Agenda 06/24/2025 Item # 9A (Approval Recommendation for Greenway-Fritchey Residential Overlay in Collier County [PL20220002063] )6/24/2025
Item # 9.A
ID# 2025-1920
Executive Summary
Recommendation to approve Resolutions of the Board of County Commissioners proposing amendments to the Collier
County Growth Management Plan, to create the Greenway-Fritchey Residential Overlay, to allow a maximum of 1,299
single family and multifamily residential units with housing that is affordable; and allow the reduction in the littoral shelf
planting requirements. The subject property is located at the northeastern intersection of Greenway Road and Fritchey
Road, approximately a half mile north of Tamiami Trail East (US 41), in Section 7, Township 51 South, Range 27 East,
Collier County, Florida, consisting of approximately 227.09 acres. (Transmittal Hearing) [PL20220002063]
OBJECTIVE: To review and consider approving the proposed large-scale amendment to the Growth Management Plan
(GMP) for transmittal to the Florida Department of Commerce and other statutorily required review agencies.
CONSIDERATIONS: The petition seeks to amend the Future Land Use Element (FLUE), specifically to create a new
overlay, Greenway-Fritchey Residential Overlay, to allow a maximum of 1,299 residential units with 260 for-sale
affordable units (20 percent) reserved for individuals earning at or below 80 percent of the Area Median Income (AMI).
The petition also proposes an amendment to the countywide Future Land Use Map (FLUM) and the creation of a new
map (“Greenway-Fritchey Residential Overlay”) in the FLUM series of the FLUE to identify the newly created Overlay.
Additionally, the petition proposes amending Policy 6.1.7 of the Conservation and Coastal Management Element to
reduce the littoral shelf planting requirements for the project.
The 227.09-acre project site, zoned A Rural Agricultural and Rural Fringe Mixed Use Overlay, Receiving Lands,
includes a Provisional Use for aquaculture (PU-87-6C, Reso. #87-177). A portion of the site is undeveloped, while
another portion is in agricultural operations. The surrounding area features a mix of existing land uses, including single-
family residential areas, mobile homes, and agricultural operations. Note: The companion Planned Unit Development
(PUD) rezone will be presented to the Collier County Planning Commission (CCPC) and Board of County
Commissioners [Board] at the time of adoption of the GMP amendment. The draft PUD document is included in the
GMP amendment backup materials for informational purposes.
The subject property is designated as Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD), Receiving Lands,
and is located within the Coastal High Hazard Area (CHHA), as identified on the countywide Floodplain Management
Unit Map (FLUM). The RFMUD within the FLUE was established in 2002 by Ordinance 02-32 to address agricultural
lands within the transitional area between Golden Gate Estates and the County’s urban area and between the urban area
and the agricultural lands and agricultural operations farther to the east. The land use strategies developed and employed
in the RFMUD direct incompatible land uses away from environmentally sensitive lands. The Sending Lands are those
lands within the RFMUD that have the highest degree of environmental value and sensitivity, generally encompassing
significant wetlands, uplands, and habitats for listed species. The Receiving Lands are those lands identified as being the
most appropriate for development and to which residential units may be received from areas designated as Sending
Lands through a Transfer of Development Rights (TDR) program. The CHHA is the geographical area lying below the
elevation of the Category 1 storm surge line per the Southwest Florida Regional Planning Council’s Hurricane
Evacuation Study; increased density and expenditure of public infrastructure are discouraged in this area.
On February 10, 2015, the Board of County Commissioners (Board) directed staff to initiate the RFMUD restudy. The
focus areas of the restudy included complementary land uses, economic vitality, transportation and mobility, and
environmental stewardship, all of which were addressed through a public outreach effort.
The RFMUD restudy public outreach and staff assessment resulted in the RFMUD White Paper. The White Paper
provided the framework for the restudy effort conducted by staff and served to further inform the Collier County
Planning Commission and the public on those efforts. The RFMUD White Paper provided recommended GMP
amendments to improve the RFMUD and TDR programs by further protecting the environment, conserving agricultural
lands, addressing development characteristics, and establishing new development standards.
In June 2023, the Board adopted restudy-based amendments to the RFMUD. Relevant to this petition, the RFMUD
Receiving Lands now allow the development of affordable housing projects at a maximum density of up to 12.2
dwelling units per acre, subject to clustering provisions and Land Development Code (LDC) Section 2.06.00 for
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affordable housing. The FLUE states that implementing Land Development Code (LDC) regulations, such as design
standards, development standards, and locational criteria, are to be established for affordable housing development
within the RFMUD.
The above-referenced LDC regulations are currently being drafted and will be presented to the CCPC and Board later
this year. Additionally, a proposed LDC amendment, not yet adopted by the Board, to implement the GMP affordable
housing initiatives, adopted by the Board in November 2023, includes modifications to the affordable housing density
bonus table in LDC Section 2.06.03. The changes to the table generally increase density for projects providing
affordable units in the Low (>50 - <80% of Area Median Income (AMI)) and Very-low (<50% of AMI) income
categories. The CCPC heard the LDC amendment on March 6, 2025, and voted to forward the amendment to the Board
with a recommendation of approval; the LDC amendment will be presented to the Board on June 10, 2025.
The proposed GMPA allows a maximum of 1,299 dwelling units, including an affordable housing commitment of 20%
of the units (260 for-sale units) to households earning up to and including 80% of the County’s AMI. The proposed
GMPA does not conform with the existing affordable housing income ranges, density, and requirement to integrate
affordable housing units, with market-rate units in accordance with LDC Section 2.06.00. However, the proposed
affordable housing density and income ranges are consistent with past Board approvals, and with the proposed
modifications to the affordable housing density bonus table in LDC Section 2.06.03. The project’s proposed
development and design standards are generally consistent with past Board approvals. Some projects were approved
with clustering standards and others were approved with deviations to those standards. (Note: The companion petition
(PL20220002061) to rezone the property from Rural Agricultural to the Greenway Fritchey Planned Unit Development
(PUD) establishes the development and design standards for the project.)
Based on staff’s review of the existing affordable housing density bonus table in LDC Section 2.06.03 and the proposed
changes to the affordable housing table via the pending LDCA, the proposed project will provide more affordable units
via the GMP amendment (refer to the CCPC Staff Report for further details). However, the GMP amendment does not
provide for the integration of affordable housing units with the market-rate units in conformance with the RFMUD and
LDC. Additionally, the companion rezone petition seeks deviations from the clustering provisions in the Rural Fringe
Mixed Use Zoning Overlay (RFMUO) within LDC section 2.03.08 for the minimum lot area, interior lot width, and the
minimum side and rear yards – for single-family development; and the minimum requirements for front, rear, and side
yards for multi-family development.
The applicant has indicated that the Habitat for Humanity development model and building plans are replicated for
various projects throughout the community to reduce overall project costs and provide units that are affordable in the
income ranges that are needed most in Collier County. The applicants will receive a bonus of 994 market-rate dwelling
units for providing the 260 for-sale affordable units. The market rate units will be developed separate from the
affordable housing units, without shared amenities or shared access points, and without a guarantee of shared bike or
pedestrian access points (refer to the draft RPUD Master Plan).
Generally, when requesting a GMP amendment that increases residential density, the FLUE requires the use of Transfer
of Development Rights Credits to achieve that density, except when providing a “reasonably sufficient public benefit”
as determined by the Board. For recent approvals, the Board has determined the provision of affordable housing
provides such public benefit. As noted earlier, this petition includes a commitment to provide 260 for-sale affordable
housing units.
Furthermore, the petition proposes increasing residential density within the CHHA. Mitigation to reduce the impacts of
evacuation times resulting from projects within the CHHA is required by Policy 12.1.2 of the Conservation and Coastal
Management Element (CCME) of the GMP. The owner has committed to providing a towable generator at the time of
the first certificate of occupancy and a second towable generator at the time of the 250th certificate of occupancy to be
used at hurricane evacuation shelter sites to address the required mitigation.
FLUE Policy 5.6 requires new land uses to be compatible with, and complementary to, surrounding land uses. In
reviewing the appropriateness of the requested uses and intensity on the subject site, a compatibility analysis might
include a review of allowed use intensities and densities, development standards (building heights, setbacks, landscape
buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and
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location.
