Direction
Projected P.M.
Peak Hour/Peak
Direction Project
Trips (1)
2022 AUIR LOS/
Remaining
Capacity
2023 AUIR LOS/
Remaining Capacity
35.0/Collier
Boulevard
Rattlesnake
Hammock Rd. to
US-41 Tamiami
Tr
3,200/North 32/North D/
501
D/
516
36.1/ Collier
Boulevard
US-41 Tamiami
Tr to Wal-Mart
Dr
2,500/North 2/North F/
(121)(2)
F/
(32)(2)
94.0/US-41
Tamiami Trail
East
Triangle Blvd to
Collier Blvd
3,000/East 44/East C/
973
C/
1,076
95.1/US-41
Tamiami Trail
East
Collier Blvd to
Joseph Ln
3,100/East 140/East B/
1,454
B/
1,703
95.2/US-41
Tamiami Trail
East
Joseph Ln to
Greenway Rd
2,000/East 168/East C/
667
C/
682
95.3/US-41
Tamiami Trail
East
Greenway Rd to
San Marco Dr
1,075/East 32/East F/
(113)(2)
B/
728(3)
Page 3366 of 3681
1/28/2025
Item # 17.B
ID# 2024-2353
(1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the March 5, 2024, Traffic Impact
Statement provided by the petitioner.
(2) Existing Deficiency due to Trip Bank. See State Statue bullet points below.
(3) FDOT count data was used, due to better count station locations and accuracy.
Florida Statute 163.3180
Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share.
Facilities determined to be deficient in existing, committed, and vested trips, plus projected background traffic
from any source other than the development, shall be removed from the proportionate share calculation.
The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining
entity.
Applicant must receive a credit for the anticipated road impact fees.
The applicant calculated their proportionate share, and it does not exceed the impact fees anticipated to be
collected.
Based on the TIS, the 2022 and 2023 AUIR, and the State Statute, the subject PUD can be found consistent with Policy
5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that
the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period.
Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element
(CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal
Management Element (CCME). The project site consists of 0.20 acres of native vegetation. A minimum of 0.05 (25%)
acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County.
FLUE CONCLUSION: Based on the above analysis, the petition may be deemed consistent IF the companion GMP
amendment, PL20230008643, is adopted and becomes effective. The PUDZ Ordinance needs to contain an effective
date linked to the effective date of the companion GMPA.
GMP Conclusion: Comprehensive Planning staff found the GMPA request to be consistent with the proposed updated
affordable housing density program and is sufficient for the data provided, analysis, and statutory requirements for the
GMPA. Based on the submitted TIS, Transportation Review staff concurs that the adjacent road network is sufficient for
the capacity of this project proposal within a 5-year planning period. Environmental Review determined the project
proposal is consistent with the CCME and the preservation requirements. Staff is unanimous in a request for approval
for the GMPA, which is a requirement for the approval of the PUD Rezone.
LEGAL CONSIDERATIONS: This is a site specific rezone to a Mixed-Use Planned Unit Development (MPUD)
Zoning District for a project to be known as the Tamiami Trail Greenway Road MPUD. The burden falls upon the
applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to
the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be
arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one
or more of the listed criteria below.
Criteria for PUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments
or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made
for the continuing operation and maintenance of such areas and facilities that are not to be provided or
Page 3367 of 3681
1/28/2025
Item # 17.B
ID# 2024-2353
maintained at public expense? Findings and recommendations of this type shall be made only after
consultation with the County Attorney.
3. Consider: Conformity of the proposed MPUD with the goals, objectives, and policies of the Growth
Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions
on location of improvements, restrictions on design, and buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion.
8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting public purposes to a
degree at least equivalent to literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the Growth
Management Plan elements?
10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent
and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion, create types of traffic deemed
incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic,
including activity during construction phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance
with existing regulations.
20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing
zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts
already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed zoning
classification.
25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability of
adequate public facilities and services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance [Code ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County
Commissioners deem important in protecting public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied
to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons,
and the oral testimony presented at the Board hearing as these items relate to these criteria. Should this item be denied,
Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable
portions of an ordinance, rule, statute, or other legal authority for the denial. This item is approved for form and legality
and requires an affirmative vote of four for Board approval (HFAC).
Page 3368 of 3681
1/28/2025
Item # 17.B
ID# 2024-2353
CCPC RECOMMENDATION: The CCPC, heard Petition PUDZ-PL20240008640, MPUD on December 19, 2024,
and voted 6-0 to forward this petition to the Board with a recommendation of approval with an added Deviation #4 to
the MPUD as explained below. The full findings of Staff are provided within the attached CCPC Staff Report.
Data was presented and an added Deviation #4 was walked on by the applicant. Deviation #4 seeks relief from LDC
Section 6.06.02.A.1., Sidewalks, Bike Lane and Pathway Requirements, which requires all developments must construct
sidewalks and bike lanes within public and private rights-of-way or easements, to instead allow for no sidewalk or bike
lanes to be constructed within the Cecil Road right-of-way to the north of the proposed development. This Deviation #4
was guided, reviewed and approved by staff. The changes were accepted by staff, and these revisions were added to the
Ordinance.
There was a discussion that was had from two people that were not in opposition to the petition. The first was a member
from the nearby CDD who discussed the matter of a fair share agreement with the applicant for a traffic signal at
Tamiami Trail East and Greenway Road. It was agreed during the CCPC hearing that the CDD Member and the
applicant would work a deal offline. The second was a neighbor north of the development who inquired about whether
or not Cecil Road will be used in the project development, which it was clarified and determined at the hearing that
Cecil Road will not be used for the project development.
RECOMMENDATIONS: RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is
reflected in the attached Ordinance and recommends that the Board approve the applicant’s request to rezone to the
MPUD zoning district, subject to approval of the companion GMPA with an effective date linked to the effective date of
the companion GMPA petition.
PREPARED BY: Sean Sammon, Planner III, Zoning Division
ATTACHMENTS:
1. PL20230008640 -PUD Rezone - Staff Report with Updated Affidavits
2. Attachment A - Proposed Ordinance
3. Attachment B - Backup Package
4. Attachment C - Legal Ad & Sign Posting
5. legal ad - agenda IDs 2025-3 & 2024-2353 - Tamiami Trail Greenway Road MPUD&GMPA [PL20230008640 & PL20230008643]
Page 3369 of 3681
Page 1 of 22
PUDZ-PL20230008640 Rev: 11/21/2024
STAFF REPORT
TO:COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT
HEARING DATE:DECEMBER 19, 2024
SUBJECT: PL20230008640: EAST TRAIL MIXED-USE PROJECT PUDZ
______________________________________________________________________________
___
PROPERTY OWNER/AGENT:
Owner: Kelvin Anderson,
Catherine Mazzone Jones
Rev Trust, Rosemary A.
McQueary Irrev Trust
6868 High Meadows Dr
Cincinnati, OH 45230
Agent(s): Robert J. Mulhere, FAICP Rich Yovanovich, Esq.
& Jeremie Chastain, AICP Coleman, Yovanovich, & Koester
Hole Montes, a Bowman Co. 4001 Tamiami Trl N
950 Encore Way Naples, FL 34103
Naples, FL 34110
Contract Purchaser: Investment Properties Corporation of Naples
David Stevens & Robert Caroll
3838 Tamiami Trl N, Ste 402
Naples, FL 34103
REQUESTED ACTION:
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Page 3370 of 3681
Page 2 of 22
PUDZ-PL20230008640 Rev: 11/21/2024 GEOGRAPHIC LOCATION: The subject PUD, consisting of ±24.41 acres, is located at ±441 feet west of the intersection of Tamiami Trail E and Greenway Road and is comprised of five parcels in Section 12, Township 51 South, Range 26 East, Collier County, Florida (See location map) Page 3371 of 3681
Page 3 of 22
PUDZ-PL20230008640 Rev: 11/21/2024
PURPOSE/DESCRIPTION OF PROJECT:
The applicant requests to rezone the subject property from its current zoning designation of
Agricultural into a Mixed-Use Planned Unit Development to be consistent with the companion
Small-Scale Growth Management Plan Amendment (SSGMPA) to establish a new subdistrict.
The rezone request is seeking to allow up to 300 multi-family dwelling units with a maximum of
77,160 square feet of gross floor area (GFA) of commercial uses of the Commercial Intermediate
(C-3) zoning district.
The subject property is comprised of 5 parcels consisting of a total of approximately ±24.41
acres and is located adjacent to and north of Tamiami Trail East, approximately ±441 feet west
of the intersection of Tamiami Trail East and Greenway Road. The parcels adjacent to Tamiami
Trail East are undeveloped, whereas the remaining interior parcels to the project boundary are
developed with single-family residential lots and various agricultural activities.
According to the 2024 Collier County Coastal Flood Map, the subject property lies within the
flood zone designation “AE,” which is a 100-year floodplain, with Base Flood Elevations
determined, and has a high risk of flooding with a 1% chance of flooding each year. There is a
small portion with the flood zone designation of X500, which has a moderate to low risk of
flooding and less than 0.2% chance of annual flooding.
SURROUNDING LAND USE AND ZONING:
North: Developed single-family residential, low density, with a zoning designation of
Agricultural (A).
East: Developed 7-Eleven, then Greenway Road (R.O.W.), and then a mix of vacant
and developed single-family residential with a mixed zoning designation of
Commercial Intermediate (C-3), Agricultural (A) within the Rural Fringe Mixed
Use Overlay – Receiving Lands, respectively.
South: Tamiami Trail East (R.O.W.) and then developed single-family residences with
a zoning designation of Planned Unit Development (PUD) between the
Fiddler’s Creek PUD, with a gross project density of 2.08 units per acre and the
Charlee Estates PUD, with a total density of 4.37 units per acre.
West: Vacant commercial and agricultural and developed Mobile Homes with a
zoning designation of Commercial Convenience (C-2), Agricultural (A), and
Mobile Homes (MH).
Page 3372 of 3681
Page 4 of 22
PUDZ-PL20230008640 Rev: 11/21/2024 Page 3373 of 3681
Page 5 of 22
PUDZ-PL20230008640 Rev: 11/21/2024
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject ±24.41-acre site is located within the Urban
Mixed-Use District, which is intended to accommodate a variety of residential and non-
residential land uses, including mixed-use developments such as Planned Unit Developments
such as the proposed development. The project is also located within the boundaries of the US 41
East Corridor Overlay, specifically within the boundaries of an identified as a community center.
Per the Future Land Use Amendment, Community Centers are proposed to include moderate to
low-intensity mixed-use development, commercial, residential development, hotel/motel at a
maximum density of 26 units per acre, and certain economic development uses. The proposed
300 units of multifamily residential development are justified by the commitment of 30% of the
units to affordable housing. More specifically, fifteen percent (15%) of the units are to be rented
to households whose incomes do not exceed eighty percent (80%) of the Area Median Income
(AMI), and fifteen percent (15%) of the units will be rented to households whose incomes do not
exceed one hundred percent (100%) of the Area Median Income (AMI). While this commitment
is inconsistent with the current affordable housing density bonus system, these commitments are
consistent with the proposed update to the affordable housing density bonus program
(PL20210001291), making it supportable by staff. The proposed subdistrict also includes a
maximum of 64,000 square feet of gross floor area (GFA) of Commercial Intermediate (C-3)
zoning district uses for which the applicant has provided a commercial needs analysis; said
analysis provided justification of the proposed commercial area by analysis of the existing FLUE
designation/overlay, projected traffic counts/drive times to employment centers, retail
supply/demand, and an economic overview. Comprehensive Planning Staff believes that the
petitioner has provided appropriate and relevant data and analysis to address the statutory
requirements for a Plan Amendment.
