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Agenda 12/09/2025 Item #17E (Ordinance - Approve a rezoning from a Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) Zoning District)12/9/2025Item # 17.EID# 2025-4283Executive SummaryThis item requires Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning from a Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands for the project to be known as the Greenway Fritchey RPUD to allow development of up to 1,299 residential dwelling units with affordable housing. The subject property, consisting of ±227.09 acres, is located at the northeastern intersection of Greenway Road and Fritchey Road in Section 7, Township 51 South, Range 27 East, Collier County, Florida. [PL20220002061] (This item is a companion to Items 16B9, 17F, and 17G) OBJECTIVE: To have the Board of County Commissioners ("Board") review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The property is located at the northeastern intersection of Greenway Road and Fritchey Road, in Section 7, Township 51 South, Range 27 East, Collier County, Florida, and is comprised of 19 parcels. This petition seeks to allow the rezoning from a Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands for the project to be known as the Greenway Fritchey RPUD to allow development of up to 1,299 residential dwelling units, with affordable housing; providing for repeal of Resolution No. 87-177, a provisional use for aquaculture. A companion Growth Management Plan Amendment is requested (GMPA- PL20220002063) 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) on approximately 227.09 acres. 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. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDZ-PL20220002061, Greenway Fritchey RPUD, on October 16, 2025, and voted 5-0 to forward this petition to the Board with a recommendation of approval. There was an opposition letter from John Strathman regarding stormwater runoff onto his property. It was discussed that staff would discuss these concerns with Mr. Strathman to resolve them. It should be noted that these were only concerns and did not object to the project. One minor typo in Transportation Developer Commitment 2. B was corrected and accepted by staff, and this revision was added to the Ordinance. As such, this petition will be placed on the Summary Agenda. This item advances the Collier County Strategic Plan Objective within Community Development to support comprehensive affordable housing opportunities FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD)/ Receiving Lands, and is located within the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan. The proposed request is to allow up to a maximum of 1,299 residential units (5.72 DU/AC), including 260 for-sale affordable housing units dedicated to households earning at or below 80% of the Area Median Income (AMI) for Collier County. RFMUD/Receiving Lands provide transitional areas between lands designated Urban, Estates, Agricultural/Rural, and Page 8063 of 9661 12/9/2025Item # 17.EID# 2025-4283Conservation. Generally, Receiving Lands have lesser environmental and listed species habitat values than other lands (Sending and Neutral Lands) within the RFMUD due to prior development and/or agricultural activities. Receiving Lands have been identified as being the most appropriate lands for development and allow for a mixture of urban and rural levels of service. The RFMUD provides measures to preserve existing natural resources, retain the rural, pastoral, or park-like appearance along arterial roads, and protect private property rights. Incentives such as the Transfer of Development Rights (TDR) process, clustered development, density bonus incentives, and provisions for central water and sewer service have been established to direct development into Receiving Lands and away from Sending Lands.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 is discouraged in this area. Relevant to this petition, the RFMUD Receiving Lands allow the development of affordable housing projects at a maximum density of 12.2 dwelling units per acre, subject to Section 2.06.00 of the Land Development Code (LDC). These requirements include, but are not limited to: affordable housing units must be intermixed with, and not segregated from, the market rate dwelling units in the development; and the square footage, construction, and design of the affordable housing units shall be the same as market rate dwelling units. Additionally, the FLUE provides that within one year of adopting the affordable housing provision allowing increased density of up to 12.2 DU/A, the County will initiate an LDC amendment to establish appropriate criteria for affordable housing projects within Receiving Lands, e.g., design standards, development standards, and locational criteria. The implementing LDC regulations noted above are currently in draft form and will be presented to the Development Services Advisory Committee later this year. In the absence of the adopted regulations, staff finds the proposed development and design standards to be reasonable. However, an amendment to the GMP is needed to increase density on the property. A companion GMP amendment