The area surrounding the proposed Overlay consists of active agricultural operations and residential uses west and south
of the project site, as identified in the Existing Conditions section of the CCPC Staff Report. The proposed project is
within a transitional area (RFMUD – Receiving Lands), proximate to the County’s urban boundary and services
(Greenway Road is the boundary between the Urban Mixed-Use District and the RFMUD). Several projects with
similar densities have been approved by the Board in the past year proximate to the proposed GMPA location (refer to
the CCPC Staff Report for further details).
Compatibility can be specifically addressed within the companion zoning petition; however, staff finds that the
requested uses will be compatible with the surrounding area (at the level at which GMP amendments are reviewed for
compatibility) and that this is an appropriate location to provide for residential development.
FINDINGS AND CONCLUSIONS: Based on review of this petition, including the supporting data and analysis, staff
makes the following findings and conclusions. Additional analysis is provided in the Staff Report to the CCPC.
• This petition proposes a large-scale Growth Management Plan amendment to create a residential overlay within
the Agricultural/Rural Fringe Mixed Use District – Receiving Lands to allow 1,299 residential units, including
260 for-sale affordable housing units. The proposed project density is generally consistent with the RFMUD
restudy-based amendments, as directed by the Board, except that the project does not conform with the
RFMUO clustering provisions and the requirement to integrate the affordable housing units with market-rate
units, as provided in the LDC.
• The affordable housing component of the project will be a for-sale product and includes up to 260 residential
units, or a total of 20% of all residential units, restricted to households earning up to and including 80% of the
Area Median Income. Approval of this development will assist Collier County in addressing the continued need
for affordable housing. Additionally, the affordable housing commitment may be deemed a “public benefit” as
required by the FLUE when increasing density in the RFMUD and not utilizing TDR Credits to obtain that
increase.
• To mitigate for the proposed increase in residential density within the CHHA, the owner has committed to
providing two towable generators to be used at hurricane evacuation shelters in the companion proposed PUD.
• This project does not require an Environmental Advisory Council (EAC) review, as it does not meet the EAC
scope of land development project reviews identified in Section 2-1193 of the Collier County Codes of Laws
and Ordinances.
• A Developer Commitment Agreement (DCA) is needed to address the project’s transportation related impacts;
the DCA will be provided to the CCPC and Board of County Commissioners at adoption hearings.
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• There are no public utility-related concerns as a result of this petition.
• There are no concerns about impacts on other public infrastructure.
• There are no historical or archaeological sites affected by this amendment.
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION (CCPC): That the
CCPC, serving as the statutory Land Planning Agency and acting as the Environmental Advisory Council, forward the
proposed amendment to the Growth Management Plan to the Board of County Commissioners with a recommendation
to transmit to the Florida Department of Commerce and other statutorily required review agencies.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed and
discussed the proposed amendment at their May 15, 2025, meeting. The CCPC unanimously recommended that the
Board approve the amendments for transmittal to the Department of Commerce. (vote: 6/0)
There was one public speaker at the meeting who commented on the ownership of Fritchey Road, safety concerns
regarding future traffic on Greenway Road and Fritchey Road, drainage and water flow issues, soil issues, and the
potential for increased flooding on the speaker’s property and surrounding properties resulting from the development of
the proposed project.
This item is consistent with the Collier County Strategic Plan objective to implement prudent and inclusive policy
development through effective planning for transportation, land use, and growth management.
FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated legal
advertising and public notice for the public hearings. Therefore, no fiscal impacts to Collier County result from the
approval of this amendment.
GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board of County
Commissioners for transmittal to the Florida Department of Commerce and other statutorily required review agencies
will commence the Department’s thirty (30) day review process and ultimately return the amendments to the CCPC and
the Board for Adoption hearings.
LEGAL CONSIDERATIONS: The Board should consider the following criteria in making its decision: “plan
amendments shall be based on relevant and appropriate data and an analysis by the local government that may include
but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of
the plan amendment. To be based on data means to react to it in an appropriate way and to the extent, necessary
indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.”
163.3177(1)(f), FS. In addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on
surveys, studies, and data regarding the area, as applicable including:
1. The amount of land required to accommodate anticipated growth.
2. The projected permanent and seasonal population of the area.
3. The character of undeveloped land.
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4. The availability of water supplies, public facilities, and services.
5. The need for redevelopment, including the renewal of blighted areas and the elimination of non-conforming
uses which are inconsistent with the character of the community.
6. The compatibility of uses on lands adjacent to or closely proximate to military installations.
7. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02.
8. The need to modify land uses and development patterns with antiquated subdivisions.
9. The discouragement of urban sprawl.
10. The need for job creation, capital investment, and economic development that will strengthen and diversify the
community’s economy.
And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the
undeveloped land, soils, topography, natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section.
This item is approved as to form and legality and requires a majority vote for Board approval because this is a
transmittal hearing. [HFAC]
RECOMMENDATIONS: To approve the proposed large-scale Growth Management Plan amendment for transmittal
to the Florida Department of Commerce and other statutorily required agencies, as recommended by the CCPC.
PREPARED BY: Michele R. Mosca, AICP, Planner III, Community Planning & Resiliency Division
ATTACHMENTS:
1. Resolution FLUE Greenway-Fritchey GMPA - 040225 corrected
2. Resolution CCME Greenway-Fritchey GMPA- 040225
3. CCPC Staff Report Greenway-Fritchey Residential Overlay (2)
4. Greenway-Fritchey DRAFT RPUD Document (PL-20220002061)
5. Greenway-Fritchey Residential Overlay GMPA Transmittal Documents
6. legal ad - agenda ID 25-1920 - PL20220002063, Greenway Fritchey GMPA (BCC 6-24-2025)
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RESOLUTION NO. 2025- ____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AN AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT AND MAP
SERIES TO CREATE THE GREENWAY FRITCHEY
RESIDENTIAL OVERLAY (GMPA) ON PROPERTY WITHIN
THE AGRICULTURAL/RURAL, RURAL FRINGE MIXED USE
DISTRICT-RECEIVING LANDS, TO ALLOW UP TO 1299
SINGLE FAMILY AND MULTIFAMILY UNITS WITH
AFFORDABLE HOUSING; AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY
IS 227.09± ACRES AND LOCATED ON THE NORTHEASTERN
INTERSECTION OF GREENWAY ROAD AND FRITCHEY
ROAD IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST;
COLLIER COUNTY, FLORIDA. [PL20220002063]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act, was
required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Greenway Fritchey Land, LLC, and Habitat for Humanity of Collier County,
Inc. requested an amendment to the Future Land Use Element and Future Land Use Map and Map
Series to add the Greenway-Fritchey Residential Overlay; and
WHEREAS, on ____________________, 2025, the Collier County Planning Commission
considered the proposed amendment to the Growth Management Plan pursuant to the authority
granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the
Board of County Commissioners; and
WHEREAS, on ___________________, 2025, the Board of County Commissioners at a
public hearing approved the transmittal of the proposed amendment to the state land planning
agency in accordance with Section 163.3184, F.S.; and
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WHEREAS, upon receipt of Collier County’s proposed Growth Management Plan
Amendment, various State agencies and the Florida Department of Commerce (“Department”)
have thirty (30) days to review the proposed amendment and the Department must transmit, in
writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184,
F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from the Department
must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the Department, within five (5) days of receipt of Collier County’s adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit “A” and incorporated by reference herein, for the
purpose of transmittal to the Florida Department of Commerce and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment prior
to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote 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 Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – Proposed Text Amendment & Map Amendment
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Exhibit A
FUTURE LAND USE ELEMENT
II. IMPLEMENTATION STRATEGY (Page 9)
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Policy 1.9:
Overlays and Special Features shall include:
A. Area of Critical State Concern
B. North Belle Meade Overlay
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M. Immokalee Road Rural Village Overlay
N. Collier Boulevard/Interstate 75 Innovation Zone Overlay
O. US 41 East Overlay
Incorporated Areas
P. JLM Living East Residential Overlay
Q. Greenway – Fritchey Residential Overlay
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V. OVERLAYS AND SPECIAL FEATURES (Page 116)
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Q. Greenway – Fritchey Residential Overlay (Page 177)
The Greenway – Fritchey Residential Overlay is comprised of 19 parcels totaling approximately
227.09 acres and is located at the northeastern corner of Greenway Road and Fritchey Road, in
Section 7, Township 51 South, Range 27 East. It is depicted on the Greenway – Fritchey
Residential Overlay Map. The purpose of this overlay is to allow single- and multi-family dwelling
units, including housing that is affordable. Development in this Overlay is subject to the following:
a. The Overlay shall be rezoned to the Planned Unit Development (PUD) zoning district.
b. Allowable uses are limited to residential, both single- and multi-family dwelling units.
c. Density shall be limited to 5.72 dwelling units per acre (DU/A), yielding a maximum of
1,299 dwelling units.
d. Income-restricted (“for sale”) affordable housing shall be provided as follows:
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1. Twenty percent (20%) of the total units will be sold to households whose initial
certified incomes are up to and including 80% of the Area Median Income (AMI)
for Collier County.