Transportation Element: In evaluating this project, staff reviewed the applicant’s March 5,
2024, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of
the GMP using the 2023 Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states:
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
affecting the overall countywide density or intensity of permissible development, with
consideration of their impact on the overall County transportation system, and shall not approve
any petition or application that would directly access a deficient roadway segment as identified
in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in
the current AUIR, or which significantly impacts a roadway segment or adjacent roadway
segment that is currently operating and/or is projected to operate below an adopted Level of
Service Standard within the five year AUIR planning period, unless specific mitigating
stipulations are also approved. A petition or application has significant impacts if the traffic
impact statement reveals that any of the following occur:
a. For links (roadway segments) directly accessed by the project where project
traffic is equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume; and
Page 3374 of 3681
Page 6 of 22
PUDZ-PL20230008640 Rev: 11/21/2024
c. For all other links the project traffic is considered to be significant up to the
point where it is equal to or exceeds 3% of the adopted LOS standard service
volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s significant
impacts on all roadways.”
Staff Findings: According to the Traffic Impact Study (TIS) provided with this petition, the
proposed development will generate a projected total of +/- 492 PM peak hour, 2-way trips on
the adjacent roadway segments of Tamiami Trail East (US-41). The trips generated by this
development will occur on the following adjacent roadway link:
Link/Roadway Link Current Peak
Hour Peak
Direction
Volume/Peak
Direction
Projected P.M.
Peak Hour/Peak
Direction Project
Trips (1)
2022 AUIR
LOS/
Remaining
Capacity
2023 AUIR
LOS/
Remaining
Capacity
35.0/Collier
Boulevard
Rattlesnake
Hammock Rd. to
US-41 Tamiami Tr
3,200/North 32/North D/
501
D/
516
36.1/ Collier
Boulevard
US-41 Tamiami Tr
to Wal-Mart Dr
2,500/North 2/North F/
(121)(2)
F/
(32)(2)
94.0/US-41
Tamiami Trail
East
Triangle Blvd to
Collier Blvd
3,000/East 44/East C/
973
C/
1,076
95.1/US-41
Tamiami Trail
East
Collier Blvd to
Joseph Ln
3,100/East 140/East B/
1,454
B/
1,703
95.2/US-41
Tamiami Trail
East
Joseph Ln to
Greenway Rd
2,000/East 168/East C/
667
C/
682
95.3/US-41
Tamiami Trail
East
Greenway Rd to
San Marco Dr
1,075/East 32/East F/
(113)(2)
B/
728(3)
x (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the March
5, 2024, Traffic Impact Statement provided by the petitioner.
x (2) Existing Deficiency due to Trip Bank. See State Statue bullet points below.
x (3) FDOT count data used due to better count station locations and accuracy.
Florida Statute 163.3180
Must allow an applicant to enter into a binding agreement to pay or construct their
proportionate fair share.
Facilities determined to be deficient with existing, committed, and vested trips
plus projected background traffic from any source other than the development
shall be removed from the proportionate share calculation.
The improvement necessary to correct this type of deficiency is the funding
responsibility of the maintaining entity.
Page 3375 of 3681
Page 7 of 22
PUDZ-PL20230008640 Rev: 11/21/2024
Applicant must receive a credit for the anticipated road impact fees.
The applicant calculated their proportionate share, and it does not exceed the
impact fees anticipated to be collected.
Based on the TIS, the 2022 and the 2023 AUIR, and the State Statute, the subject PUD can be
found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan.
The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient
capacity to accommodate this project within the 5-year planning period.
Conservation and Coastal Management Element (CCME): Conservation and Coastal
Management Element (CCME): Environmental review staff has found this project to be
consistent with the Conservation & Coastal Management Element (CCME). The project site
consists of 0.20 acres of native vegetation. A minimum of 0.05 (25%) acres of the existing
native vegetation shall be placed under preservation and dedicated to Collier County.
FLUE CONCLUSION: Based on the above analysis, the petition may be deemed consistent IF
the companion GMP amendment, PL20230008643, is adopted and becomes effective. The
PUDZ Ordinance needs to contain an effective date linked to the effective date of the companion
GMPA.
GMP Conclusion: Comprehensive Planning staff found the GMPA request to be consistent
with the proposed updated affordable housing density program and is sufficient for the data
provided, analysis, and statutory requirements for the GMPA. Based on the submitted TIS,
Transportation Review staff concurs that the adjacent road network is sufficient for the capacity
of this project proposal within a 5-year planning period. Environmental Review determined the
project proposal is consistent with the CCME and the preservation requirements. Staff is
unanimous in a request for approval for the GMPA, which is a requirement for the approval of
the PUD Rezone.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13
B.5, Planning Commission Hearing and Recommendation (commonly referred to as the “PUD
Findings”), and Subsection, 10.02.08 F., Nature of Requirements of Planning Commission
Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s
recommendation. The CCPC uses these same criteria as the basis for their recommendation to
the BCC, who in turn use the criteria to support their action on the rezoning request. An
evaluation relative to these subsections is discussed below under the heading “Zoning and Land
Development Review Analysis.” In addition, staff offers the following analysis.
Environmental Review: Environmental Planning staff has reviewed the PUD petition to address
ecological concerns. The PUD Master Plan notes the preserve will be provided off-site pursuant
to LDC 3.05.07.H.1.f. Two gopher tortoise (Gopherus Polyphemus) burrows were observed
onsite. A Florida Fish and Wildlife Conservation Commission (FWC) permit will be required
prior to approval of the first Development Order. Additionally, data obtained from the Florida
Fish and Wildlife Conservation Commission indicates the presence of black bears in the area. A
black bear management plan will also need to be included at PPL or SDP review; no other listed
species were observed on the property.
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This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2-1193 of
the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend
approval of the proposed petition.
Transportation Review: The Transportation Planning staff has reviewed the petition for
compliance with the GMP and the LDC and recommends approval of the proposed East Trail
Mixed Use Project PUDZ.
Utility Review: The Utilities Department Staff has reviewed the petition and notes the following:
The project lies within the regional potable water service area and the South Collier Water
Reclamation Facility wastewater service area of the Collier County Water-Sewer District
(CCWSD). Water and wastewater services are available via existing infrastructure within the
adjacent right-of-way. Sufficient water and wastewater treatment capacities are available.
Developer commitments are listed in “EXHIBIT F” of the MPUD document under the “PUBLIC
UTILITIES” section.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient
capacity to serve the project will be the responsibility of the owner/developer and will be
conveyed to the CCWSD at no cost to the County at the time of utility acceptance.
Emergency Management Review: Emergency Management (EM) staff provided the following
comment: Collier County Emergency Management at buildout expects approximately 40% of the
total occupancy at two individuals per household, totaling 248 individuals that will require
evacuation shelter. (320 units x 2iph=620 occupants). 640 x.40 taking public shelter refuge
equals 256 evacuees. This number of evacuees will require additional shelter space to be utilized
at local shelter sites, typically located in local public schools. This number of evacuees will
require portable backup power resources not provided in local shelters for the temporary
installation of ventilation, emergency lighting, refrigeration of medicine, communications, and
electrically powered oxygen generators. The Emergency Management (EM) Division is
requesting, as part of the developer’s agreement, to provide a one-time contribution of a
minimum 45kw rental grade diesel towable generator to be provided Free On-Board (FOB),
shipping/delivery is paid for by the purchaser or vendor. No freight/delivery/surcharges or any
other fees are to be incurred by the County, which is in accordance with general specifications
provided by EM at the time of the first certificate of occupancy. EM will provide general
specifications and a list of vendors the developer may consider. EM approval of the unit is
required before purchase. The generator is an open-market sourced item. The unit shall be
delivered without charge to Collier County and titled to the County per staff instructions.
Parks and Recreation Review: Parks and Recreation staff did not have any comments.
Affordable Housing Review: The Housing & Human Services staff has provided the following
comment: Housing Policy & Economic Development Division staff has provided the following
comments, the Tamiami Trail Greenway Road MPUD (and its accompanying GMPA
Subdistrict) proposes to include 300 multifamily rental apartment units at a density of 12.29 units
per acre, along with additional Commercial uses.
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The development proposes to include 30% of the residential units (90 units) as affordable
housing, with 15% (45 units) restricted to households below 80% of the Area Median Income
(AMI) and 15% (45 units) restricted to households below 100% AMI.
For reference, the 2024 Florida Housing Finance Corporation Income and Rent Limits are:
The developer also commits to priority marketing of the affordable units to Essential Services
Personnel and Military Veterans.
All the abovementioned restrictions and commitments will remain in effect for thirty (30) years.
The need for affordable housing units is great in Collier County, as the University of Florida
Shimberg Center for Housing reports that there are currently 51,368 cost-burdened households in
Collier County, with 25,687 of those spending more than 50% of their monthly income on
housing expenses.
The Shimberg Center also reports that the average observed rent for apartments in Collier
County has risen sharply, doubling over the past ten years to now $3,234 (2024).
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Approval of this development will assist Collier County in addressing the continued need for
affordable housing.
Historic Preservation Review: The Historic Archeological Preservation Board, based on county
GIS Historical Probability Maps, there are no Historical Structures, Historical Districts,
Historical/Archaeological Probability Areas, or Archaeological Sites on the subject property;
therefore, staff recommends approval.
Zoning Review: The subject property’s Commercial Tract along US-41 is adjacent to
Commercial Intermediate (C-3) zoned property to the east, which is currently a 7-Eleven gas
station with a car wash. It is also adjacent to undeveloped Commercial Convenience (C-2) zoned
property to the west. The proposed uses for the Commercial Tract are designated as C-3 zoned
uses, such as restaurants, small-scale commercial uses, and possibly medical offices, but no other
anchor use like a grocery store or gas station is included. The applicant originally proposed
including a car wash; however, under staff’s discretion, as well as concerns during the NIM from
the public about two car washes adjacent to each other, the applicant removed the use. All
permitted uses included for the commercial tract are compatible with the surrounding
commercial zoned properties as well as with the multi-family residential property that will be
adjacent north of the commercial tract.
The residential tract will include a total of 300 multi-family residential units, which equates to a
density of 12.29 dwelling units per gross acre. The accessory uses are inclusive of structures
customarily associated with the permitted dwelling units, which include parking structures,
gazebos, fountains, signages, gates & gatehouses. There will also be recreational uses such as
swimming pools, fitness centers, and sports courts for residents and guests. The multi-family
residential structures are adjacent to Agricultural zoned properties with developed single-family
residences to the north and east, and Mobile Home zoned properties with a mix of undeveloped
and developed residences to the west.
