Ordinance 2025-06 INSTR 6640615 OR 6436 PG 1251
RECORDED 2/5/2025 9:34 AM PAGES 19
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$163.00
ORDINANCE NO. 2025 - 06
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
[23-CPS-02417/1902882/1]97
Tamiami Trail-Greenway Road 1 of 2
PL20230008640
12/27/24
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. 2025-0.5 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of ram:' 2025.
ATTEST: , ;.• BOARD OF COUNTY COMMISSIONERS
CRYSTAL`K.KINZ' .LERK COLLIER COUNTY, FLORIDA
ip
By: �-.m-L A By:Attesf oil() •hai w=n's� Deputy Clerk 44,t,ieo,twea•-•
L. Saunders, Chairman
emu_
sigifa ir:•only', y \
Approved as to form and legality:
F(4_ C't A......„--A4MC--
eidi F. Ashton-Cicko 12-27-24
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 This at-dinar-ice filed with th
Exhibit E: Deviations Se retort' of e s Office the
Exhibit F: Development Commitments day of
and acknowtedgeme of that
m fil jeceive t is .at • day
of
[23-CPS-024 1 7/1 9028 82/1]97 By
Tamiami Trail-Greenway Road 2 of 2 Deputy Clerk
PL20230008640
12/27/24
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.
I. 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 TRACT R
MULTI- CLUBHOUSE/
FAMILY 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 BOUNDARY')
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 50%of the sum of
of the Zoned the Zoned Heights
Heights of the of the buildings,
buildings, but not but not less than
less than 15' 15'
MAX.HEIGHT ZONED 45'NTE 3 35'NTE 2
STORIES STORIES
MAX.HEIGHT ACTUAL 52' 42'
ACCESSORY STRUCTURES
MINIMUM YARDS(MEASURED FROM THE TRACT BOUNDARY')
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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C.FILE NAME D..«..P � .i. wno P-3I�
m u950 Encore.way TAMIAMI TRAIL ° a
23075—PUD2 075 PUD Naples,FL.a4110
Phone:(239)254-2000 GREENWAY ROAD MPUD sPs 22
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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,NO°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 NO°25'53"E, 330.61 FEET; THENCE S89°56'55"E,
515.39 FEET; THENCE SO°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, NO°11'20"E, 745.35 FEET FOR A PLACE OF BEGINNING; THENCE
N89°56'55"W, 508.47 FEET; THENCE NO°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 SO°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, NO°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 SO°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, NO°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 NO°25'53"E,
522.53 FEET; THENCE S89°56'S5"E, 345.98 FEET; THENCE SO°25'S3"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:
2024 Collier County Income&Rent Limits for Affordable Housing
Income Limit by Number of People in Unit Rent Limit by Number of Bedrooms in Unit"
2024 Percentage Area Category 1 2 4 1 2 3
Collier Median Income Name
30% Extremely Low $ 21,930 $ 25,050 $ 31,290 $ 587 $ 704 $ 813
County 50% Very Low $ 36,550 $ 41,750 $ 52,150 $ 978 $ 1,173 $ 1,356
Median 60% n/a $ 43,860 $ 50,100 $ 62,580 $ 1,174 $ 1,408 $ 1,627
Household 80% Low $ 58,480 $ 66,800 $ 83,440 $ 1,566 $ 1,878 $ 2,170
Income 100% Median $ 73,100 $ 83,500 $ 104,300 $ 1,958 $ 2,348 $ 2,713
$104,300 120% Moderate $ 87,720 $ 100,200 $ 125,160 $ 2,349 $ 2,817 $ 3,255
140% Gap $ 102,340 $ 116,900 $ 146,020 $ 2,741 $ 3,287 $ 3,798
Source:HUD 2024 Median Income:Florida Housing FinanceCopr.Income end Rent Limits *Gross rent,includes utility allowance.
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 Sheriffs 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.
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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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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
February 4, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-06, which was filed in this office on February 3,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270