2. These units will be committed for a period of 30 years from the date of the issuance
of the certificate of occupancy and sold to households that qualify for the designated
income thresholds.
3. Households shall occupy the property as their primary residence as evidenced by
maintenance of homestead exemption.
4. Prior to the initial sale of any of the affordable units, the owner and developer will
record a restrictive covenant in the public records of Collier County identifying the
affordable set-aside units and the income threshold pertaining to each unit. The
covenant will state that each unit will be initially sold and subsequently sold to
qualifying households for a period of 30 years from the issuance of the Certification
of Occupancy for each unit. The covenant will also state that at least 30 days prior
to the initial sale or subsequent sale of any unit, the County’s Community and
Human Services Division, or its designee, will be notified in writing and provided
documents for income verification and certification on forms acceptable to Collier
County. The closing on the sale may occur after the County, or its designee,
confirms that the household qualifies for the designated income thresholds.
5. For the purposes of this Ordinance, income verification, and certification shall be
based on the most recent year’s filed income tax return for each occupant who had
filed and will occupy the affordable housing unit.
1. Income verification and certification for households or household
members who had not filed the most recent year’s tax return may be based
on written verification to verify all regular sources of income to the
household member. The written verification shall include, at a minimum,
the purpose of the verification, a statement to release information,
employer verification of gross annual income or rate of pay, number of
hours worked, frequency of pay, bonuses, tips, and commissions and
signature block with the date of verification. The verification shall be
valid for up to 90 days prior to occupancy. Upon expiration of the 90-day
period, the information may be verbally updated from the original sources
for an additional 30 days, provided it has been documented by the person
preparing the original verification. After this time, a new verification form
must be completed.
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FUTURE LAND USE MAP SERIES (Page 178)
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Boat House Commercial Subdistrict Map
JLM Living East Residential Overlay Map
Mattson at Vanderbilt Residential Subdistrict Map
Greenway – Fritchey Residential Overlay Map
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RESOLUTION NO. 2025- ____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AN AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT TO AMEND POLICY 6.1.7 TO
REDUCE THE LITTORAL SHELF REQUIREMENTS FOR
CERTAIN PROPERTY WITHIN THE GREENWAY- FRITCHEY
RESIDENTIAL OVERLAY; AND FURTHERMORE
DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE
FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT
PROPERTY IS 227.09± ACRES AND LOCATED ON THE
NORTHEASTERN INTERSECTION OF GREENWAY ROAD
AND FRITCHEY ROAD IN SECTION 7, TOWNSHIP 51 SOUTH,
RANGE 27 EAST; COLLIER COUNTY, FLORIDA.
[PL20220002063]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act, was
required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Greenway Fritchey Land, LLC, and Habitat for Humanity of Collier County,
Inc. requested an amendment to the Conservation and Coastal Management Element, applicable
to the Greenway-Fritchey Residential Overlay; and
WHEREAS, on ____________________, 2025, the Collier County Planning Commission
considered the proposed amendment to the Growth Management Plan pursuant to the authority
granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the
Board of County Commissioners; and
WHEREAS, on ___________________, 2025, the Board of County Commissioners at a
public hearing approved the transmittal of the proposed amendment to the state land planning
agency in accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County’s proposed Growth Management Plan
Amendment, various State agencies and the Florida Department of Commerce (“Department”)
have thirty (30) days to review the proposed amendment and the Department must transmit, in
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writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184,
F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from the Department
must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the Department, within five (5) days of receipt of Collier County’s adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit “A” and incorporated by reference herein, for the
purpose of transmittal to the Florida Department of Commerce and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment prior
to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote 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 Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – Proposed Text Amendment & Map Amendment
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Exhibit A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
II. GOALS, OBJECTIVES & POLICIES (Page 3)
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GOAL 6:
TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE
VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum
preservation requirements. (The Policies under this Objective apply to all of Collier County except
for that portion of the County which is identified on the Countywide Future Land Use Map
(FLUM) as the Rural Lands Stewardship Area Overlay.)
*** *** *** *** *** *** *** *** *** *** *** *** ***
Policy 6.1.7: [re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] The County
shall require native vegetation to be incorporated into landscape designs in order to promote the
preservation of native plant communities and to encourage water conservation. This shall be
accomplished by:
(1) Providing incentives for retaining existing native vegetation in landscaped areas;
(2) Establishing minimum native vegetation requirements for new landscaping; and,
(3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area
equal to 2.50% of the ponds surface area measured at the control elevation and be planted with
native aquatic vegetation. Wet detention ponds within the Rural Fringe Mixed Use District,
shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the
control elevation and be planted with native aquatic vegetation.
*** *** *** *** *** *** *** *** *** *** *** *** ***
Within the Greenway – Fritchey Residential Overlay, as identified in the Future Land Use
Element, the total littoral planting shelf area may be reduced to 10% of the wet detention
pond surface area. Littoral planting shelf areas may be provided in one or more larger
aggregated littoral planting areas, if it is determined during the permitting process that doing
so will provide greater habitat value. Two rows of native grasses will be planted around the
entire perimeter of the wet detention lakes to provide water quality enhancement.
*** *** *** *** *** *** *** *** *** *** *** *** ***
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING
SECTION
HEARING DATE: MAY 15, 2025
SUBJECT: PL20220002063 LARGE-SCALE GROWTH MANAGEMENT PLAN
AMENDMENT (GMPA): GREENWAY-FRITCHEY RESIDENTIAL
OVERLAY (TRANSMITTAL HEARING)
COMPANION TO: PUD-PL20220002061; GREENWAY FRITCHEY
PLANNED UNIT DEVELOPMENT – TO BE PRESENTED AT THE GMPA
ADOPTION HEARINGS
ELEMENTS: FUTURE LAND USE ELEMENT & CONSERVATION AND COASTAL
MANAGEMENT ELEMENT
AGENT/OWNER:
Agents: Robert Mulhere, FAICP Rich Yovanovich, Esq.
Jeremie Chastain, AICP Coleman, Yovanovich, Koester, PA
Bowman 4001 Tamiami Trail North, Suite 300
950 Encore Way Naples, FL 34103
Naples, FL 34110
Owners: Greenway Fritchey Land, LLC Habitat for Humanity of Collier County, Inc.
7742 Alico Road 11145 Tamiami Trail East
Fort Myers, FL 33912 Naples, FL 34113
GEOGRAPHIC LOCATION:
The 227.09-acre subject property is located at the northeastern intersection of Greenway Road and
Fritchey Road, approximately a half mile north of Tamiami Trail East (US 41), in Section 7, Township 51
South, Range 27 East, Collier County, Florida. (Refer to the location map and aerial map on page 2.)
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SUBJECT SITE
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REQUESTED ACTION:
The applicant proposes a large-scale Growth Management Plan (GMP) amendment to the Future Land
Use Element (FLUE) to create a new overlay, the Greenway-Fritchey Residential Overlay. The applicant
also proposes amending the countywide Future Land Use Map (FLUM) and creating a new map
(“Greenway-Fritchey Residential Overlay”) in the FLUM series of the FLUE to identify the newly
created Overlay. Also, the petition proposes to amend Policy 6.1.7 of the Conservation and Coastal
Management Element to reduce the littoral shelf requirements. The proposed overlay text and map are
attached as Exhibit “A.”
PURPOSE/DESCRIPTION OF PROJECT:
To redesignate the property from the Agricultural/Rural, Rural Fringe Mixed Use District – Receiving
Lands to Agricultural/Rural, Rural Fringe Mixed-Use District – Receiving Lands, Greenway-Fritchey
Residential Overlay to allow a maximum of 1,299 residential units with 20 percent of the units reserved
for affordable housing to individuals earning at or below 80 percent of the Area Median Income (AMI),
which yields a maximum of 260 for-sale residential units.
A companion petition (PL20220002061) will rezone the property from Rural Agricultural (A) zoning
district to Planned Unit Development (PUD) zoning district to allow the proposed residential uses. Note:
The companion PUD rezone will be presented to the CCPC at the time of the GMPA's adoption. The draft
PUD document is included in the GMPA back-up materials for informational purposes.