The development standards for the multi-family uses in the residential tract include:
Minimum Floor Area 700 SF/DU
Minimum Yards (From Tract
Boundary)
North – Side Yard 25 feet
South – Side Yard 20 feet
East adj to Ag – Side Yard 20 feet
East adj to Greenway Rd – Front Yard 30 feet
West – Rear Yard 20 feet
Minimum Distance Between Structures 50% of sum of zoned heights, no less than 15
feet
Maximum Height Zoned 45 feet, max of 3 stories
Maximum Height Actual 52 feet
The development standards compare to multi-family uses typically found in the RMF-12 base
zoning district. Considering the setbacks, the proposed setbacks, especially for the side yards, are
even more than what is permitted in the RMF-12 base zoning district. The actual maximum
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height of the structure will not create a nuisance or shading issue due to the buffering and
landscaping that will be provided.
The development standards for the commercial uses in the commercial tract include:
Minimum Lot Area 10,000 SF
Minimum Lot width 100 feet
Minimum Yards (From Tract
Boundary)
North – Rear Yard 10 feet
South adj to US-41 – Front Yard 20 feet
East adj to C-3 – Side Yard 10 feet
West adj to Ag – Side Yard 10 feet
Minimum Distance Between Structures 50% of sum of zoned heights, no less than 15
feet
Maximum Height Zoned 35 feet, max of 2 stories
Maximum Height Actual 42 feet
The development standards compare to commercial uses typically found in the Commercial
Intermediate (C-3) zoning district. The building heights will be compatible with the multi-family
residential development adjacent to the commercial tract, which is also typical of common
commercial developments adjacent to US-41. The commercial development will not seriously
affect reduce light and air to adjacent areas with the development standards coupled with the
landscape buffers.
Due to the compatibility of the commercial and residential development to adjacent properties
and the other proposed developments along Greenway Road, staff recommends approval.
CONCURRENT LAND USE APPLICATIONS:
Concurrent land use applications under review are:
PL20230008643: Companion Growth Management Plan Amendment (GMPA) for Multi-family
affordable and commercial.
PL20240004357: Site Development Plan (SDP) - Proposed multi-family development consisting
of 9 buildings (8 multi-family, 1 amenity) and multiple on-site retention areas. The site includes
three parcels (00738960001, 00740080005, 00738920009) and is ±17.99 acres.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08.”
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
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The proposed rezone is compatible with the surrounding lands to the north, south,
and west, designated as an Urban Mixed-Use District and urban Residential
Subdistrict. Lands adjacent to the east, at the northwestern corner of the intersection
of Greenway Road and Tamiami Trail East, are designated as Urban Commercial
Mixed-Use District, Greenway Tamiami Trail East Commercial Subdistrict. The
remaining lands east across Greenway Road are within the Rural Fringe Mixed-Use
District (RFMUD) and are designated Receiving Lands. Receiving Lands are those
lands within the RFMUD that have been identified as being appropriate for
development. There will be direct access to water, sewer, and other utilities, further
establishing this site is well-suited for the addition of commercial and residential
uses.
According to Collier County Public Utilities, a water main is available along
Greenway Road and Kathy Lane. Wastewater mains are available along Tamiami
Trail East and Greenway Road. There are adequate water and wastewater treatment
capacities to serve the proposed project. Any improvements to the CCWSD’s water
or wastewater systems necessary to provide sufficient capacity to serve the project
will be the responsibility of the owner/developer and will be conveyed to the
CCWSD at no cost to the County at the time of utility acceptance.
Including this proposed project, in addition to a few other proposed projects along
Greenway Road, an estimated 2,120 residential units will be developed with access
from Greenway Road. Traffic may be an issue for public safety pending the
submitted Signalization Plan, subject to FDOT approval, in Attachment B, Backup
Package, for Greenway Road and Tamiami Trail East.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contracts, or other instruments or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and facilities
that are not to be provided or maintained at public expense.
Evidence of unified control is provided with this application.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives, policies, and Future Land Use Element of the [GMP].
The Future Land Use designation of the subject property is the Urban Residential
Subdistrict. The purpose of this subdistrict is to provide for higher densities in an area
with fewer natural resource constraints and where existing and planned public
facilities are concentrated. The proposed Tamiami Trail Greenway Road MPUD will
result in commercial and multi-family development in urban Collier County on a site
that can connect to existing public facilities and is consistent with all applicable GMP
Goals, Objectives, and Policies.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
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The property is currently zoned Agricultural and abuts properties that allow for
various residential and commercial uses, a 7-Eleven (within the Greenway Tamiami
Trail East Commercial Subdistrict), Greenway Road, and Tamiami Trail East. The
proposed uses are compatible with the existing zoning and land uses of the
surrounding properties. The proposed PUD will provide for adequate screening and
buffering from adjacent properties. Property development and setback standards will
further ensure compatibility with adjacent uses.
The land adjacent to Tamiami Trail East will be rezoned to Tract C, commercial, and
will be compatible with the existing commercial 7-Eleven at the intersection of
Greenway Road and Tamiami Trail East. The land adjacent to the northeast will be
rezoned to Tract R, residential, and will be compatible with existing residential zoned
Agricultural to the north, Mobile Home to the west, and Agricultural within the
RFMUO-Receiving to the east.
5. The adequacy of usable open space areas in existence and as proposed to serve
the development.
The proposed Tamiami Trail Greenway Road MPUD will provide adequate usable
open space. The proposed open space that is provided meets the minimum open space
requirement of 30% at approximately 7.38 acres.
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private.
The developer will be responsible for the cost of any site-related improvements,
including, but not limited to, access improvements and conveyance-related
improvements to the water and/or sewer distribution system. There will be a
requirement to demonstrate “concurrency” at the time of future subdivision plats or
Site Development Plan(s) for this project. The concurrency process ensures that the
County has the capacity for Category “A” public facilities and services at the time
that project-related impacts will affect (require) such services and facilities. Category
A public facilities are facilities which appear in the various elements of the Collier
County GMP, including arterial and collector roads, surface water management
systems, potable water systems, sanitary sewer systems, solid waste disposal
facilities, and parks and recreation facilities.
According to Collier County Public Utilities, a water main is available along
Greenway Road and Kathy Lane. Wastewater mains are available along Tamiami
Trail E and Greenway Road. There are adequate water and wastewater treatment
capacities to serve the project. Any improvements to the CCWSD’s water or
wastewater systems necessary to provide sufficient capacity to serve the project will
be the responsibility of the owner/developer and will be conveyed to the CCWSD at
no cost to the County at the time of utility acceptance.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
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There are no issues that would limit the ability of the subject property or the
surrounding areas to accommodate this project. Currently, the land adjacent to
Tamiami Trail East that will be rezoned to commercial is vacant. The land adjacent
to the north that will be rezoned to residential has developed residences that will be
demolished and cleared to develop the proposed project.
According to Collier County Public Utilities, a water main is available along
Greenway Road and Kathy Lane. Wastewater mains are available along Tamiami
Trail E and Greenway Road. There are adequate water and wastewater treatment
capacities to serve the project. Any improvements to the CCWSD’s water or
wastewater systems necessary to provide sufficient capacity to serve the project will
be the responsibility of the owner/developer and will be conveyed to the CCWSD at
no cost to the County at the time of utility acceptance.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on a determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
The proposed Tamiami Trail Greenway Road MPUD conforms to the LDC
regulations or contains deviations therefrom, where appropriate, and are included
further in this report.
REZONE FINDINGS:
LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners…shall
show that the planning commission has studied and considered proposed change in relation to the
following when applicable.”
1. Whether the proposed change will be consistent with the goals, objectives, and
policies of the Future Land Use Map (FLUM) and the elements of the GMP.
The proposed change is consistent with the goals, objectives, and policies of the
Future Land Use Element (FLUE), the Future Land Use Map (FLUM), and as
applicable to the Growth Management Plan. The applicant provided a commercial
needs analysis, which is consistent with the GMPA petition request.
2. The existing land use pattern.
The proposed rezone is compatible with the existing land use pattern. Land adjacent
to the north is zoned Agricultural consisting of developed single-family residential
lots. Land adjacent to the south, across Tamiami Trail East, is zoned Planned Unit
Development, known as Charlee Estates and Fiddler’s Creek, and consists of
developed single-family residential lots. Land adjacent to the east is zoned
Commercial Intermediate District (C-3) and is developed with a 7-Eleven; and then
across Greenway Road, land is zoned Agricultural within the Rural Fringe Mixed
Use Overlay, designated as Receiving lands and consists of developed single-family
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residential lots. Land adjacent to the west is zoned Commercial Convenience District
(C-2), which is currently undeveloped, as well as land zoned Mobile Home District
(MH), and is also currently a mix of developed and undeveloped mobile homes.
Regarding the Future Land Use pattern as it currently exists, the lands to the north
and west are designated Urban Mixed-Use District and Urban Residential
Subdistrict. Land to the south is designated Urban Mixed-Use District and Urban
Coastal Fringe Subdistrict. Lastly, the land to the east is designated
Agricultural/Rural within the Rural Fringe Mixed Use District Overlay (A-RFMUO),
designated as Receiving Lands.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
This rezoning will not create an isolated district unrelated to adjacent and nearby
districts. The commercial tract, as shown on the Master Plan, is adjacent to other
commercially zoned properties and Tamiami Trail East. There is a commercial
development adjacent to the east, 7-Eleven, as well as a shopping center to the
southeast within Fiddler’s Creek. The residential portion of the development is
adjacent to lands zoned Agricultural and MH and mostly developed with residential
uses. There will be access to the commercial tract from Tamiami Trail East and will
interconnect to the residential tract. There are two potential interconnections from
the 7-Eleven commercial property and the undeveloped Agricultural property. The
other remaining access points will be from Greenway Road to the east.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Existing boundaries were not illogically drawn in relation to existing conditions in
the
neighborhood. The property is bounded by Tamiami Trail East to the south,
Greenway Road to the east, developed properties to the north, and undeveloped land
to the west, zoned MH and C-2.
5. Whether changed or changing conditions make the passage of the proposed
rezoning necessary.
Changing conditions do not make the passage of the proposed amendment necessary.
However, changing conditions do make the proposed rezone desirable and
appropriate. Market conditions at the present time make it feasible to allow for
viable multi-family residential development that can support an affordable housing
component. Additionally, the population in the area is expected to grow, and the
commercial supply will need to be available to meet the demand in a proximate
location. The location of the proposed commercial component is appropriate, as it is
adjacent to existing commercial development and fronts on Tamiami Trail East.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
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The proposed change will not adversely influence living conditions in the
neighborhood. The proposed commercial uses are found throughout the County
adjacent to and nearby residential development without issue. The development
standards proposed, such as landscape buffers and setbacks, ensure compatibility
with neighboring properties. It is more optimal to have commercial services closer to
residential development in order to reduce vehicle miles traveled over longer
distances.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding
land uses because of peak volumes or projected types of vehicular traffic,
including activity during construction phases of the development, or otherwise
affect public safety.