petition (PL20220002063) has been submitted to establish a new residential overlay on the subject property that will allow the uses and density proposed in the RPUD. The PUD rezoning may only be deemed consistent with the FLUE if the companion GMPA is approved and goes into effect, and if the uses and intensities in the PUD align with those in the GMPA. Transportation Element: In evaluating the Greenway-Fritchey development staff reviewed the applicant’s Traffic Impact Statement (TIS) dated July 5, 2024, for consistency using the 2024 Annual Update and Inventory Report (AUIR). The Transportation Planning staff has reviewed the petition and recommends the following: Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Page 8064 of 9661 12/9/2025Item # 17.EID# 2025-4283Staff findings: Staff evaluated the PUD document and the TIS dated July 5, 2024, and found that the scenario presents an accurate trip generation calculation, a reasonable trip distribution on the surrounding network, and reflects a reasonable development potential for the proposed RPUD. The PUD document establishes a total trip cap commitment for a net external maximum of +/-861 PM, peak hour, two-way trips. According to TIS, the project impacts the following County roadways: Roadway/Link # Link Location P.M. Peak Hour Peak Direction Service Volume/Peak Direction Projected PM Peak Hr./Peak Direction Project Traffic 1 2024 AUIR LOS 2024 AUIR Remaining Capacity Collier Boulevard/37.0 Manatee Rd. to Mainsail Dr. 2,200/North 45/North D(2)239 US-41 Tamiami Trail East/93.0 Rattlesnake Hammock Rd. to Triangle Blvd 3,000/East 103/East D(3)248 US-41 Tamiami Trail East/94.0 Triangle Blvd. to Collier Blvd. 3,000/East 149/East C 1187 US-41 Tamiami Trail East/95.1 Collier Blvd. to Joseph Ln. 3,100/East 368/East B 1,651 US-41 Tamiami Trail East/95.2 Joseph Ln. to Greenway Rd. 2,000/East 404/East C 734 US-41 Tamiami Trail East/95.3 Greenway Rd. to San Marco Dr. 1,075/East 38/East B 616 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is July 5, 2024, Traffic Impact Statement provided by the petitioner. 2. This is an expected deficiency by trip bank not caused by this development and is the jurisdiction and responsibility of FDOT. Also see key points regarding Florida Statutes 163.3180 below. 3. This is an expected deficiency by the trip bank, not caused by this development. Also see key points regarding Florida Statue 163.3180 below. Florida Statute 163.3180: Key points of applicability. Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share. Consistency and operational fair share mitigation attachments are consistent with this requirement. Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. Applicant must receive credit for the anticipated road impact fees. The consistency fair share attachment is consistent with this requirement. The applicant calculated their proportionate share and it does not exceed the impact fees anticipated to be Page 8065 of 9661 12/9/2025Item # 17.EID# 2025-4283collected. The consistency fair share attachment is consistent with this requirement.Additionally, there is a companion Developer Agreement that addresses additional road, ROW, and CAT Transit stop improvements.Policy 7.1 of the Transportation Element of the GMP states: “Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system’s capacity and integrity.” Staff findings: Staff recommends approval of the proposed access points shown on the master plan for this petition; however, nothing in this development order will vest the developer with anything more than a right-in/right-out at those locations. Directional and full median openings may be contemplated at the time of the Site Development Plan or Plat and Plan, or when/if future expansion of the roadways occurs. Staff Recommendation: Based on this information, staff finds the application consistent with Policy 5.1 of the Transportation Element. The Transportation Planning staff finds this petition consistent with the GMP and recommends approval. Conservation and Coastal Management Element (CCME): Environmental review staff have found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 33 acres of native vegetation. A minimum of 13.2 acres of native vegetation is required to be placed under preservation and dedicated to Collier County. GMP Conclusion: The proposed PUD is inconsistent with the GMP, unless the Board approves the companion GMPA first or concurrently with the PUD, and the uses and intensities align. LEGAL CONSIDERATIONS: This is a site-specific rezone to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Greenway Fritchey RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1.Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3.Consider: Conformity of the proposed RPUD with the goals, objectives, and policies of the Growth Management Plan. 4.Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6.Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of Page 8066 of 9661 12/9/2025Item # 17.EID# 2025-4283available improvements and facilities, both public and private.7.Consider: The ability of the subject property and of surrounding areas to accommodate expansion.8.Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.9. Will the proposed change be consistent with the goals, objectives, policies, and future land use map, as well as the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate, considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12.Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13.Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20.Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23.Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24.Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25.Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Page 8067 of 9661 12/9/2025Item # 17.EID# 2025-4283Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision on competent, substantial evidence presented in the written materials supplied to it, including, but not limited to, the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing, as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION(S): To approve the request for Petition PUDZ-PL20220002061, the Greenway Fritchey RPUD and proposed ordinance. PREPARED BY: Timothy Finn, AICP, Planner III, Zoning Division ATTACHMENTS: 1. Staff report - Greenway Fritchey RPUD 2. Attachment A - Proposed Ordinance 3. Attachment B - Application-Backup Materials 4. Attachment C - Hearing Advertising Signs 5. Attachment D - Opposition Letter 6. legal ad - agenda IDs 25-4283 & 25-4616 - Greenway Fritchey RPUD & GMPA (PL20220002063) & (PL20220002061) 12-9-25 BCC Page 8068 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 1 of 25 October 3, 2025 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 16, 2025 SUBJECT: PUDZ-PL20220002061; GREENWAY FRITCHEY RPUD (Companion to GMPA-PL20220002063) PROPERTY OWNERS/AGENTS: 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 Agents: Robert J. Mulhere, FAICP, Senior Vice-President Jeremie Chastain, AICP, Lead Planner Bowman 950 Encore Way Naples, FL 34110 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission consider rezoning +227.09 acres from a Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use District Overlay- Receiving Lands to a Residential Planned Unit Development (RPUD) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands for the project to be known as the Greenway Fritchey RPUD to allow development of up to 1,299 residential dwelling units, with affordable housing; providing for repeal of Resolution No. 87-177, a provisional use for aquaculture. A companion Growth Management Plan Amendment is requested (GMPA-PL20220002063) 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) on approximately 227.09 acres. 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. Page 8069 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 2 of 25 October 3, 2025 GEOGRAPHIC LOCATION:The property is located at the northeastern intersection of Greenway Road and Fritchey Road, inSection 7, Township 51 South, Range 27 East, Collier County, Florida. (See location map below) PURPOSE/DESCRIPTION OF PROJECT: The site is located at the northeastern corner of the intersection of Greenway Road and Fritchey Road, approximately a mile north of the intersection of Tamiami Trail East and Greenway Road, and is comprised of 19 parcels. This site is currently used for agricultural purposes and a single-family dwelling. The maximum number of units allowed on the site, as per the current A/RFMUO-Receiving Lands, is one unit per 5 acres, which equates to 46 units. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat Page 8070 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 3 of 25 October 3, 2025 value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. The petitioner seeks 1,253 additional units than currently allowed, which can only be approved if the companion GMP Amendment is approved to create a site-specific Future Land Use designation for the site. Current Zoning Allowed Density/Units Proposed Zoning Proposed Density/Units A/RFMUO-Receiving Lands 1 unit per 5 acres 46 units RPUD 5.72 units per acre 1,299 units The proposed rezoning to Residential Planned Unit Development (RPUD) is intended to allow development of the site with up to 1,299 dwelling units, which calculates to a density of +5.72 units per acre. An affordable housing commitment is proposed that 260 units on Tract R2 will be sold to households whose initial certified incomes are up to and including 80% of the Area Median Income (AMI) for Collier County. The PUD Master Plan depicts the majority of the site (121.16 acres as Tract R1) for single and multi- family dwellings, (92.34 acres as Tract R2) for single and multi-family dwellings, and a 13.59-acre tract (Tract P) for preserve. One access point is depicted from Greenway Road into Tract R1, and another access point is depicted from Fritchey Road into Tract R1. There is a potential interconnect between Tract R1 and Tract R2 for bicycles and pedestrians at the south side of the property near Fritchey Road. Another interconnect for bicycles and pedestrians is proposed toward the western side of the PUD near Greenway Road. For Tract R2, there is an access point located on Fritchey Road, as well as an interconnect for bicycles and pedestrians along the eastern perimeter of the property. A Collier Area Transit (CAT) bus stop is