EXISTING CONDITIONS:
Subject Property: The 227.09-acre site is designated Agricultural/Rural, Rural Fringe Mixed Use
District—Receiving Lands and is located within the Coastal High Hazard Area (CHHA), all as identified
on the FLUM. The subject property is zoned A, Rural Agricultural, and includes a Provisional Use for
aquaculture (PU-87-6C, Reso. #87-177). A portion is undeveloped, and a portion is in agricultural
operations.
Surrounding Lands:
North – Future Land Use Designation: Agricultural/Rural, Rural Fringe Mixed Use District –
Receiving Lands, and located within the CHHA. Zoned: Rural Agricultural. Land Use:
Agricultural operations.
East – Future Land Use Designation: Agricultural/Rural, Rural Fringe Mixed Use District –
Receiving Lands, and located within the CHHA. Zoned: Rural Agricultural. Land Use:
Agricultural operations. (across Laredo Street, a local road)
South – Future Land Use Designation: Agricultural/Rural, Rural Fringe Mixed Use District –
Receiving Lands, and located within the CHHA. Zoned: Rural Agricultural. Land Use:
Single-family residential and agricultural operations, including an approved Provisional Use
for earth mining and related processing (PU-79-11C, Reso. #79-124). (across Fritchey Road,
a local road)
West – Future Land Use Designation: Urban, Urban Mixed-Use District, Urban Residential
Subdistrict, and located within the CHHA. Zoned: Rural Agricultural. Land Use:
Agricultural operations, single-family residential, and mobile homes. Further to the west-
northwest (500’) are lands designated Urban Mixed-Use District, zoned Regal Acres PUD
(approved for 5.0 DU/A), and developed with attached single-family dwellings (across
Greenway Road, a local road).
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In summary, the surrounding area's existing land uses include a mix of single-family residential, mobile
homes, and agricultural operations.
BACKGROUND AND ANALYSIS:
As noted above, the FLUM designation on this property is Agricultural/Rural, Rural Fringe Mixed Use
District – Receiving Lands located within the Coastal High Hazard Area.
The Rural Fringe Mixed Use District (RFMUD) within the Future Land Use Element (FLUE) was
established in 2002 by Ordinance 02-32 to address agricultural lands within the transitional area between
Golden Gate Estates and the County’s urban area and between the urban area and the agricultural lands
and agricultural operations farther to the east. The land use strategies developed and employed in the
RFMUD direct incompatible land uses away from environmentally sensitive lands. The Sending Lands
are those lands within the RFMUD with the highest degree of environmental value and sensitivity and
generally include significant wetlands, uplands, and habitats for listed species. The Receiving Lands are
those identified as the most appropriate for development and to which residential units may be received
from areas designated as Sending Lands. The Coastal High Hazzard Area (CHHA) is the geographical
area lying below the elevation of the Category 1 storm surge line per the Southwest Florida Regional
Planning Council’s Hurricane Evacuation Study; increased density and expenditure of public
infrastructure is discouraged in this area.
On February 10, 2015, the Board of County Commissioners (Board) directed staff to initiate the RFMUD
restudy. The restudy focused on areas that included complementary land uses, economic vitality,
transportation and mobility, and environmental stewardship, all through a public outreach effort.
The RFMUD restudy public outreach and staff assessment resulted in the RFMUD White Paper. The
White Paper provided the framework for the restudy effort conducted by staff and served to further
inform the Collier County Planning Commission and the public about those efforts. The RFMUD White
Paper recommended GMP amendments to improve the RFMUD and Transfer of Development Rights
(TDR) Program by further protecting the environment, conserving agricultural lands, addressing
development characteristics, and establishing new development standards.
In June 2023, the Board adopted restudy-based amendments to the RFMUD. Relevant to this petition, the
RFMUD Receiving Lands now allows the development of affordable housing projects at a maximum
density of up to 12.2 dwelling units per acre, subject to clustering provisions and Land Development
Code (LDC) Section 2.06.00 for affordable housing. The FLUE states that implementing Land
Development Code (LDC) regulations, such as design standards, development standards, and locational
criteria, are to be established for affordable housing development within the RFMUD.
The above-referenced LDC regulations are being drafted and will be presented to the CCPC and Board
later this year. Additionally, an LDC amendment to implement the GMP affordable housing initiatives,
adopted by the Board in November 2023, includes modifications to the affordable housing density bonus
table in LDC Section 2.06.03. The changes to the table generally increase density for projects providing
affordable units in the Low (>50 - <80% of Area Median Income (AMI)) and Very-low (<50% of AMI)
income categories. The CCPC heard the LDC amendment on March 6, 2025, and voted to forward the
amendment to the Board with a recommendation of approval; the LDC amendment will be presented to
the Board on June 10, 2025.
The proposed GMPA allows a maximum of 1,299 dwelling units, including an affordable housing
commitment of 20% (260 for-sale units) to households earning up to and including 80% of the County’s
AMI. The proposed GMPA does not conform with the existing affordable housing income ranges,
density, and requirement to integrate affordable housing units with market-rate units in accordance with
LDC Section 2.06.00. However, the proposed affordable housing density and income ranges are
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consistent with past Board approvals and the proposed modifications to the affordable housing density
bonus table in LDC Section 2.06.03. The project’s proposed development and design standards are
generally consistent with past Board approvals. Some projects were approved with clustering standards,
and others were approved with deviations from those standards. (Note: The companion petition
(PL20220002061) to rezone the property from Rural Agricultural to the Greenway Fritchey Planned Unit
Development (PUD) establishes the development and design standards for the project.)
The table below identifies that the proposed project will provide more affordable units via the GMP
amendment than the existing affordable housing density bonus table in LDC section 2.06.03 and more
affordable units than the proposed affordable housing table via the pending LDCA. However, the GMPA
does not provide for integrating affordable housing units with the market rate units in conformance with
the RFMUD and LDC. Additionally, the companion rezone petition seeks deviations from the clustering
provisions in the Rural Fringe Mixed Use Zoning Overlay (RFMUO) within LDC section 2.03.08 for the
minimum lot area, interior lot width, and the minimum side and rear yards – for single-family
development and the minimum requirements for front, rear, and side yards for multi-family development.
The applicant has indicated that the Habitat for Humanity development model and building plans are
replicated for various projects throughout the community to reduce overall project costs and provide units
that are affordable in the income ranges that are needed most in Collier County. As noted in the table
below, the applicants receive a bonus of 994 market-rate dwelling units for providing 260 affordable
units. The market rate units will be developed separately from the affordable housing units, without
shared amenities or access points or a guarantee of shared bike or pedestrian access points (refer to the
draft RPUD Master Plan).
Base
Density
(per existing
GMP)
GMPA
(227.09 acres)
Project
Density = 5.72
DU/A
1,299 Total
Units
Density
Bonus
Requested
Affordable
Housing
Income
Level
(% of AMI)
Affordable
Housing
Dwelling
Units
(% of units to
achieve
density bonus
of 5.52 DU/A)
Market Rate
Dwelling
Units
(Bonus units
generated by
providing
affordable
housing units)
0.2 DU/A
(45 dwelling
units)
Proposed
GMPA
5.52 DU/A < 80% 260 DUs
(20% of all
DUs)
994 DUs
N/A
Existing
LDC
Sec.
2.06.00/2.06.03
5.52 DU/A < 80% 249 DUs
(19.86% of
bonus DUs)
1,005 DUs
N/A
Proposed
LDCA
Sec.
2.06.00/2.06.03
5.52 DU/A < 80% 125 DUs
(10% of bonus
DUs)
1,129 DUs
Generally, when requesting a GMP Amendment that increases residential density, the FLUE requires the
use of Transfer of Development Rights Credits to achieve that density, except when providing a
“reasonably sufficient public benefit” as determined by the Board. For recent approvals, the Board has
determined providing affordable housing provides such public benefit. As noted earlier, this petition
includes a commitment to provide 260 affordable housing units.
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Further, the petition proposes increasing residential density within the CHHA. Policy 12.1.2 of the
Conservation and Coastal Management Element (CCME) of the GMP requires mitigation to reduce the
impacts of evacuation times resulting from projects within the CHHA. The owner has committed to
providing a towable generator at the time of the first certificate of occupancy and a second towable
generator at the time of the 250th certificate of occupancy to be used at hurricane evacuation shelter sites
to address the required mitigation.