The proposed change will not create or excessively increase traffic congestion
deemed incompatible with surrounding land uses or otherwise affect public safety. A
TIS consistent with County methodology for the calculation of trip generation and
traffic analysis has been included with this rezoning application. Based on the results
illustrated within this traffic analysis, roadway segments impacted by the proposed
development are currently operating at an acceptable level of service and will
operate at an acceptable level of service in 2028 with or without project traffic.
Furthermore, the developer shall pay the appropriate, applicable Collier County
Road Impact Fee as building permits are issued for the project.
According to Collier County Transportation Review, the roadway infrastructure has
adequate capacity to serve the proposed project at this time and as outlined above,
i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP
Transportation Element consistency review. Operational impacts will be addressed
at the time of the first development order (SDP or Plat). Additionally, the project’s
development must comply with all other applicable concurrency management
regulations when development approvals are sought.
The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure is sufficient to serve the proposed project, as noted in the
Transportation Element consistency review. Operational impacts will be addressed at
the first development order (SDP or Plat), at which time a new TIS will be required
to demonstrate turning movements for all site access points. Finally, the project’s
development must comply with all other applicable concurrency management
regulations when development approvals, including but not limited to any plats and
or site development plans, are sought.
8. Whether the proposed change will create a drainage problem.
The site will be designed to meet all County and SFWMD requirements. No
drainage problems will be created. Collier County Engineering Stormwater reviewed
and approved the application after it satisfied the review criteria.
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9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
Development standards and perimeter landscape buffers ensure that the proposed
change will not seriously reduce light and air to adjacent areas. The proposed actual
maximum height for the residential structures is 52 feet, which is similar to the
RMF-12 zoning district. The proposed maximum zoned height for the commercial
structures is 35 feet and not to exceed two stories, which is similar to commercial
developments located in the C-1 and C-2 zoning districts and is less than the
maximum height allowed for commercial development in the C-3 zoning districts.
There will be no expected light and air reduction to adjacent areas especially with
enhanced landscape buffers and strategic distances between structures.
10. Whether the proposed change will adversely affect property values in the
adjacent area.
The proposed change will not adversely affect property values in the adjacent area. If
approved, the proposed change will likely increase the property values in the
surrounding area by locating goods and services within a short distance and by
providing an attractive, high-quality multi-family residential development.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The proposed change will not be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations. The standards and
conditions within the proposed PUD are only applicable to lands inside the PUD
boundary. The adjacent property owners will still have the ability to go through a
similar zoning entitlement process.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The proposed change does not grant a special privilege to the owner in accordance
with existing regulations because adjacent property owners can develop their
properties as necessary under the regulations of the existing zoning district, or they
have the option to go through a similar planning and zoning entitlement process.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
There are no substantial reasons why the subject property cannot be used in
accordance with the existing Agricultural zoning. However, the Agricultural zoning
does not result in the highest and best use of the property, which is commercial and
residential. The existing zoning does not allow for the proposed commercial uses
necessary to support the increasing population in the surrounding area or the
proposed density, which will further meet and address the County’s housing needs.
Furthermore, the proposed affordable housing units will contribute to the alleviation
of the need for affordable housing units in the County. The site is within the Urban
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area, and there are sufficient public facilities to support the proposed density and
intensity. In order to support the proposed project, the existing Agricultural zoning
district is not sufficient.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County.
The change suggested is not out of scale with the needs of the neighborhood or the
county. Generally accepted planning principles state that providing a variety of
goods and services, such as the uses of the Commercial Intermediate District (C-3)
the proposed rezoning permits, are generally in scale with the needs of the traveling
public and nearby residential development. Locating commercial uses in such a
manner aids in reducing vehicle miles driven and vehicle trips.
The draft 2021 – 2025 Consolidated Plan for Housing and Human Community
Development (Consolidated Plan) prepared for the Collier County Public Services
Department, Community and Human Services division, identified housing
affordability as “high priority level” need. The proposed subdistrict will help the
County achieve the overarching goals of the Consolidated Plan “To provide decent
housing by…increasing the availability of affordable housing” and “To provide a
suitable living environment through safer, more livable neighborhoods, greater
integration of low- and moderate-income residents throughout the County, [and]
increased housing opportunities” (Consolidated Plan, pg. 112).
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
It is not impossible to find other adequate sites in the county for the proposed uses
already permitting such use. However, the proposed development is the highest and
best use of this property as it is within urban Collier County, there are sufficient
public facilities to serve the site, and the property is adjacent to residential and
commercial development and nearby property with existing zoning that permits
commercial development. Combining residential and commercial development
adjacent to a main arterial like Tamiami Trail East and reducing the amount of
vehicle miles traveled is a net benefit for the county. Therefore, the subject property
is more suitable for the proposed use than other areas in the county.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The physical characteristics of the property and the degree of site alteration required
to make the property usable for any of the range of potential uses under the proposed
zoning classification of Mixed-Use Planned Unit Development (MPUD) is typical of
and not different from any other similar development in Collier County. There have
been and continue to be MPUDs developed throughout the county.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County GMP
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and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance [Code Ch. 106, art. II], as amended.
There is availability of adequate public facilities and services consistent with the
levels of service adopted in the Collier County Growth Management Plan and as
defined and implemented through the Collier County Adequate Public Facilities
Ordinance to serve the proposed project.
According to Collier County Public Utilities, the development will have to meet all
applicable criteria set forth in the LDC regarding Adequate Public Facilities. The
project must also be consistent with all applicable goals and objectives of the GMP
regarding adequate public facilities. This petition has been reviewed by county staff
that is responsible for jurisdictional elements of the GMP as part of the rezoning
process, and staff has concluded that the developer has provided appropriate
commitments so that the impacts to the Level of Service (LOS) will be minimized.
18. Such other factors, standards, or criteria that the Board of County
Commissioners shall deem important in protecting public health, safety, and
welfare.
Aside from being consistent with the GMP and the FLUE, the subject property is
being rezoned for the requested MPUD zoning district and plans to provide viable
access for connectivity between the commercial properties adjacent to the south
along US-41 and the adjacent developments along Greenway Road. This won’t
negatively impact the surrounding uses, and staff concurs that the proposed uses and
density are consistent with the neighborhood and the county. Lastly, as stated
previously, an estimated 2,120 residential units are to be developed with access from
Greenway Road. Traffic may be an issue for public safety pending the submitted
Signalization Plan in Attachment B, Backup Package, for Greenway Road and
Tamiami Trail East.
DEVIATION DISCUSSION:
The petitioner is seeking 3 deviations from the requirements of the LDC. The deviations are
directly extracted from PUD Exhibit E. The petitioner’s rationale and staff
analysis/recommendation are outlined below.
Proposed Deviation #1
“Seeks relief from LDC Section 4.06.02- Buffer Requirements, Table 2.4, Footnote 3, which
states that “Buffer areas between commercial out parcels located within a shopping center,
Business Park, or similar commercial development may have a shared [Type A] buffer 15 feet
wide with abutting property contributing 7.5 feet” to allow instead a shared buffer 10 feet wide
with each property within the MPUD contributing 5 feet.
Petitioner’s Justification: Tract C is adjacent to undeveloped, A zoned land to the east, Tract R
to the north, commercial development to the east, and Tamiami Trail E to the south. The
perimeter buffers will ensure the necessary screening and buffering of Tract C to the surrounding
area. The reduced width landscape buffers will be internal to the project. A 7.5-foot width still
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provides sufficient space for attractive, appropriate landscaping and will not result in a negative
impact to the surrounding area.
Staff Analysis and Recommendation: The landscape buffer width will be reduced 5 feet and
each property’s contribution will be reduced 2.5 feet. The reductions will be internal to the PUD
boundary, and the buffer type A will still provide sufficient screening for the nature of the
project. Zoning and Land Development Review staff recommends APPROVAL, finding that,
in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety and welfare of the community"
and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
Proposed Deviation #2
“Seeks relief from LDC Section 4.06.02 – Buffer Requirements, Table 2.4, which requires a 20-
foot wide, Type D perimeter landscape buffer where the proposed multi-family development is
adjacent to Cecil Road” to instead allow for a 15-foot-wide Type B perimeter landscape buffer.
Petitioner’s Justification: Cecil Road is an unimproved dirt drive ±12 feet in width that
provides access to one single-family home external to the site. Due to the low traffic, the
proposed 15-foot Type B perimeter buffer will provide an attractive, appropriate landscape and
sufficient buffering and screening for the proposed development and adjacent single-family
homes.
Staff Analysis and Recommendation: The landscape buffer width will be reduced from 20 feet
to 15 feet, and the buffer type will shift from Type D to Type B. Staff concurs with the applicant
regarding the classification of Cecil Road and traffic volumes for the access road. The reduction
to 15 feet Type B buffer will provide sufficient screening between the proposed multi-family
development and the adjacent single-family homes in the A zoning district. Zoning and Land
Development Review staff recommends APPROVAL, finding that, in compliance with LDC
Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health, safety and welfare of the community" and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.”
Proposed Deviation #3
“Seeks relief from LDC Section 4.05.04 – Parking Space Requirements, Table 17, which
requires a total of 600 parking spaces for the proposed multi-family dwelling units and accessory
amenity uses located within Tract R to instead allow for a parking rate of 1.6 spaces per 1-
bedroom unit and 1.8 spaces per 2-to-3-bedroom units for the residential development within
Tract R.”
Petitioner’s Justification: Based on the Collier County LDC parking standards criterion for
multi-family dwellings and accessory recreational uses, the parking requirement for the subject
property is 600 parking spaces.
Based on the Institute of Transportation Engineers (ITE) specific parking land use codes for the
multi-family dwellings and the Collier County LDC parking criteria for the accessory residential
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PUDZ-PL20230008640 Rev: 11/21/2024
uses, the overall parking requirement for the proposed development is 511 parking spaces.
Though more relevant, the ITE parking rates may be considered more generalized since the data
covers a broader spectrum of projects across the country.
Based on site-specific, local parking rates and consistent with the ITE Parking Generation
Manual time of day distribution, the minimum number of parking spaces required for the
proposed residential development is determined to be 516 parking spaces.
A Parking Demand Study was prepared by Trebilcock Consulting Solutions. Based on the results
of this analysis, the peak parking demands for the proposed individual uses occur at different
times. The proposed development parking supply equates to 1.75 parking spaces per unit (525
total parking spaces) and provides an adequate parking supply with a factor of safety to satisfy
the parking demand for the proposed development. The overall parking supply and demand
includes recreational facilities serving the community. Such a comprehensive approach is subject
to review and approval of an Administrative Parking Reduction (APR), as permitted by County
code. Please see the Parking Demand Study for additional details.
Staff Analysis and Recommendation: Staff provided the applicant a review comment for this
specific deviation to be conducted as an Administrative Parking Reduction (APR) review,
subject to the LDC Sec. 4.05.04.F.4. Consequentially, a Parking Demand Study was completed
by the applicant and is included in Attachment B, beginning on page 184. The applicant
performed the minimum requirements necessary for an APR review. Based on the review, the
subject property includes a parking requirement of 600 parking spaces. The applicant utilized the
ITE for parking land use codes for residential uses in a broad spectrum of projects throughout the
country, and in combination with the Collier County LDC criteria for recreational uses, this
requirement equals a total of 511 parking spaces. Sequentially, the applicant applied more local
rates consistent with the ITE and determined the minimum required parking spaces to be 516
parking spaces. Therefore, the applicant will provide 525 parking spaces in total, 19 of which
will be ADA accessible, and this equates to an overall reduction of 75 parking spaces or 12.5%,
which is substantially less than the maximum 25% allowed for most APRs. Even with the
proposed reduction, the applicant is still providing more parking spaces necessary than the ITE
land use codes that are applied throughout the country and within the local jurisdiction. Further
justification for the overall site parking reduction is applicable to the proximity to the Collier
Area Transit (CAT) Bus Route #24, Government Center – Charlee Estates that circulates through
Greenway Road and the possibility of including bike racks for the residences as an alternative
mode of transportation.