proposed at the corner of Greenway Road and Fritchey Road. The petitioner’s affordable housing commitment indicates that these units will be located on Tract R2 and constructed as single-family detached, single-family attached, multifamily (townhomes), or a combination thereof. Native vegetation preserves totaling 13.59 acres are proposed toward the western side of Tract R1. The proposed maximum building height is 35 feet zoned / 42 feet actual for single-family detached, townhomes, two-family, and single-family zero-lot-line structures. The proposed maximum building height is 60 feet, zoned /62 feet actual, for multifamily dwellings. Clubhouse/recreation buildings are proposed at a maximum height of 35 feet, zoned / 47 feet actual. Nine deviations from the Land Development Code (LDC) are proposed: 1. To allow dead-end streets designed with a hammerhead or Y configuration; 2. To reduce the right-of-way width for local streets from 60 feet to 50 feet; 3. To allow Type B buffer plantings within an area a minimum of 10 feet in width when a community facility in a PUD abuts a residential unit; 4. To allow a wall 8 feet in height; 5. To allow on-premises directional signs a setback of five feet from a roadway or platted easement; 6. To allow a single sidewalk six feet in width on only one side of the street, and no sidewalks along alleys within Tract 2; Page 8071 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 4 of 25 October 3, 2025 7. To allow for a minimum lot area of 1,680 square feet and a minimum lot width of 28 feet for single-family development in; 8. To allow for a minimum side yard of 5 feet and a minimum rear yard of 10 feet for single-family development; 9. To 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. CONCURRENT PETITIONS AT THE SUBJECT PROPERTY: In addition to the companion GMPA-PL20220002063, a Vacation of Road Right-of-Way (AVROW) – PL20240001248 has been submitted to vacate and clear title to a bisecting roadway known as Laredo Street. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding the proposed Greenway Fritchey RPUD, which is currently used for agricultural uses and one single-family home with a zoning designation of A/RFMUO- Receiving Lands North: Developed with agricultural uses, with a current zoning designation of A/RFMUO- Receiving Lands East: Developed with agricultural uses, with a current zoning designation of A/RFMUO- Receiving Lands South: Fritchey Road (local road), then developed with agricultural uses and single-family residential, with a current zoning designation of A/RFMUO- Receiving Lands West: Greenway Road, then developed with single family residential and to the north developed with mobile homes, with a current zoning designation of Agriculture (A), to the north of the mobile homes is developed with single family homes with a current zoning designation of Regal Acres RPUD (5 DU/AC), which is approved for two- family dwellings and single-family dwellings for a total of 300 units Page 8072 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 5 of 25 October 3, 2025 Source: Bowman GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD)/ Receiving Lands, and is located within the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map (FLUM) of the Collier County Growth Management Plan. The proposed request is to allow up to a maximum of 1,299 residential units (5.72 DU/AC), including 260 for-sale affordable housing units dedicated to households earning at or below 80% of the Area Median Income (AMI) for Collier County. RFMUD/Receiving Lands provide transitional areas between lands designated Urban, Estates, Agricultural/Rural, and Conservation. Generally, Receiving Lands have lesser environmental and listed species habitat values than other lands (Sending and Neutral Lands) within the RFMUD due to prior development and/or agricultural activities. Receiving Lands have been identified as being the most appropriate lands for development and allow for a mixture of urban and rural levels of service. The RFMUD provides measures to preserve existing natural resources, retain the rural, pastoral, or park-like appearance along arterial roads, and protect private property rights. Incentives such as the Transfer of Development Rights (TDR) process, clustered development, density bonus incentives, and provisions for central water and sewer service have been established to direct development into Receiving Lands and away from Sending Lands. The CHHA is the geographical area lying below the elevation of the Category 1 storm surge line, as per the Southwest Florida Regional Planning Council’s Hurricane Evacuation Study. Increased density and expenditure of public infrastructure are discouraged in this area. Page 8073 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 6 of 25 October 3, 2025 Relevant to this petition, the RFMUD Receiving Lands allow the development of affordable housing projects at a maximum density of 12.2 dwelling units per acre, subject to Section 2.06.00 of the Land Development Code (LDC). These requirements include, but are not limited to: affordable housing units must be intermixed with, and not segregated from, the market-rate dwelling units in the development; and