Compatibility: FLUE Policy 5.6 requires new land uses to be compatible with and complementary to
surrounding land uses. To review the appropriateness of the requested uses and intensity on the subject
site, a compatibility analysis might include a review of allowed use intensities and densities, development
standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and
orientation, architectural features, and the amount and type of open space and location.
The area surrounding the proposed overlay consists of active agricultural operations and residential uses
west and south of the project site, as identified in the Existing Conditions section of this report. The
proposed project is within a transitional area (RFMUD – Receiving Lands), proximate to the County’s
urban boundary and services (Greenway Road is the boundary between the Urban Mixed-Use District and
the RFMUD). The Board has approved several projects with similar densities in the past year proximate
to the proposed GMPA location – refer to the table below.
Project Location Density Affordable Housing
Proposed
GMPA
RFMUD - Receiving Lands
½ mile north of US 41
5.72 DU/A For-sale: 20% of units at < 80% of
AMI
Elanto of Naples
RPUD
RFMUD - Receiving Lands
¾ mile east of Greenway Rd.
6 DU/A Rental:10% of units at < 50% of
AMI
Tamiami 50-Acre
MPUD
RFMUD - Receiving Lands
1/3 mile east of Greenway Rd.
8 DU/A Rental:15% of units at < 80% of
AMI and 15% at < 100% of AMI
For-sale:15% of units at 120% of
AMI
Tamiami Trail
Greenway Rd.
MPUD
Urban -Residential Mixed-
Use District
450’ west of Greenway Rd.
12.29 DU/A Rental:15% of units at < 80% of
AMI and 15% of units at < 100% of
AMI
Compatibility can be specifically addressed within the companion zoning petition. Still, staff finds the
requested uses will be compatible with the surrounding area (at the level at which GMP amendments are
reviewed for compatibility) and that this is an appropriate location to provide for residential development.
Project Justification: The applicant prepared a justification statement for the proposed residential project
(refer to Exhibit V.D.1. in the GMPA materials). Staff notes the following from the information provided:
• The County’s total population in 2024 was 404,735 people and is expected to increase by 3
percent between the years 2023 and 2028 (Source: Collier County Economic Development
Office).
• The University of Florida’s Shimberg Center estimated in the year 2022 that approximately
22,883 owner-occupied households making 80% and below the County’s Area Median Income
(AMI) were cost-burdened (housing costs >30% of household income). Further, by 2050, the
number of cost-burdened households earning < 80% of the AMI is projected to increase to 54,848
households.
• The 2017 Urban Land Institute Study identified a “housing affordability problem” and, if not
addressed, “will become a crisis.” Additionally, the County’s 2025 Consolidated Housing Plan
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identifies an insufficient supply of affordable housing units at the low or very low-income levels
and a need for affordable rental and owned housing near job centers.
• The proposed development is approximately 3.5 miles from the Activity Center at the intersection
of Tamiami Trail East (US 41) and Collier Boulevard. The Center is mostly built-out and
provides a variety of commercial uses.
Transportation Impacts: A Transportation Impact Statement (TIS), dated July 5, 2024, prepared by
Trebilcock Planning and Engineering, was submitted as part of this petition. Transportation Planning
staff reviewed the petition for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan using the previous 2023 Annual Update and Inventory Report (AUIR) and the current
2024 AUIR.
Staff found the TIS to be sufficient; however, a Developer Commitment Agreement (DCA) is needed to
address the project’s transportation related impacts. Transportation Planning Staff does not object
to the transmittal of the GMPA and will continue to work with the applicant to finalize the DCA prior
to the adoption hearings.
Environmental Impacts: The proposed GMP amendment has no effect on the Conservation and Coastal
Management Element (CCME) requirements regarding protecting native vegetation preservation on-site.
Native vegetation on-site will be retained per the requirements of CCME Policy 6.1.2 and LDC section
3.05.07 of the LDC. Listed species will be protected by permit and/or letters of technical assistance from
the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service, per
CCME Policy 7.1.2 and LDC section 3.04.01.
Littoral Shelf Planting Area: The applicant has proposed a reduction from the littoral planting criteria in
CCME Policy 6.1.7, which requires wet detention ponds within the Rural Fringe Mixed-Use District to
have a littoral shelf with an area equal to 30% of the ponds surface area, measured at the control
elevation, and planted with native aquatic vegetation.
The applicant is requesting the total littoral planting shelf area be reduced to 10% of the wet detention
ponds area. The littoral area shall be planted in one or more larger aggregated littoral planting areas.
Additionally, two rows of native grasses will be planted around the perimeter of the proposed lakes,
which will aid in improving water quality by slowing runoff and trapping sediment. Environmental
Services staff supports reducing the amount of littoral planting to allow for consolidated littoral areas. The
consolidated littoral areas will enhance wading bird/waterfowl habitats and foraging areas. These areas
will be designed to re-create wetland function, maximize habitat value, and minimize maintenance efforts.
The consolidation of the littoral planting area will enhance the survivability of the littoral area plant
species, as there is a lower survivability rate in littoral planting areas when installed in multiple lakes. The
concentration of the littoral plantings will meet the intent of the GMP requirement, which is to enhance
water quality and provide habitat for a variety of aquatic species and birds.
Public Facilities Impacts: 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, and sufficient water and wastewater treatment capacities are available.
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.
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Affordable Housing: There is a need for affordable housing units in Collier County. The University of
Florida Shimberg Center for Housing reports that there are currently 51,368 cost-burdened households in
the County, with 25,687 of those spending more than 50% of their monthly income on housing expenses.
The current median home sales price in the County is $650,000 (Single-Family Homes- $790,000,
Condos- $500,000). Prices in Naples have increased 75% from pre-COVID prices. 77% of sales are cash
deals. Source: NABOR Market Report, Feb 2025
The Shimberg Center also reports that the average observed rent for apartments in the County has risen
sharply, doubling over the past ten years to $3,234 (2024).
For reference, the 2025 Florida Housing Finance Corporation Income Limits are:
A Restrictive Covenant will be recorded on the affordable for-sale units, requiring them to be initially and
subsequently sold to qualifying households for a period of 30 years from the Certificate of Occupancy of
each unit.
Approval of this development will assist the County in addressing the continued need for affordable
housing.
CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES:
Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163,
F.S., specifically as listed below verbatim.
Section 163.3177(1)(f), Florida Statutes:
(f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be
based upon relevant and appropriate data and an analysis by the local government that may
include, but not be limited to, surveys, studies, community goals and vision, and other data
available at the time of adoption of the comprehensive plan or plan amendment. To be based on
data means to react to it in an appropriate way and to the extent necessary indicated by the data
available on that particular subject at the time of adoption of the plan or plan amendment at issue.
1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be
deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such
studies, surveys, data, and supporting documents for proposed plans and plan amendments
shall be made available for public inspection, and copies of such plans shall be made
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available to the public upon payment of reasonable charges for reproduction. Support data or
summaries are not subject to the compliance review process, but the comprehensive plan
must be clearly based on appropriate data. Support data or summaries may be used to aid in
the determination of compliance and consistency.
2. Data must be taken from professionally accepted sources. The application of a methodology
utilized in data collection or whether a particular methodology is professionally accepted may
be evaluated. However, the evaluation may not include whether one accepted methodology is
better than another. Original data collection by local governments is not required. However,
local governments may use original data so long as methodologies are professionally
accepted.
3. The comprehensive plan shall be based upon permanent and seasonal population estimates
and projections, which shall either be those published by the Office of Economic and
Demographic Research or generated by the local government based upon a professionally
acceptable methodology. The plan must be based on at least the minimum amount of land
required to accommodate the medium projections as published by the Office of Economic
and Demographic Research for at least a 10-year planning period unless otherwise limited
under s. 380.05, including related rules of the Administration Commission. Absent physical
limitations on population growth, population projections for each municipality and the
unincorporated area within a county must, at a minimum, be reflective of each area’s
proportional share of the total county population and the total county population growth.
Section 163.3177(6)(a)2., Florida Statutes:
2. The future land use plan and plan amendments shall be based upon surveys, studies, and data
regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen
and diversify the community’s economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(6)(a)8., Florida Statutes:
(a) A future land use plan element designating proposed future general distribution, location, and
extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation,
conservation, education, public facilities, and other categories of the public and private uses of
land. The approximate acreage and the general range of density or intensity of use shall be
provided for the gross land area included in each existing land use category. The element shall
establish the long-term end toward which land use programs and activities are ultimately directed.