Zoning and Land Development Review staff recommends APPROVAL, finding that, in
compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element
may be waived without a detrimental effect on the health, safety and welfare of the community"
and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on Monday, April 29, 2024, at 5:30 pm at the Rookery Bay
National Estuarine Research Reserve at 300 Tower Road, Naples, Florida 34113.
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PUDZ-PL20230008640 Rev: 11/21/2024
The PUD Rezone and the companion Growth Management Plan Amendment (GMPA) were
presented and discussed at the NIM. In total, there were five members of the public present.
Questions on building height, landscape buffer, and water and sewer impact were confirmed.
Concerns were brought up about Traffic at US41 and Greenway, the proposed use of a carwash,
the requested density of affordable housing, and the environmental impact, which were all
addressed. A NIM summary is included in Exhibit B, beginning on page 236.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition
PUDZ-PL20230008640 to the Board of County Commissioners (BCC) with a recommendation
of Approval, subject to staff conditions of approval that have been incorporated within the PUD
Ordinance.
Attachments:
A. Proposed Ordinance
B. Backup Package
C. Legal Ad and Sign Posting
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[23-CPS-02417/1902882/1]97
Tamiami Trail - Greenway Road
PL20230008640
12/27/24
1 of 2
ORDINANCE NO. 2025 -_____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT PARTLY WITH THE AIRPORT ZONING
OVERLAY TO A MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT PARTLY WITHIN THE AIRPORT
ZONING OVERLAY TO BE KNOWN AS TAMIAMI TRAIL
GREENWAY ROAD MPUD, TO ALLOW CONSTRUCTION OF UP TO
300 MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING
AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL INTERMEDIATE C-3 ZONING DISTRICT USES, ON
PROPERTY LOCATED NORTH OF TAMIAMI TRAIL EAST,
APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI
TRAIL EAST AND GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, CONSISTING OF 24.41± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20230008640]
WHEREAS, Robert J. Mulhere, FAICP, Senior Vice President of Hole Montes and Noel
Davies, Esquire of Davies Duke, PLLC, representing Investment Properties Corp. of Naples,
petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 12,
Township 51 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural
(A) Zoning District partly with the Airport Zoning Overlay, to a Mixed Use Planned Unit
Development (MPUD), partly with the Airport Zoning Overlay, for a 24.41± acre project to be
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[23-CPS-02417/1902882/1]97
Tamiami Trail - Greenway Road
PL20230008640
12/27/24
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known as Tamiami Trail Greenway Road MPUD, to allow construction of a maximum of 300
multi-family dwelling units with affordable housing and 64,000 square feet of gross floor area of
Commercial Intermediate C-3 Zoning District uses, in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2025-____ becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _______ day of ________________ 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: _____________________________ By: ___________________________________
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
Exhibit A: List of Permitted Uses
Exhibit B: Development and Design Standards
Exhibit C: Master Concept Plan
Exhibit D: Legal Description
Exhibit E: Deviations
Exhibit F: Development Commitments
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EXHIBIT A
TAMIAMI TRAIL GREENWAY ROAD MPUD
LIST OF PERMITTED USES
Regulations for the development of the MPUD shall be in accordance with the content of this
document and all applicable sections of the Growth Management Plan (GMP), the Land
Development Code (LDC), and the Administrative Code in effect at the time of approval of the
Site Development Plan (SDP) or plat. Where the MPUD Ordinance does not provide development
standards, then the provision of the specific sections of the LDC that are otherwise applicable shall
apply.
TRACT R (RESIDENTIAL)
I. Principal Uses
A. Multi-family rental dwelling units, not to exceed 300 total dwelling units (12.29
dwelling units per gross acre).
II. Accessory Uses
A. Accessory uses and structures customarily associate with the permitted principal
uses and structures permitted by right in this MPUD, including, but not limited to:
B. Recreational uses and facilities that serve the residents (and their guests) of Tract
R, such as swimming pools, fitness centers, dining facilities, sports courts, and
clubhouse/recreation buildings.
C. Customary accessory uses and structures to multi-family units, including parking
structures, gazebos, fountains, trellises, signage, entry gates and gatehouses,
administrative offices, and similar structures.
D. Temporary sales facilities may be permitted.
TRACT C (COMMERCIAL): A maximum of 64,000 square feet of gross floor area (GFA) is
allowed.
I. Principal Uses
A. The following uses are permitted.
1. Accounting (SIC 8721).
2. Adjustment and collection services (SIC 7322).
3. Advertising agencies (SIC 7311).
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4. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga
and gymnastics instruction, gymnastic schools, and recreation involving
physical fitness exercise only).
5. Animal specialty services, except veterinary (SIC 0752, excluding
outside kenneling).
6. Apparel and accessory stores (SIC 5611—5699).
7. Architectural services (SIC 8712).
8. Auditing (SIC 8721).
9. Auto and home supply stores (SIC 5531).
10. Automobile Parking, automobile parking garages and parking structures
(SIC 7521 — shall not be construed to permit the activity of “tow-in
parking lots”).
11. Automotive services (SIC 7549) except that this shall not be construed to
permit the activity of "wrecker service (towing) automobiles, road and
towing service."
12. Banks, credit unions and trusts (SIC 6011—6099).
13. Barber shops (SIC 7241, except for barber schools).
14. Beauty shops (SIC 7231, except for beauty schools).
15. Bookkeeping services (SIC 8721).
16. Business associations (SIC 8611).
17. Business consulting services (SIC 8748).
18. Business credit institutions (SIC 6153—6159).
19. Business services — miscellaneous (SIC 7389, except auctioneering
service, automobile recovery, automobile repossession, batik work, bottle
exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic
kits, cotton inspection, cotton sampler, directories-telephone, drive-away
automobile, exhibits-building, filling pressure containers, field
warehousing, fire extinguisher, floats-decoration, folding and refolding,
gas systems, bottle labeling, liquidation services, metal slitting and
shearing, packaging and labeling, patrol of electric transmission or gas
lines, pipeline or powerline inspection, press clipping service, recording
studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles, solvent
recovery, sponging textiles, swimming pool cleaning, tape slitting, texture
designers, textile folding, tobacco sheeting, window trimming, and yacht
brokers).
20. Child day care services (SIC 8351).
21. Churches.
22. Civic, social and fraternal associations (SIC 8641).
23. Commercial art and graphic design (SIC 7336).
24. Commercial photography (SIC 7335).
25. Computer and computer software stores (SIC 5734).
26. Computer programming, data processing and other services (SIC 7371—
7379).
27. Credit reporting services (SIC 7323).
28. Direct mail advertising services (SIC 7331).
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29. Drycleaning plants (SIC 7216, nonindustrial drycleaning only).
30. Drug stores (SIC 5912).
31. Eating places (SIC 5812 only). All establishments engaged in the
retail sale of alcoholic beverages for on-premise consumption are subject
to locational requirements of LDC Section 5.05.01.
32. Educational plants and public schools subject to LDC Section 5.05.14.
33. Engineering services (SIC 8711).
34. Essential services, subject to LDC Section 2.01.03.
35. Federal and federally-sponsored credit agencies (SIC 6111).
36. Food stores (groups SIC 5411—5499).
37. Funeral services (SIC 7261, except crematories).
38. Garment pressing, and agents for laundries and drycleaners (SIC 7212).
39. General merchandise stores (SIC 5331—5399).
40. Glass stores (SIC 5231).
41. Hardware stores (SIC 5251).
42. Health services, offices and clinics (SIC 8011—8049).
43. Home furniture and furnishings stores (SIC 5712—5719).
44. Home health care services (SIC 8082).
45. Household appliance stores (SIC 5722).
46. Insurance carriers, agents and brokers (SIC 6311—6399, SIC 6411).
47. Labor unions (SIC 8631).
48. Landscape architects, consulting and planning (SIC 0781).
49. Laundries and drycleaning, coin operated — self service (SIC 7215).
50. Laundries, family and commercial (SIC 7211).
51. Legal services (SIC 8111).
52. Libraries (SIC 8231).
53. Loan brokers (SIC 6163).
54. Management services (SIC 8741 and SIC 8742).
55. Membership organizations, miscellaneous (SIC 8699).
56. Mortgage bankers and loan correspondents (SIC 6162).
57. Museums and art galleries (SIC 8412).
58. Musical instrument stores (SIC 5736).
59. Paint stores (SIC 5231).
60. Personal credit institutions (SIC 6141).
61. Personal services, miscellaneous (SIC 7299 - babysitting bureaus,
clothing rental, costume rental, dating service, debt counseling, depilatory
salons, diet workshops, dress suit rental, electrolysis, genealogical
investigation service, and hair removal only).
62. Personnel supply services (SIC 7361 and SIC 7363).
63. Photocopying and duplicating services (SIC 7334).
64. Photofinishing laboratories (SIC 7384).
65. Photographic studios, portrait (SIC 7221).
66. Physical fitness facilities (SIC 7991; SIC 7911, except discotheques).
67. Political organizations (SIC 8651).
68. Professional membership organizations (SIC 8621).
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69. Public administration (SIC groups 9111—9199, SIC 9229, SIC 9311, SIC
9411—9451, SIC 9511—9532, SIC 9611—9661).
70. Public relations services (SIC 8743).
71. Radio, television and consumer electronics stores (SIC 5731).
72. Radio, television and publishers advertising representatives (SIC 7313).
73. Real Estate (SIC 6531—6552).
74. Record and prerecorded tape stores (SIC 5735).
75. Religious organizations (SIC 8661).
76. Repair services - miscellaneous (SIC 7629—7631, SIC 7699 - bicycle
repair, binocular repair, camera repair, key duplicating, lawnmower repair,
leather goods repair, locksmith shop, picture framing, and pocketbook
repair only).
77. Retail nurseries, lawn and garden supply stores (SIC 5261).
78. Retail services - miscellaneous (SIC 5921—5963 except pawnshops and
building materials, 5992-5999 except auction rooms, awning shops,
gravestones, hot tubs, monuments, swimming pools, tombstones and
whirlpool baths).
79. Secretarial and court reporting services (SIC 7338).
80. Security and commodity brokers, dealer, exchanges and services (SIC
6211—6289).
81. Shoe repair shops and shoeshine parlors (SIC 7251).
82. Social services, individual and family (SIC 8322 activity centers, elderly
or handicapped only; day care centers, adult and handicapped only).
83. Surveying services (SIC 8713).
84. Tax return preparation services (SIC 7291).
85. Travel agencies (SIC 4724, no other transportation services).
86. United State Postal Service (SIC 4311, except major distribution center).
87. Veterinary services (SIC 0742, excluding outdoor kenneling).
88. Videotape rental (SIC 7841).
89. Wallpaper stores (SIC 5231).
90. Any other commercial use which is comparable in nature with the list of
permitted uses, as determined by the Hearing Examiner or Board of
Zoning Appeals (BZA), pursuant to the process outlined in the LDC.
II. Accessory Uses
A. Uses and structures that are accessory and incidental to the permitted uses above.
B. Stormwater management treatment, conveyance facilities, and structures, such as
berms, swales, and outfall structures.
C. Outside storage or display of merchandise when specifically permitted for a use,
otherwise prohibited, subject to LDC Section 4.02.12.
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EXHIBIT B
TAMIAMI TRAIL GREENWAY ROAD MPUD
LIST OF DEVELOPMENT STANDARDS
The table below sets forth the development standards for the uses within the Tamiami Trail
Greenway Road MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat.
TABLE I: TRACT R DEVELOPMENT STANDARDS
TRACT R
MULTI-
FAMILY
TRACT R
CLUBHOUSE/
RECREATION
BUILDINGS
PRINCIPAL STRUCTURES
MIN. LOT AREA N/A N/A
MIN. LOT WIDTH N/A N/A
MIN. FLOOR AREA 700 S.F./D.U. N/A
MINIMUM YARDS (MEASURED FROM THE TRACT BOUNDARY¹)
NORTH (SIDE YARD) 25’ 25’
SOUTH (SIDE YARD) 20’ 20’
EAST, ADJ TO AG ZONED PARCEL (SIDE YARD) 20’ 20’
EAST, ADJ TO GREENWAY ROAD (FRONT YARD) 30’ 30’
WEST, ADJ TO MH ZONED PARCEL (REAR YARD) 20’ 20’
MIN. LAKE SETBACK 0’ from LME² 0’ from LME²
MIN. DISTANCE BETWEEN STRUCTURES 50% of the sum
of the Zoned
Heights of the
buildings, but not
less than 15’
50% of the sum of
the Zoned Heights
of the buildings,
but not less than
15’
MAX. HEIGHT ZONED 45’ NTE 3
STORIES
35’ NTE 2
STORIES
MAX. HEIGHT ACTUAL 52’ 42’
ACCESSORY STRUCTURES
MINIMUM YARDS (MEASURED FROM THE TRACT BOUNDARY¹)
NORTH (SIDE YARD) SPS SPS
SOUTH (SIDE YARD) 10’ 10’
EAST, ADJ TO AG ZONED PARCEL (SIDE YARD) SPS SPS
EAST, ADJ TO GREENWAY ROAD (FRONT YARD) SPS SPS
WEST, ADJ TO MH ZONED PARCEL (REAR YARD) SPS SPS
MIN. LAKE SETBACK 0’ from LME² 0’ from LME²
MIN. DISTANCE BETWEEN STRUCTURES SPS SPS
MAX. HEIGHT ZONED 25’ 25’
MAX. HEIGHT ACTUAL 32’ 32’
N/A = not applicable; SPS = same as principal structures; NTE = not to exceed; S.F = square feet;
BH = building height; LME = lake maintenance easement; ADJ = adjacent.
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TABLE II: TRACT C DEVELOPMENT STANDARDS
TRACT C
COMMERCIAL
PRINCIPAL STRUCTURES
MIN. LOT AREA 10,000 S.F.
MIN. LOT WIDTH 100’
MINIMUM YARDS (MEASURED FROM THE TRACT BOUNDARY)
NORTH (REAR YARD) 10’
SOUTH, ADJ TO TAMIAMI TRAIL EAST (FRONT YARD) 20’
EAST, ADJ TO C-3 ZONED PARCEL (SIDE YARD) 10’
WEST, ADJ TO AG ZONED PARCEL (SIDE YARD) 10’
MIN. LAKE SETBACK 0’ from LME²
MIN. DISTANCE BETWEEN STRUCTURES 50% of the sum of the
Zoned Heights of the
buildings, but not less
than 15’
MAX. HEIGHT ZONED 35’ NTE 2 STORIES
MAX. HEIGHT ACTUAL 42’
ACCESSORY STRUCTURES
MINIMUM YARDS (MEASURED FROM THE TRACT BOUNDARY)
NORTH (REAR YARD) SPS
SOUTH, ADJ TO TAMIAMI TRAIL EAST (FRONT YARD) SPS
EAST, ADJ TO C-3 ZONED PARCEL (SIDE YARD) SPS
WEST, ADJ TO AG ZONED PARCEL (SIDE YARD) SPS
MIN. LAKE SETBACK 0’ from LME²
MIN. DISTANCE BETWEEN STRUCTURES SPS
MAX. HEIGHT ZONED 25’
MAX. HEIGHT ACTUAL 32’
N/A = not applicable; SPS = same as principal structures; NTE = not to exceed; S.F = square feet;
BH = building height; LME = lake maintenance easement; ADJ = adjacent.
Notes
1. Residential Buildings must be designed to provide a minimum 23’ setback from the
building to the edge of an adjacent sidewalk, unless vehicle parking areas are designed
such that parked vehicles will not encroach over the adjacent sidewalk.
2. The LME shall be a separate tract on the plat or SDP.
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TABLE III: PERIMETER LANDSCAPE BUFFERS
Direction Buffer Type
North 15’ Type B
South, adjacent to A zoned property 10’ Type A
South, adjacent to Tamiami Trail East 20’ Type D
South, adjacent to C-3 zoned property 15’ Type B
East, adjacent to Greenway Road 20’ Type D
East, adjacent to C-3 zoned property 10’ Type A
West, adjacent to MH zoned property 15’ Type B
West, adjacent to A zoned property 10’ Type A
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EXHIBIT D
TAMIAMI TRAIL GREENWAY ROAD MPUD
LEGAL DESCRIPTION
PARCEL 1 (ID NO. 00740080005) & PARCEL 2 (ID NO. 00741080101):
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF
SAID SECTION 12, N0°11'20"E, 745.35 FEET; THENCE N89°56'55"W, 508.47 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING N89°56'55"W, 317.20 FEET; THENCE
N54°18'59"W, 254.14 FEET; THENCE N0°25'53"E, 330.61 FEET; THENCE S89°56'55"E,
515.39 FEET; THENCE S0°11'20"W, 473.41 FEET TO THE POINT OF BEGINNING, AND
BEING A PART OF THE SOUTHEAST 1/4 OF SAID SECTION 12, AND; THE SOUTH 216.00
FEET OF THE FOLLOWING PARCEL:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF
SAID SECTION 12, N0°11'20"E, 745.35 FEET FOR A PLACE OF BEGINNING; THENCE
N89°56'55"W, 508.47 FEET; THENCE N0°11'20"E, 473.41 FEET; THENCE S89°56'55"E,
508.47 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID EAST
LINE S0°11'20"W, 473.41 FEET TO THE PLACE OF BEGINNING, AND BEING PART OF
THE SOUTHEAST 1/4 OF SECTION 12. LESS AND EXCEPT THEREFROM THE EAST 30
FEET OF SAID PARCEL.
PARCEL 3 (ID NO. 00738920009):
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF
SAID SECTION 12, N0°11'20"E, 154.53 FEET FOR A PLACE OF BEGINNING; THENCE
N54°18'59"W, 1014.13 FEET; THENCE S89°56'55"E, 825.67 FEET TO THE EAST LINE OF
SAID SECTION 12; THENCE ALONG SAID EAST LINE S0°11'20"W, 590.82 FEET TO THE
PLACE OF BEGINNING, BEING IN THE SOUTHEAST QUARTER OF SECTION 12.
PARCEL 4 (ID NO. 00738960001):
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF
SAID SECTION 12, N0°11'20"E, 154.53 FEET; THENCE N54°18'59"W, 1259.27 FEET TO A
PLACE OF BEGINNING:
THENCE CONTINUING N54°18'59"W, 423.66 FEET TO THE WEST LINE OF THE EAST 1/4
OF THE EAST 1/4 OF SAID SECTION 12; THENCE ALONG SAID WEST LINE N0°25'53"E,
522.53 FEET; THENCE S89°56'55"E, 345.98 FEET; THENCE S0°25'53"W, 769.35 FEET TO
THE PLACE OF BEGINNING.
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PARCEL 7 (ID NO. 00739160004):
LOTS 1, 2, 3, 4, 5, 6, & 7 OF AN UNRECORDED PLAT, BEING MORE SPECIFICALLY
DESCRIBED AS: BEGINNING AT THE SOUTH EAST CORNER OF SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, SOUTH 00°00'00" RUN 335.26 FEET TO A POINT,
THENCE NORTH 54°36'00" WEST 484.26 FEET TO A POINT ON NORTH RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 41 AND BEING POINT OF BEGINNING. THENCE NORTH
54°36'00" WEST 900.00 FEET ALONG THE NORTH RIGHT-WAY-LINE OF U.S. HIGHWAY
NO. 41 TO A POINT; THENCE NORTH 35°24'00" EAST 400 FEET TO A POINT; THENCE
SOUTH 54°36'00" EAST 900 FEET TO A POINT, THENCE SOUTH 35°24'00" WEST 400 FEET
TO A POINT OF BEGINNING, BEING 8.26 ACRES, MORE OR LESS, IN SECTION 12, AND
A FRACTIONAL PART IN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA LESS BEGINNING AT SOUTHEAST CORNER OF SECTION
12 RUN SOUTH 0°00'00" 335.26 FEET TO A POINT ON NORTH RIGHT-OF-WAY LINE OF
U.S. HIGHWAY NO. 41; THENCE NORTH 54°36'00" WEST 1184.26 FEET TO A SET
CONCRETE MARKER ON NORTH RIGHT-OF-WAY OF U.S. HIGHWAY NO. 41 BEING THE
POINT OF BEGINNING, THENCE NORTH 35°24'00" EAST 400 FEET TO A SET CONCRETE
MARKER, THENCE NORTH 54°36'00" WEST 200 FEET TO A SET CONCRETE MARKER,
THENCE SOUTH 35°24'00" WEST 400 FEET TO A SET CONCRETE MARKER ON NORTH
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, THENCE SOUTH 54°36'00" EAST 200
FEET TO POINT OF BEGINNING, BEING 1.83 ACRES, MORE OR LESS, IN SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
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EXHIBIT E
TAMIAMI TRAIL GREENWAY ROAD MPUD
LIST OF DEVIATIONS
1. Deviation 1 (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer
Requirements, Table 2.4, Footnote 3, which states that “Buffer areas between commercial
outparcels located within a shopping center, Business Park, or similar commercial development
may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet”
to instead allow a shared buffer 10 feet wide with each property within the MPUD contributing
5 feet.
2. Deviation 2 (Buffer Requirements) seeks relief from LDC Section 4.06.02 – Buffer
Requirements, Table 2.4, which requires a 20-foot wide, Type D perimeter landscape buffer
where the proposed multi-family development is adjacent to Cecil Road to instead allow
for a 15-foot-wide Type B perimeter landscape buffer.