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8. Future land use map amendments shall be based upon the following analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic resources
on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of
this section.
The petitioner must provide appropriate and relevant data and analysis to address the statutory
requirements for a Plan Amendment. For this petition, the applicant provided a justification statement and
public facilities analysis.
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
A NIM was held on December 5, 2022, at Rookery Bay National Estuarine Research Preserve, 300 Tower
Road, Naples, FL 34113. The meeting began at approximately 5:40 p.m. and adjourned at approximately
6:34 p.m. Several members of the public were present at the meeting, most residing in Naples Reserve
Golf Club. The applicant’s agent, Robert Mulhere, FAICP, explained the request for the proposed rezone
and companion large -scale Growth Management Plan amendment. Attendees asked about the impacts on
wildlife, environmental permitting, density, type of affordable housing units – rental or owner-occupied,
farmland impacts, road impacts, the potential for a traffic light at Greenway Road, impacts on property
values, the price points for market-rate homes, etc. The applicant’s team responded to all questions.
The Administrative Code requires a second NIM to be held when a petition has not been scheduled for
public hearings within a year of the initial NIM. Over a year has elapsed since the first NIM was held in
2022. As a result, the petitioner conducted a second NIM on April 14, 2025, at Rookery Bay National
Estuarine Research Preserve, 300 Tower Road, Naples, FL 34113. The meeting began at approximately
5:30 p.m. and adjourned at approximately 5:45 p.m. One resident of Greenway Road was present at the
meeting. The applicant’s agent, Jeremie Chastain, AICP, explained the request for the proposed large-
scale Growth Management Plan amendment and rezone. The attendee asked questions about sidewalks on
Greenway Road, the proposed request for an eight-foot-tall wall, landscaping, and the project’s access on
Greenway Road in relation to its alignment with the attendee’s driveway. The applicant’s team responded
to all questions.
The NIM documentation is included in the CCPC backup materials.
FINDINGS AND CONCLUSIONS:
• This petition proposes a large-scale Growth Management Plan amendment to create a residential
overlay within the Agricultural/Rural Fringe Mixed Use District – Receiving Lands to allow
1,299 residential units, including 260 affordable housing units. The proposed project density is
generally consistent with the RFMUD restudy-based amendments, as directed by the Board,
except that the project does not conform with the RFMUO clustering provisions and the
requirement to integrate the affordable housing units with market-rate units, as provided in the
LDC.
• The project's affordable housing component will be a for-sale product and include up to 260
residential units, or a total of 20% of all residential units, restricted to households earning up to
and including 80% of the Area Median Income. Approval of this development will assist Collier
County in addressing the continued need for affordable housing. Additionally, the affordable
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housing commitment may be deemed a “public benefit” as required by the FLUE when increasing
density in the RFMUD and not utilizing TDR Credits to obtain that increase.
• To mitigate the proposed increase in residential density within the CHHA, the owner has
committed to providing two towable generators for use at hurricane evacuation shelters.
• This project does not require an Environmental Advisory Council (EAC) review, as it does not
meet the EAC scope of land development project reviews identified in Section 2-1193 of the
Collier County Codes of Laws and Ordinances.
• A Developer Commitment Agreement (DCA) is needed to address the project’s transportation
related impacts; the DCA will be provided to the CCPC and Board of County Commissioners at
adoption hearings.
• There are no public utility-related concerns as a result of this petition.
• There are no concerns about impacts on other public infrastructure.
• There are no historical or archaeological sites affected by this amendment.
LEGAL REVIEW:
The County Attorney’s office reviewed the staff report on April 21, 2025. [HFAC]
STAFF RECOMMENDATION:
Staff recommends the Collier County Planning Commission forward petition PL20220002063 to the
Board of County Commissioners with a recommendation to approve for transmittal to the Florida
Department of Commerce and other statutorily required review agencies.
NOTE: This petition has been tentatively scheduled for the June 24, 2025, Board of County
Commissioner meeting.
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EXHIBIT A
GREENWAY FRITCHEY RPUD
PERMITTED USES
1. MAXIMUM DWELLING UNITS
A. The maximum number of dwelling units shall be one thousand two hundred ninety-
nine (1,299) (5.72 dwelling units per acre).
2. RESIDENTIAL/TRACT R1
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
3. Two-family and single-family zero lot line dwellings;
4. Townhouses;
5. Multi-family dwelling units;
6. A recreational building or clubhouse, with typical accessory
recreational facilities shall be permitted which serves the residents and
their guests.
7. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the Board
of Zoning Appeals (BZA) or the Hearing Examiner (HEX), as
applicable, by the process outlined in the Land Development Code
(LDC).
B. Accessory Uses:
1. Accessory uses and structures customarily associated with principal
residential uses permitted in this RPUD, including recreational
facilities, such as a clubhouse, gazebos, and swimming pools, for
residents and guests;
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2. Neighborhood recreation areas for residents and their guests:
swimming pools; parks, which may include seating areas, benches,
and shade structures.
3. Model homes, sales centers, and temporary uses are permitted in
accordance with LDC Section 5.04.00, Temporary uses and
structures.
4. Entry gates and gatehouses.
5. Stormwater management treatment facilities, conveyance facilities
and structures, such as berms, swales, and outfall structures.
6. Temporary construction and administrative offices for the developer
and developer’s authorized contractors and consultants, including
necessary access ways, parking areas, and related uses, subject to the
procedures for a temporary use permit provided in LDC Section
5.04.01.
3. RESIDENTIAL/TRACT R2
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
3. Two-family and single-family zero lot line dwellings;
4. Townhouses;
5. Multi-family dwelling units;
6. A recreational building or clubhouse, with typical accessory
recreational facilities shall be permitted which serves the residents and
their guests.
7. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the Board
of Zoning Appeals (BZA) or the Hearing Examiner (HEX), as
applicable, by the process outlined in the Land Development Code
(LDC).
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B. Accessory Uses:
1. Accessory uses and structures customarily associated with principal
residential uses permitted in this RPUD, including recreational
facilities, such as a clubhouse, gazebos, and swimming pools, for
residents and guests;
2. Neighborhood recreation areas for residents and their guests:
swimming pools; parks, which may include seating areas, benches,
and shade structures.
3. Model homes, sales centers, and temporary uses are permitted in
accordance with LDC Section 5.04.00, Temporary uses and
structures.
4. Entry gates and gatehouses.
5. Stormwater management treatment facilities, conveyance facilities
and structures, such as berms, swales, and outfall structures.
6. Temporary construction and administrative offices for the developer
and developer’s authorized contractors and consultants, including
necessary access ways, parking areas, and related uses, subject to the
procedures for a temporary use permit provided in LDC Section
5.04.01.
4. PRESERVE/TRACT P
No building or structure, or part thereof, shall be erected, altered, or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Preservation of native habitat.
B. Accessory Uses:
1. Passive recreational uses;
2. Stormwater management structures and facilities;
3. Pervious and impervious pathways and boardwalks, consistent with
the LDC;
4. Benches for seating; and
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5. Conservation-related and recreational activities as allowed by the
LDC.
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EXHIBIT B
GREENWAY FRITCHEY RPUD
The table below sets forth the development standards for land uses within the Greenway Fritchey
RPUD. 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 Site Development Plan or Subdivision Plat.
PERIMETER RPUD SETBACK: The perimeter RPUD setback shall be, at a minimum, equal
to the required width of perimeter landscape buffers, but no less than 10 feet.
DEVELOPMENT STANDARDS TABLE TRACT R1 & R2
DEVELOPMENT
STANDARDS
SINGLE-
FAMILY
DETACHED
TOWNHOME TWO-FAMILY &
SINGLE-
FAMILY ZERO
LOT LINE
MULTI-FAMILY
DWELLINGS
CLUBHOUSE/
RECREATION
BUILDINGS
Principal Structures
MIN. LOT AREA 1,680 S.F.
1 AC MAX.
1,100 S.F. PER
UNIT
1,680 S.F. PER
UNIT
1 Ac. N/A
MIN. LOT WIDTH 28 ft. 18 ft. 27 ft. 150 ft. N/A
MIN. FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 550 S.F./DU N/A
MIN. SETBACK FROM
GREENWAY RD.
25 ft. 25 ft. 25 ft. 30 ft. 30 ft.
MIN. SETBACK FROM
FRITCHEY RD.
25 ft. 25 ft. 25 ft. 30 ft. 30 ft.
MIN. FRONT YARD 20 ft.1 20 ft.1 20 ft.1 20 ft. 20 ft.
MIN. SIDE YARD 5 ft.2 0 ft. or 5 ft. 2 0 ft. or 5 ft. 2 10 ft.6 5 ft.
MIN. REAR YARD 10 ft.3 5 ft. from edge
of pavement3
5 ft. from edge of
pavement3
10 ft. 15 ft.
MIN. LAKE SETBACK4, 5 0 ft. 0 ft. 0 ft. 0 ft. 0 ft.
MIN. PRESERVE
SETBACK
25 ft. 25 ft. 25 ft. 25 ft. 25 ft.
MIN. DISTANCE
BETWEEN STRUCTURES
10 ft. 10 ft. 10 ft. 10 ft.6 10 ft.
MAX. HEIGHT ZONED 35 ft. NTE 2
STORIES
35 ft. NTE 2
STORIES
35 ft. NTE 2
STORIES
60 ft. NTE 4
STORIES
35 ft. NTE 2
STORIES
MAX. HEIGHT ACTUAL 42 ft. 42 ft. 42 ft. 62 ft. 47 ft.
Accessory Structures
MIN. SETBACK FROM
GREENWAY RD.
20 ft. 20 ft. 20 ft. 20 ft. 20 ft.
MIN. SETBACK FROM
FRITCHEY RD.
20 ft. 20 ft. 20 ft. 20 ft. 20 ft.
MIN. FRONT YARD SPS SPS SPS SPS SPS
MIN. SIDE YARD SPS SPS SPS SPS SPS
MIN. REAR YARD 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
MIN. LAKE SETBACK SPS SPS SPS SPS SPS
MIN. PRESERVE
SETBACK
10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
MAX. HEIGHT ZONED SPS SPS SPS 25 ft. 25 ft.
MAX. HEIGHT ACTUAL SPS SPS SPS 32 ft. 32 ft.
SPS = same as principal structures; NTE = not to exceed; S.F. = square feet; BH = building height; N/A = not applicable
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Footnotes:
1 Corner lots shall provide one (1) front yard setback within the yard that contains the
driveway/vehicular access to the dwelling unit. The secondary front yard that does not
contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-
foot setback measured from the right-of-way and will have no overhang into the utility
easement if there are any buildings adjacent to that secondary front yard setback.
2 5 ft. minimum side setbacks for single-family attached, two-family and single-family zero
lot line must be accompanied by another 5’ minimum side setback on adjoining lot to
achieve minimum 10 ft. separation.
3 Garages may be accessed from the rear of the property and will be required to provide a
minimum 2-foot setback to the alley access easement.
4 Measured to the lake maintenance easement.
5 0’ principal and accessory setbacks are permitted from the lake maintenance easements and
landscape buffer easements, which will be separate platted tracts on the PPL or separately
labeled easements on the SDP.
There shall be no setback restrictions to the installation of fencing to create private yards
between principal structures.
6 The minimum side yard and distance between structures shall be increased to a minimum
of 15 ft. for buildings three stories in height; and shall be increased to a minimum of 20 ft.
for buildings four or more stories in height.
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EXHIBIT D
GREENWAY FRITCHEY RPUD
LEGAL DESCRIPTION
PARCEL 1:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4
OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 2:
A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN SOUTH 00°59'06"
WEST 692.65 FEET ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE POINT OF BEGINNING; THENCE SOUTH 80°21'12" EAST
327.00 FEET ALONG THE NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4; THENCE SOUTH 00°59'06" WEST 200.00 FEET; THENCE
SOUTH 88°21'12" EAST 140.00 FEET; THENCE SOUTH 00°59'06" WEST 362.35 FEET;
THENCE NORTH 88°21'12" WEST 467.00 FEET TO THE WEST LINE OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4; THENCE NORTH 00°59'06" EAST 562.35 FEET ALONG
SAID LINE TO THE POINT OF BEGINNING.
PARCEL 3:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 4:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 5:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4
AND THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA;
LESS AND EXCEPT THE FOLLOWING:
A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
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1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, RUN SOUTH 0°59'06" WEST 692.65 FEET ALONG THE
WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 TO THE POINT OF
BEGINNING; THENCE SOUTH 88°21'12" EAST 327.00 FEET ALONG THE NORTH LINE
OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
SOUTH 0°59'06" WEST 200.00 FEET; THENCE SOUTH 88°21'12" EAST 140.00 FEET;
THENCE SOUTH 0°59'06" WEST 362.35 FEET; THENCE NORTH 88°21'12' WEST 467.00
FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
NORTH 0°59'06" EAST 562.35 FEET ALONG SAID LINE TO THE POINT OF BEGINNING.
AND
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
AND
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, LYING AND BEING IN
COLLIER COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4
OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE EAST, LESS THE SOUTHERNMOST 30
FEET.
AND
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4,
OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA,
LESS THE EASTERLY 30 FEET FOR ROAD RIGHT OF WAY AND THE SOUTHERLY 30
FEET FOR ROAD RIGHT OF WAY, CONTAINING IN ALL 10 ACRES MORE OR LESS.
AND,
(AS DESCRIBED IN AMERICAN LAND TITLE ASSOCIATION TITLE COMMITMENT
FILE NO.: 1144058, COMMITMENT DATE: SEPTEMBER 05, 2021 AT 11:00 PM):
PARCEL 6:
PARCEL B SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE
SOUTH 30 FEET THEREOF AND LESS THE WEST 30 FEET THEREOF, OF SECTION 7,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY, FLORIDA.
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PARCEL 7:
PARCEL A SOUTH 1/2 OF THE NORTHWEST 1/4, LESS THE SOUTH 1/2 OF
GOVERNMENT LOT 2 AND LESS THE NORTH 1/2 OF GOVERMENT LOT 2 AND LESS
THE SOUTH 30 FEET THEREOF, OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27
EAST, OF COLLIER COUNTY, FLORIDA.
PARCEL 8:
SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, AND
NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, AND NORTH 1/2 OF THE
NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY, FLORIDA.
PARCEL 9:
NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, OF
SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY, FLORIDA.
PARCEL 10:
NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY, FLORIDA.
PARCEL 11:
NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, OF
SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER COUNTY, FLORIDA.
CONTAINING A TOTAL AREA OF APPROXIMATELY 227.09 ACRES
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EXHIBIT E
GREENWAY FRITCHEY RPUD
LIST OF DEVIATIONS
1. Deviation 1 (Street System Requirements) requests relief from LDC Section 6.06.01.J.,
Street System Requirements, which prohibits dead-end streets except when designed as a
cul-de-sac, to instead allow for dead-end streets designed with a hammerhead or Y
configuration.
2. Deviation 2 (Street System Requirements) requests relief from LDC Section 6.06.01.N.,
“Street System Requirements”, which requires a minimum right-of-way width of 60 feet
to instead allow a width of 50 feet for internal private roadways within the Greenway
Fritchey RPUD. See Exhibit C for cross-sections.
3. Deviation 3 (Buffer Requirements) requests relief from LDC Section 4.06.02.C.2, “Types
of buffers”, which requires a 15-foot-wide Type B buffer when a community facility in a
PUD abuts a residential unit to instead allow Type B buffer plantings within an area a
minimum of 10 feet in width.
4. Deviation 4 (Wall Height) requests relief from LDC Section 5.03.02.C, “Fences and Walls,
Excluding Sound Walls”, which limits the heights of fences or walls in residential
components of PUDs to 6 feet, to instead allow a wall 8 feet in height.
5. Deviation 5 (Signs) requests relief from LDC Section 5.06.02.B.5.a., “On premise
directional signs”, which allows on-premises directional signs be set back a minimum of
10 feet from the edge of roadway, paved surface, or back of curb, to instead allow a setback
of five feet from a roadway or platted easement. This deviation does not apply to County
owned roads.
6. Deviation 6 (Sidewalks, Bike Lane and Pathway Requirements) requests relief from LDC
Section 6.06.02.A.1., “Sidewalks, Bike Land and Pathway Requirements”, which requires
sidewalks on both sides of a local street, to instead allow a single sidewalk six feet in width
on only one side of the street, and no sidewalks along alleys within Tract R2. See Exhibit
C for Internal Streets and Alleys Cross-Sections.
7. Deviation 7A (Clustered Development) requests relief from LDC Section
2.03.08.A.2.a(4)(b)i.a), “Clustered development”, which requires a minimum lot area of
4,500 square feet and a minimum interior lot width of 40 feet for single-family
development, to instead allow for a minimum lot area of 1,680 square feet and a minimum
lot width of 28 feet for single-family development.