3. Deviation 3 (Parking Space Requirements) seeks relief from LDC Section 4.05.04—
Parking Space Requirements, Table 17, which requires a total of 600 parking spaces for the
proposed multi-family dwelling units and accessory amenity uses located within Tract R
to instead allow 525 parking spaces if the SDP is for a housing mix of 138 1-bedroom; 132
2-bedroom; and 30 3-bedroom units; and the amenities include 3,500 sf leasing office,
1,500 sf gym, 3,000 sf meeting space, 1,500 sf pool, 1 bocce court and 1 putting green.
Any change to the foregoing will require an Administrative Parking Reduction per the LDC
with the associated parking demand study.
4. Deviation 4 (Sidewalks, Bike Lane and Pathway Requirements) seeks relief from LDC Section
6.06.02.A.1 – Sidewalks, Bike Lane and Pathway Requirements, which requires all
developments must construct sidewalks and bike lanes within public and private rights-of-way
or easements to instead allow for no sidewalk or bike lanes to be constructed within the Cecil
Road right-of-way to the north of the proposed development.
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EXHIBIT F
TAMIAMI TRAIL GREENWAY ROAD MPUD
LIST OF DEVELOPER COMMITMENTS
The purpose of this section is to set forth the development commitments for the development of
this project.
1. PUD MONITORING
a. One entity (hereinafter the Managing Entity) shall be responsible for MPUD
monitoring until close-out of the MPUD, and this entity shall also be responsible
for satisfying all MPUD commitments until close-out of the MPUD. At the time of
this MPUD approval, the Managing Entity is DJ Greenway, LLC. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor
entity, then it must provide a copy of a legally binding document, to be approved
for legal sufficiency by the County Attorney. After such approval, the Managing
Entity will be released of its obligations upon written approval of the transfer by
County staff, and the successor entity shall become the Managing Entity. As Owner
and Developer sell off tracts, the Managing Entity shall provide written notice to
the County that includes an acknowledgment of the commitment required by the
MPUD by the new owner and the new owner’s agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity will not be
relieved of its responsibility under this Section. When the MPUD is closed out, then
the Managing Entity is no longer responsible for the monitoring and fulfillment of
MPUD commitments.
b. Issuance 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 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 obligation imposed by
a state or federal agency or undertakes actions that result in a violation of state or
federal law. (Section 125.022, FS)
c. All other applicable state or federal permits must be obtained before
commencement of the development.
2. TRANSPORTATION
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a. The maximum total daily trip generation for the MPUD shall not exceed 492 two-
way PM peak hour net trips based on the use codes in the ITE Manual on trip
generation rates in effect at the time of application for SDP/SDPA or subdivision
plat approval.
b. Vehicular and pedestrian interconnection will be provided to the west of Tract C to
allow access to all connection points with the adjacent property, consistent with the
conceptual MPUD Master Plan, Exhibit C. The final location of the access point
will be coordinated with the adjacent property owner and a cross-access easement,
or an access easement to the public for public use without responsibility of
maintenance by Collier County, will be provided at time of the first Site
Development Plan or Plat. The connection and supporting infrastructure will be
constructed to the property line by the owner or successors or assigns prior to the
first Certificate of Occupancy. The interconnections shall remain open to the public.
c. Vehicular and pedestrian interconnection will be provided to the east of Tract C to
allow access to all connection points with the adjacent property, consistent with the
conceptual MPUD Master Plan, Exhibit C. The final location of the access point
will be coordinated with the adjacent property owner and a cross-access easement,
or an access easement to the public for public use without responsibility of
maintenance by Collier County, will be provided at time of the first Site
Development Plan or Plat. The connection and supporting infrastructure will be
constructed to the property line by the owner or successors or assigns prior to the
first Certificate of Occupancy. The interconnections shall remain open to the public.
d. The owner, its successors and assigns, shall pay its proportionate fair share of the
intersection improvements at the US-41 and Greenway intersection and applicable
portions of Greenway Road, which includes that portion of Greenway Rd from US
41 to the northernmost MPUD property line contiguous to Greenway Rd. The
intersection improvements include but are not limited to signalization, addition of
turns, extending of turn lanes, sidewalk improvements and drainage improvements
by FDOT and/or Collier County. The proportionate fair share of the MPUD
impacts shall be determined by the County at time of the first Site Development
Plan (SDP) or first Plat approval based on the project's trips on Greenway Rd. The
owner, its successors and assigns, shall make payment to Collier County at time of
issuance of the first Certificate of Occupancy (CO) in the MPUD.
3. ENVIRONMENTAL:
a. The minimum required native preservation is ±0.06 Ac. (25% of 0.22 Ac.). Pursuant
to LDC Sec. 3.05.07.H.1.f., the developer will mitigate the preservation
requirement off-site or via payment-in-lieu. If mitigated off-site, the developer shall
donate ±0.24 Ac. (±0.06 Ac x 4) to Collier County or to another government agency.
b. A listed species management plan shall be provided for the project at the time of
Site Development Plan (SDP) approval. The management plan shall address how
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listed species shall be protected. The management plan shall also address black bear
(Ursus Americanus Floridanus) management.
4. AFFORDABLE HOUSING
a. Affordable units. Of the dwelling units constructed within each phase, the
following requirements shall apply:
i. Fifteen percent (15%) of the units will be rented to households whose
incomes do not exceed eighty percent (80%) of the Area Median Income
(AMI) for Collier County with corresponding rent limits as determined
annually by the Florida Housing Finance Corporation or as otherwise
provided by Collier County.
ii. Fifteen percent (15%) of the units will be rented to households whose
incomes do not exceed one hundred percent (100%) of the AMI for Collier
County with corresponding rent limits as determined annually by the
Florida Housing Finance Corporation or as provided by Collier County.
iii. The Affordable Units will be subject to the provisions of under this Section
4 for a period of thirty years (30) from the date of certificate of occupancy
of the first Affordable Unit of each phase.
iv. At each SDP/SDPA, the SDP/SDPA shall identify and quantify the 15% of
the units that will be rented to households whose incomes are up to and
including 80% of AMI for Collier County and the 15% of the units that will
be rented to households whose incomes are up to and including 100% of
AMI for Collier County.
v. By way of example, the 2024 Florida Housing Finance Corporation Income
and Rent Limits are:
b. Preference to Affordable Units shall be given to Essential Service Personnel (ESP)
and military veterans.
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i. For the purposes of this ordinance, ESP means natural persons or families
at least one of whom is employed as police or fire personnel, a childcare
worker, a teacher or other educational personnel, health care personnel,
skilled building trades personnel, active duty military, or a governmental
employee.
ii. Each Affordable Unit shall be held vacant and advertised for ESP and
military veterans in accordance with paragraph iii below for a minimum of
90 days before the issuance of the unit’s certificate of occupancy. In the
event that no ESP or military veteran rents the available Affordable Unit,
then the unit may also be offered to the general public (non-ESP/military
veteran) but shall remain an Affordable Unit and be rent and income
restricted accordingly.
Each subsequent vacancy of an Affordable Unit shall be advertised to ESP
and military veterans in accordance with paragraph iii below and may also
be offered to the general public (non-ESP/military veteran) but shall remain
an Affordable Unit and be rent and income-restricted accordingly.
iii. At a minimum, advertising shall consist of providing written notice to the
Collier County Community and Human Services Division and the human
resource departments for local hospitals, the Collier County Public School
District, Collier County Government, other municipalities within Collier
County, all Emergency Medical Services and fire districts, and the Collier
County Sheriff's Office.
iv. Promotional materials for the development shall identify that the project
prioritizes Affordable Units for ESP and military veteran households.
v. The owner shall maintain a waiting list of pre-qualified ESP and military
veteran renters for subsequent vacancies. Waitlist participants shall be
notified in advance of subsequent vacancies.
vi. This commitment for ESP and military veteran preference shall remain in
effect for a period of 30 years from the date of issuance of the certificate of
occupancy of the first Affordable Unit of each phase.
c. As part of Collier County’s annual monitoring for this PUD, the owner shall provide
to Collier County Community and Human Services Division (CHS) an annual
report at least forty-five (45) days prior to the anniversary of the adoption of this
MPUD that provides the progress and monitoring of occupancy of income and rent-
restricted units. The annual report will be provided in a format approved by CHS.
The owner further agrees to annual on-site monitoring by the County.
Page 3411 of 3681
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5. PUBLIC UTILITIES
a. The project shall connect to the potable water lines available on Greenway Road
and Kathy Lane.
b. At the time of application for subdivision Plans and Plat (PPL) and/or Site
Development Plan (SDP) approval, as the case may be, offsite improvements and/or
upgrades to the water distribution/transmission system may be required to
adequately handle the total estimated peak hour flow to the project. Whether or not
such improvements are necessary, and if so, the exact nature of such improvements
and/or upgrades shall be determined by the County Manager or designee during
PPL or SDP review. Such improvement and/or upgrades as may be necessary shall
be permitted and installed at the developer's expense and may be required to be in
place prior to issuance of a certificate of occupancy for any portion or phase of the
development that triggers the need for such improvements and/or upgrades.
c. At the time of application for subdivision Plans and Plat (PPL) and/or Site
Development Plan (SDP) approval, as the case may be, offsite improvements and/or
upgrades to the wastewater collection/transmission system may be required to
adequately handle the total estimated peak hour flow from the project. Whether or
not such improvements are necessary, and if so, the exact nature of such
improvements and/or upgrades shall be determined by the County Manager or
designee during PPL or SDP review. Such improvement and/or upgrades as may be
necessary shall be permitted and installed at the developer's expense and may be
required to be in place prior to issuance of a certificate of occupancy for any portion
or phase of the development that triggers the need for such improvements and/or
upgrades.
6. EMERGENCY SERVICES
a. Prior to the issuance of the first residential certificate of occupancy, the project shall
provide a one-time shelter mitigation contribution in the amount of two hundred
forty (240) general population cots and seventeen (17) special needs cots and a one-
time developer’s contribution of one (1) 45-KW towable generator to the Collier
County Bureau of Emergency Services.
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TAMIAMI TRAIL GREENWAY ROAD MPUD
DEVIATIONS AND JUSTIFICATIONS
1. Deviation 1 (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer
Requirements, Table 2.4, Footnote 3, which states that “Buffer areas between commercial
outparcels located within a shopping center, Business Park, or similar commercial development
may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet”
to instead allow a shared buffer 10 feet wide with each property within the MPUD contributing
5 feet.
Justification: Tract C is adjacent to undeveloped, A zoned land to the east, Tract R to the
north, commercial development to the east, and Tamiami Trail E to the south. The
perimeter buffers will ensure the necessary screening and buffering of Tract C to the
surrounding area. The reduced width landscape buffers will be internal to the project. A
7.5-foot width still provides sufficient space for attractive, appropriate landscaping and will
not result in a negative impact to the surrounding area.
2. Deviation 2 (Buffer Requirements) seeks relief from LDC Section 4.06.02 – Buffer
Requirements, Table 2.4, which requires a 20-foot wide, Type D perimeter landscape buffer
where the proposed multi-family development is adjacent to Cecil Road to instead allow
for a 15-foot-wide Type B perimeter landscape buffer.