Deviation 7B (Clustered Development) requests relief from LDC Section
2.03.08.A.2.a(4)(b)ii.a) “Minimum yard requirements”, which requires a minimum side
yard of 6 feet and a minimum rear yard of 15 feet for single-family development, to instead
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allow for a minimum side yard of 5 feet and a minimum rear yard of 10 feet for single-
family development.
Deviation 7C (Clustered Development) requests relief from LDC Section
2.03.08.A.2.a(4)(b)ii.b) “Minimum yard requirements”, which requires a minimum front
yard of 30 feet, a minimum rear yard of 30 feet, and a minimum side yard of one-half the
building height or 15 feet for multi-family development, to instead allow for a minimum
front yard of 20 feet, a minimum rear yard of 15 feet, and a minimum side yard of 5 feet
for multi-family development. This deviation excludes lots that abut an arterial or collector
roadway.
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EXHIBIT F
GREENWAY FRITCHEY RPUD
LIST OF DEVELOPER COMMITMENTS
The purpose of this section is to set forth the development commitments for the development of
this project.
1. GENERAL
A. Two entities (hereinafter the Managing Entities) shall be responsible for RPUD
monitoring until close-out of the RPUD, and these entities shall also be responsible for
satisfying all RPUD commitments until close-out of the RPUD. At the time of this
RPUD approval, the Managing Entities are Greenway Fritchey Land, LLC (Tract R1)
and Habitat for Humanity of Collier County, Inc (Tract R2). Should either 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 a Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to the County that includes an
acknowledgement of the commitments required by the RPUD 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 RPUD is closed out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of RPUD 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 of federal agency and does not
create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law. (Section
125.022, FS)
C. All other applicable state or federal permits must be obtained before commencement
of the development.
2. TRANSPORTATION
A. The maximum total daily trip generation for the RPUD shall not exceed 861 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. All other transportation related commitments are set forth in a companion DCA.
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3. ENVIRONMENTAL
A. There is ±33 acres of existing native vegetation within the subject property. The
minimum required native preservation is ±13.20 acres (40% of ±33 acres of existing
native vegetation). The Master Plan preserves ±13.59 acres of native vegetation on site
within Tract P.
B. Preserves may be used to satisfy the landscape buffer requirements after exotic
vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1.
Supplemental plantings with native plant materials shall be in accordance with LDC
Section 3.05.07. In order to meet the requirements of a Type ‘A’ buffer perimeter
boundaries of the RPUD; a 6-foot-wide landscape buffer located outside of the preserve
will be reserved. In the event that the preserve does not meet buffer requirements after
removal of exotics and supplemental planting within the preserve, plantings will be
provided by Owner in the 6’ wide reservation to meet the buffer requirements. The
type, size, and number of such plantings, if necessary, will be determined at time of
initial SDP or plat and included on the landscape plans for the SDP or plat.
C. A listed species management plan will be provided for the project at the time of
development approval. The management plan will address how listed species will be
protected, including the listed plant species observed within the development footprint
and proposed preserve areas.
4. AFFORDABLE HOUSING
A. Two-hundred sixty (260) units will be sold to households whose initial certified
incomes are up to an including 80% of the Area Median Income (AMI) for Collier
County.
B. All 260 income-restricted units will be on Tract R2. The income-restricted units will
be constructed as single family detached, single family attached, multifamily
(townhomes), or a combination thereof.
C. These units will be committed for a period of 30 years from the date of the issuance of
the certificate of occupancy and sold to households that qualify for the designated
income thresholds.
D. Households shall occupy the property as their primary residence as evidenced by
maintenance of homestead exemption.
E. Prior to the initial sale of any of the affordable set-aside units, the owner and developer
will record a restrictive covenant in the public records of Collier County identifying
the affordable set-aside units and the income threshold pertaining to each unit. The
covenant will state that each unit will be initially sold and subsequently sold to
qualifying households for a period of 30 years from the issuance of the Certificate of
Occupancy for each unit. The covenant will also state that at least 30 days prior to the
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initial sale or subsequent sale of any unit, the County’s Community and Human
Services Division, or its designee, will be notified in writing and provided documents
for income verification and certification on forms acceptable to Collier County. The
closing on the sale may occur after the County, or its designee, confirms that the
household qualifies for the designated income thresholds.
F. Income verification and certification may take the form of the most recent year’s filed
income tax return for each occupant who had filed and will occupy the affordable
housing unit. Income verification and certification for households or household
members who had not filed the most recent year’s tax return may be based on written
verification to verify all regular sources of income to the household member. The
written verification shall include, at a minimum, the purpose of the verification, a
statement to release information, employer verification of gross annual income or rate
of pay, number of hours worked, frequency of pay, bonuses, tips, and commissions and
a signature block with the date of verification. The verification shall be valid for up to
90 days prior to occupancy. Upon expiration of the 90-day period, the information may
be verbally updated from the original sources for an additional 30 days, provided it has
been documented by the person preparing the original verification. After this time, a
new verification form must be completed.
a. As part of the annual PUD monitoring report, the developer will include an
annual report that provides the progress and monitoring of occupancy of the
income-restricted units in a format approved by the Collier County
Community and Human Services Division. The developer agrees to annual
on-site monitoring by the County, or its designee.
G. By way of example, the 2024 Florida Housing Finance Corporation Income Limits
are:
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5. UTILITIES
A. 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 by County
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 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.
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 by County 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 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. WILDFIRE PREVENTION AND MITIGATION
A. Project Structural Design and Materials
1. Roofs shall be constructed using Class A asphalt/fiberglass shingles, sheet metal,
terra cotta tile, and concrete.
2. Soffits shall be made of non-combustible material or (minimum) ½-inch nominal
wood sheathing.
3. No window opening shall exceed 40 square feet and double-paned glass, or
tempered glass shall be utilized.
B. Location/Defensible Space
1. A minimum 30 feet of “Defensible Area” shall be maintained around principal
structures. The Defensible Area may include yards, green space, required landscape
buffers, sidewalks, driveways or roadways, and customary accessory uses and
structures such as decks, lanais, and so forth. Defensible area shall not be construed
to mean a separation between structures.
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2. Within this Defensible Area:
i. Vegetation shall be thinned and maintained to eliminate vegetated or
“ladder fuels” and tree crowns shall be a minimum of 10 feet apart.
ii. Trees will be maintained to keep branches 6 to 10 feet from the ground.
iii. Trees will be maintained at a maximum canopy spread of 20’ at maturity,
in order to prevent roof overhang.
iv. The less-flammable trees and shrubs listed below shall be utilized within
the defensible area. Other trees and shrubs not listed below may be utilized
if approved by Collier County and the Florida Fire Service, Florida Forest
Service, Department of Agriculture and Consumer Services.
Trees
Ash Magnolia Sago/King Sage Palm Sweet Acacia
Citrus Maple Pecan Silver Button
Crape Myrtle Redbud Willow Tabebuia
Dogwood Sycamore Pygmy Date Palm Gumbo-Limbo
Jacaranda Viburnum Red Mulberry Red Bay
Loquat Alexander Palm Winged Elm Green Button
Oaks Sweet Gum Catalpa Mahogany
Pindo Palm Persimmon Satan Leaf Hawthorne
Black Cherry Queen Palm Pigeon Plum Elm
Sparkleberry Sea Grape
Shrubs
Agave Philodendron Century Plant
Aloe Pittosporum Coontie
Azalea Red Yucca Anise
Viburnum Beauty Berry Indian Hawthorne
Hydrangea Pyracantha Oakleaf Hydrangea
Oleander Camellia
v. Lava stone, gravel or other non-flammable materials shall be used in
planting beds within 5 feet of a structure.
3. The managing entity shall be responsible to ensure these requirements are met.
7. EMERGENCY MANAGEMENT
A. Prior to the issuance of the first residential certificate of occupancy, the property owner
shall provide a one-time developer’s contribution of one (1) 45 KW (or higher)
towable, diesel, rental-grade generator to Collier County specification to the Collier
County Bureau of Emergency Management.
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(3-17-2025)(w-Draft Stamp).docx
8. OTHER
A. Excavation setbacks are subject to the minimum requirements of Sec. 22-112(1) of
the Code of Ordinances. Reduction of the required minimum setback is subject to
an exception review and approval in accordance with Section 22-112(1).
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