Justification: Cecil Road is an unimproved dirt drive ±12 feet in width that provides access
to one single-family home external to the site. Due to the low traffic, the proposed 15-foot
Type B perimeter buffer will provide attractive, appropriate landscape and sufficient
buffering and screening for the proposed development and adjacent single-family home.
3. Deviation 3 (Parking Space Requirements) seeks relief from LDC Section 4.05.04—
Parking Space Requirements, Table 17, which requires a total of 600 parking spaces for the
proposed multi-family dwelling units and accessory amenity uses located within Tract R
to instead allow 525 parking spaces if the SDP is for a housing mix of 138 1-bedroom; 132
2-bedroom; and 30 3-bedroom units; and the amenities include 3,500 sf leasing office,
1,500 sf gym, 3,000 sf meeting space, 1,500 sf pool, 1 bocce court and 1 putting green.
Any change to the foregoing will require an Administrative Parking Reduction per the LDC
with the associated parking demand study.
Justification: Based on the Collier County LDC parking standards criterion for multi-
family dwellings and accessory recreational uses, the parking requirement for the subject
property is 600 parking spaces.
Based on the Institute of Transportation Engineers (ITE) specific parking land use codes
for the multi-family dwellings and the Collier County LDC parking criteria for the
accessory residential uses, the overall parking requirement for the proposed development
is 511 parking spaces. Though more relevant, the ITE parking rates may be considered
more generalized since the data covers a broader spectrum of projects across the country.
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Based on site-specific, local parking rates and consistent with the ITE Parking Generation
Manual time of day distribution, the minimum number of parking spaces required for the
proposed residential development is determined to be 516 parking spaces.
A Parking Demand Study was prepared by Trebilcock Consulting Solutions. Based on the
results of this analysis, the peak parking demands for the proposed individual uses occur
at different times. The proposed developments parking supply equates to 1.75 parking
spaces per unit (525 total parking spaces) provides an adequate parking supply with a factor
of safety to satisfy the parking demand for the proposed development. The overall parking
supply and demand includes recreational facilities serving the community. Such a
comprehensive approach is subject to review and approval of an Administrative Parking
Reduction (APR), as permitted by County code. Please see the Parking Demand Study for
additional details.
4. Deviation 4 (Sidewalks, Bike Lane and Pathway Requirements) seeks relief from LDC Section
6.06.02.A.1 – Sidewalks, Bike Lane and Pathway Requirements, which requires all
developments must construct sidewalks and bike lanes within public and private rights-of-way
or easements to instead allow for no sidewalk or bike lanes to be constructed within the Cecil
Road right-of-way to the north of the proposed development.
Justification: Cecil Road is an unimproved dirt drive ±12 feet in width that provides access
to one single-family home external to the site and only ±20 feet of the projects frontage on
Cecil Road is a public right-of-way per the Collier County Property Appraiser mapping.
The applicant does not own the property to the west and does not have frontage on
Greenway Road in this location, and there is no existing sidewalk within the adjacent
property or Greenway Road right-of-way to connect to.
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)at 9:00 A.M.on January 28, 2025, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE
89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY
FROM URBAN, MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN,
MIXED USE DISTRICT, TAMIAMI TRAIL GREENWAY ROAD MIXED USE SUBDISTRICT, TO
ALLOW CONSTRUCTION OF 300 MULTIFAMILY RENTAL UNITS WITH AFFORDABLE
HOUSING AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL
INTERMEDIATE, C-3 ZONING DISTRICT USES, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMERCE. THE SUBJECT PROPERTY IS LOCATED NORTH OF TAMIAMI TRAIL EAST,
APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND
GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 24.41± ACRES. [PL20230008643]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT PARTLY WITH THE
AIRPORT ZONING OVERLAY TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT PARTLY WITHIN THE AIRPORT ZONING OVERLAY TO BE KNOWN AS
TAMIAMI TRAIL GREENWAY ROAD MPUD, TO ALLOW CONSTRUCTION OF UP TO 300
MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING AND UP TO 64,000 SQUARE
FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE, C-3 ZONING DISTRICT
USES, ON PROPERTY LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 441
FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD, IN
SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 24.41± ACRES; AND
BY PROVIDING AN EFFECTIVE DATE. [PL20230008640]
Page 3659 of 3681
MULTIFAMILY
A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation i s provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Page 3660 of 3681
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By:
Deputy Clerk (SEAL)
Page 3661 of 3681
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC) at 9:00 A.M. on December 19, 2024, in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING
ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY CHANGING THE
LAND USE DESIGNATION OF PROPERTY FROM URBAN, MIXED USE DISTRICT,
URBAN RESIDENTIAL SUBDISTRICT TO URBAN, MIXED USE DISTRICT,
TAMIAMI TRAIL GREENWAY ROAD MIXED USE SUBDISTRICT, TO ALLOW
CONSTRUCTION OF 300 MULTIFAMILY RENTAL UNITS WITH AFFORDABLE
HOUSING AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL INTERMEDIATE, C-3 ZONING DISTRICT USES, AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT
TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS
LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 441 FEET WEST
OF INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD, IN
SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 24.41± ACRES. [PL20230008643]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED
THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL
(A) ZONING DISTRICT PARTLY WITH THE AIRPORT ZONING OVERLAY TO A
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT PARTLY
WITHIN THE AIRPORT ZONING OVERLAY TO BE KNOWN AS TAMIAMI TRAIL
GREENWAY ROAD MPUD, TO ALLOW CONSTRUCTION OF UP TO 300 MULTI-
FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING AND UP TO 64,000
SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE, C-3
ZONING DISTRICT USES, ON PROPERTY LOCATED NORTH OF TAMIAMI TRAIL
EAST, APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI TRAIL
EAST AND GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26
EAST, CONSISTING OF 24.41± ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PL20230008640]
Page 3662 of 3681
All interested parties are invited to appear and be heard. Copies of the proposed Ordinances will be made
available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government
Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing.
Written comments must be filed with the Zoning Division, prior to December 19, 2024.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-
of-events after the agenda is posted on the County website. Registration should be done in advance of the
public meeting, or any deadline specified within the public meeting notice. Individuals who register will
receive an email in advance of the public hearing detailing how they can participate remotely in this
meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not
responsible for technical issues. For additional information about the meeting, please call Ray Bellows at
252-2463 or email to Ray.Bellows@colliercountyfl.gov
Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC)
will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing
impaired are available in the Board of County Commissioners Office.
Page 3663 of 3681
Collier County Planning Commission
Joseph K. Schmitt, Chairman
Page 3664 of 3681
See reverse for more information
PUBLIC HEARING NOTICE
East Trail Mixed Use Project (Small Scale
GMPA) & (PUDZ)
Petition Type: Growth Management Amendment
Plan & Planned Unit Development Rezone
Petition No.: PL20230008643 & PL20230008640
Planner Name: Parker Klopf & Sean Sammon
Phone: (239) 252-2471 & (239) 252-8422
Collier County Planning Commission:
Date: 12/19/2024
Time: 09:00 AM
Location: 3299 Tamiami Trail East, Building F,
Naples, FL 34112
This is to advise you of an upcoming public hearing
because you may have interest in the proceedings,
or you own property located near the vicinity of the
following property.
For more information, or to register to participate
remotely: https://bit.ly/Public__Hearings
*Remote participation is provided as a courtesy and
is at the user’s risk.The County is not responsible
for technical issues.
For difficulties registering please call Ailyn Padron at
(239) 252-5187 or email to
ailyn.padron@CollierCountyFL.Gov.
Meeting information:Individual speakers may be
limited to five (5) minutes on any item. Persons
wishing to have written or graphic materials included
in the agenda packets must submit materials a
minimum of ten (10) days prior to the respective
public hearing, to the county staff member noted
above. All material used in presentations before the
Collier County Planning Commission will become a
permanent part of the record.
Any person who decides to appeal a decision of the
Collier County Planning Commission will need a
record of the proceedings pertaining thereto and
may need to ensure that a verbatim record of the
proceedings is made, which record includes the
testimony and evidence upon which the appeal is to
be based.
If you are a person with a disability who needs any
accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facilities Management Department,
located at 3335 Tamiami Trail East, Suite 101,
Naples, FL 34112-5356, (239) 252-8380, at least
two (2) days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the
Board of County Commissioners Office.
This petition and other pertinent information related
to this petition is kept on file and may be reviewed at
the Growth Management Community Development
Department building located at 2800 North
Horseshoe Drive, Naples, Florida 34104.
Page 3665 of 3681
Collier County Planning Commission to consider the following:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE
89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY
FROM URBAN, MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN,
MIXED USE DISTRICT, TAMIAMI TRAIL GREENWAY ROAD MIXED USE SUBDISTRICT, TO
ALLOW CONSTRUCTION OF 300 MULTIFAMILY RENTAL UNITS WITH AFFORDABLE
HOUSING AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL
INTERMEDIATE, C-3 ZONING DISTRICT USES, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMERCE. THE SUBJECT PROPERTY IS LOCATED NORTH OF TAMIAMI TRAIL EAST,
APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND
GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 24.41± ACRES. [PL20230008643]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT PARTLY WITH THE AIRPORT
ZONING OVERLAY TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT PARTLY WITHIN THE AIRPORT ZONING OVERLAY TO BE KNOWN AS TAMIAMI
TRAIL GREENWAY ROAD MPUD, TO ALLOW CONSTRUCTION OF UP TO 300 MULTI-
FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING AND UP TO 64,000 SQUARE FEET
OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE, C-3 ZONING DISTRICT USES,
ON PROPERTY LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 441 FEET
WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD, IN SECTION
12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 24.41± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20230008640]
Page 3666 of 3681
Page 3667 of 3681
Page 3668 of 3681
Page 3669 of 3681
Page 3670 of 3681
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)at 9:00 A.M.on January 28, 2025, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE
89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,
SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY
FROM URBAN, MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN,
MIXED USE DISTRICT, TAMIAMI TRAIL GREENWAY ROAD MIXED USE SUBDISTRICT, TO
ALLOW CONSTRUCTION OF 300 MULTIFAMILY RENTAL UNITS WITH AFFORDABLE
HOUSING AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL
INTERMEDIATE, C-3 ZONING DISTRICT USES, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMERCE. THE SUBJECT PROPERTY IS LOCATED NORTH OF TAMIAMI TRAIL EAST,
APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND
GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 24.41± ACRES. [PL20230008643]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT PARTLY WITH THE
AIRPORT ZONING OVERLAY TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD)
ZONING DISTRICT PARTLY WITHIN THE AIRPORT ZONING OVERLAY TO BE KNOWN AS
TAMIAMI TRAIL GREENWAY ROAD MPUD, TO ALLOW CONSTRUCTION OF UP TO 300
MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING AND UP TO 64,000 SQUARE
FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE, C-3 ZONING DISTRICT
USES, ON PROPERTY LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 441
FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD, IN
SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 24.41± ACRES; AND
BY PROVIDING AN EFFECTIVE DATE. [PL20230008640]
Page 3671 of 3681
A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation i s provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Page 3672 of 3681
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By:-HQQLIHU+DQVHQ
Deputy Clerk (SEAL)
Page 3673 of 3681