the square footage, construction, and design of the affordable housing units shall be the same as those of the market-rate dwelling units. Additionally, the FLUE provides that within one year of adopting the affordable housing provision allowing increased density of up to 12.2 dwelling units per acre (DU/A), the County will initiate an LDC amendment to establish appropriate criteria for affordable housing projects within Receiving Lands, such as design standards, development standards, and locational criteria. The implementing LDC regulations noted above are currently in draft form and will be presented to the Development Services Advisory Committee later this year. In the absence of the adopted regulations, staff find the proposed development and design standards to be reasonable. However, an amendment to the GMP is needed to increase density on the property. A companion GMP amendment petition (PL20220002063) has been submitted to establish a new residential overlay on the subject property that will allow the uses and density proposed in the RPUD. The PUD rezoning may only be deemed consistent with the FLUE if the companion GMPA is approved and goes into effect, and if the uses and intensities in the PUD align with those in the GMPA. Transportation Element: In evaluating the Greenway-Fritchey development staff reviewed the applicant’s Traffic Impact Statement (TIS) dated July 5, 2024, for consistency using the 2024 Annual Update and Inventory Report (AUIR). The Transportation Planning staff has reviewed the petition and recommends the following: Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Page 8074 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 7 of 25 October 3, 2025 Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff findings: Staff evaluated the PUD document and the TIS dated July 5, 2024, and found that the scenario presents an accurate trip generation calculation, a reasonable trip distribution on the surrounding network, and reflects a reasonable development potential for the proposed RPUD. The PUD document establishes a total trip cap commitment for a net external maximum of ±861 peak-hour, two-way trips. According to TIS, the project impacts the following County roadways: Roadway/ Link # Link Location P.M. Peak Hour Peak Direction Service Volume/Peak Direction Projected PM Peak Hr./Peak Direction Project Traffic 1 2024 AUIR LOS 2024 AUIR Remaining Capacity Collier Boulevard/37. 0 Manatee Rd. to Mainsail Dr. 2,200/North 45/North D(2) 239 US-41 Tamiami Trail East/93.0 Rattlesnake Hammock Rd. to Triangle Blvd 3,000/East 103/East D(3) 248 US-41 Tamiami Trail East/94.0 Triangle Blvd. to Collier Blvd. 3,000/East 149/East C 1187 US-41 Tamiami Trail East/95.1 Collier Blvd. to Joseph Ln. 3,100/East 368/East B 1,651 US-41 Tamiami Trail East/95.2 Joseph Ln. to Greenway Rd. 2,000/East 404/East C 734 US-41 Tamiami Trail East/95.3 Greenway Rd. to San Marco Dr. 1,075/East 38/East B 616 1.Source for P.M. Peak Hour/Peak Direction Project Traffic is July 5, 2024, Traffic Impact Statement provided by the petitioner. 2.This is an expected deficiency by trip bank not caused by this development and is the jurisdiction and responsibility of FDOT. Also see key points regarding Florida Statue 163.3180 below. 3. This is an expected deficiency by trip bank not caused by this development. Also see key points regarding Florida Statue 163.3180 below. Page 8075 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 8 of 25 October 3, 2025 Florida Statute 163.3180: Key points of applicability. • Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share. Consistency and operational fair share mitigation attachments are consistent with this requirement. • Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. • The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. • Applicant must receive credit for the anticipated road impact fees. The consistency fair share attachment is consistent with this requirement. • The applicant calculated their proportionate share and it does not exceed the impact fees anticipated to be collected. The consistency fair share attachment is consistent with this requirement. Additionally, there is a companion Developer Agreement that addresses additional road, ROW, and CAT Transit stop improvements. Policy 7.1 of the Transportation Element of the GMP states: “Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system’s capacity and integrity.” Staff findings: The staff recommends approval of the proposed access points shown on the master plan for this petition; however, nothing in this development order will vest the developer with anything more than a right-in/right-out at those locations. Directional and full median openings may be contemplated at the time of the Site Development Plan or Plat and Plan, or when/if future expansion of the roadways occurs. Staff Recommendation: Based on this information, staff find the application consistent with Policy 5.1 of the Transportation Element. The Transportation Planning staff finds this petition consistent with the GMP and recommends approval. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 33 acres of native vegetation. A minimum of 13.2 acres of native vegetation is required to be placed under preservation and dedicated to Collier County. GMP Conclusion: The proposed PUD is inconsistent with the GMP, unless the Board approves the companion GMPA concurrently with the PUD, and the uses and intensities align. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. An evaluation relative to these subsections is discussed below, under the heading “Zoning Services Analysis.” Page 8076 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 9 of 25 October 3, 2025 Environmental Review: Environmental Planning staff have reviewed the petition to address environmental concerns. The property boundary includes 227.09 acres located within the Rural Fringe Mixed Use Overlay (Receiving). A portion of the property has been historically cleared and used for agricultural use since the early 1970s; the remainder of the property is primarily impacted forested wetlands. The minimum preserve requirement is 13.2 acres (40% of 33 acres of native vegetation); however, the applicant will preserve 13.59 acres. The Florida Fish and Wildlife Conservation Commission provided a letter of technical assistance dated August 1, 2025, in response to the transmittal of the Collier County Comprehensive Plan Amendment, Greenway Fritchey, GMPA PL2022002063. The technical assistance letter references listed species found onsite indicates that the subject property has the potential to contain various listed species. The technical assistance letter states there were no objections to the growth management plan amendment. In response to the FWCC letter, the applicant has provided a listed species management plan to address the comments and recommendations presented by FWCC. The list species management plan must be incorporated as part of the SDP/PPL approval process. An Off-Site Mitigation area has been provided as mitigation for proposed impacts. The Off-Site Mitigation Area contains 126.12 acres of forested/herbaceous upland and wetlands located adjacent to Picayune Strand State Forest. The Off- Site Mitigation Area will save sensitive habitat and provide connectivity to protected state lands. The environmental data indicates the proposed project is in an area that has the potential to contain a variety of protected animal species. The listed species observed onsite were two Little Blue Herons (Egretta caerulea) and two American Alligators (Alligator mississippiensis). These species are transient; therefore, follow-up evaluations will need to occur to ensure appropriate protection. The proposed project is located within the FWS consultation area for Bonneted Bats (Eumops floridanus); however, no evidence was found indicating Bonneted Bats were utilizing the trees existing on-site. The property contains potential habitat for caracaras (Caracara cheriway); however, no caracaras were observed on-site. However, an off-site caracara nest is located approximately 300 feet south of the subject property. Construction activities within 1,500 meters (4,920 feet) will require an additional evaluation in conjunction with consultation with the US Federal Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding guidelines and permitting requirements prior to any construction activity. The Environmental Data indicates the property is located inside the Secondary Panther Zone for Florida Panther (Felis concolor coryi). FWCC provided a letter of technical assistance relating to the Florida Panther, which states that the project design should include impediments to deter wildlife movements into residential areas, and the future residents should be provided with information to minimize human-panther conflicts. This information will be included in the required listed species management and reviewed during the SDP/PPL review. There were no direct observations of panthers on-site; however, panther tracks were observed on-site. Telemetry data indicates Florida panthers have been documented within and around the boundary of the proposed project. The most recent telemetry recorded was from Florida Panther 193 on June 5, 2019. Consultation with U.S. Fish & Wildlife Service (FWS) to obtain panther mitigation will be required. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black bear (Ursus americanus floridanus) in the area. A black bear management plan must be included in PPL or SDP review. Additionally, the property contains potential habitat for the Eastern indigo snake (Drymarchon corais couperi). Consultation with the US Federal Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding guidelines and permitting requirements will be required before construction. Finally, Wild pine air plants Page 8077 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 10 of 25 October 3, 2025 (Tillandsia balbisiana), Florida butterfly orchids (Encyclia tampensis), and Twisted air plants (Tillandsia flexuosa), listed as ‘Less Rare Plants,’ have been observed on the property and will be protected by LDC Section 3.04.03. Prior to approval of the first development order, a second protected species survey of the subject property will be required to ensure construction activity will not impact listed species. The second listed species survey will primarily focus on avian species; however, all listed species will be evaluated for their presence in and adjacent to the subject property. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed Greenway Fritchey PUDZ. Utilities Review:The project is located within the regional potable water service area and the south wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and wastewater treatment capacities are available. Developer commitments are listed in “EXHIBIT F” of the RPUD document under the “UTILITIES” section. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. Landscape Review:The applicant is seeking 1 deviation regarding landscape requirements. See Deviation Discussion. The buffers labeled on the Master Plan are in accordance with the Land Development Code. Affordable Housing Review:Housing Policy & Economic Development Division staff have provided the following comments: The Greenway-Fritchey PUD is proposed to be developed as a residential community to include up to 1,299 units at a density of 5.72 units per acre. The development proposes to include 20% of the residential units (260 units) as For-Sale affordable housing, restricted to households with incomes below 80% of the Area Median Income (AMI). For reference, the 2025 Florida Housing Finance Corporation Income is: Page 8078 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 11 of 25 October 3, 2025 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. The need for affordable housing units is great in Collier County, as the University of Florida Shimberg Center for Housing reports that there are currently 51,368 cost-burdened households in Collier County, with 25,687 of those spending more than 50% of their monthly income on housing expenses. The current Median home sales price in Collier County is $575,000 (single-family homes: $670,000, condos: $422,500). Prices in Naples have increased 75% from pre-COVID prices. 48% of sales are cash deals. Source: NABOR Market Report, July 2025 The Shimberg Center also reports that the average observed rent for apartments in Collier County has risen sharply, doubling over the past ten years to $3,234 (2024). Approval of this development will assist Collier County in addressing the continued need for affordable housing. Stormwater Management Review: According to the current FEMA FIRM, this site is located in approximate flood zone AE 7.0. Any future building Finished Floor Elevations (FFE) shall be FEMA Base Flood Elevation (BFE) plus 1 foot or the 100-year 3-day stormwater design flood elevation, whichever is highest. The site is currently covered by a SFWMD Environmental Resource Permit (ERP) #11-112655-P. The project drainage system is proposed as two sub-basins, both of which discharge into the north roadside swale of Fritchey Road, which runs west and ultimately enters the Greenway Road roadside swale, located along the west boundary of the property. The Greenway Road roadside swale system flows south towards US-41 roadside canal. The project's allowable discharge is limited to the Henderson Creek-Belle Meade Basin South maximum rate of 0.04 cfs/acre, which is notably one of the most restrictive discharge rates in Collier County. The proposed project does not contribute stormwater to, or accept offsite runoff from, adjacent properties to the north, east, and west of the site. It is not expected that development of this project will generate hydrologic impacts to the adjacent surrounding properties. In addition, site development approval (SDP /PPL) will be required from Collier County, to ensure that local development standards are maintained and that proposed stormwater system(s) are designed consistent with relevant LDC and County Ordinances for water quality and water quantity, during both the interim construction phase and final implementation. Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to intensity and compatibility. The density of the proposed development is 5.72 units per acre (1,299 units on 227.09 acres), which exceeds the allowable density of one unit per 5 acres and can only be achieved if the companion GMP Amendment (PL20220002063) is approved. To the north and east of the subject property is developed with agricultural uses. To the west are mobile homes and single-family residential areas. To the south are single-family homes and agricultural uses. Below is a summary chart of the nearby zoning districts. Page 8079 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 12 of 25 October 3, 2025 Zoning District Future Land Use designation Density North: A/RFMUO- Receiving Lands Rural Fringe Mixed Use District - Receiving 1 dwelling unit per 5 acres East: A/RFMUO- Receiving Lands Rural Fringe Mixed Use District - Receiving 1 dwelling unit per 5 acres South: Fritchey Road then A/RFMUO- Receiving Lands Rural Fringe Mixed Use District - Receiving 1 dwelling unit per 5 acres West: Greenway Road, then Agriculture (A), then to the north is zoned Regal Acres RPUD (5 DU/AC) Urban Residential Subdistrict Agriculture (A) - 1 dwelling unit per 5 acres Regal Acres RPUD - 5 dwelling units per acre Proposed Greenway Fritchey RPUD Proposed Greenway – Fritchey Residential Overlay 5.72 dwelling units per acre Per LDC Section 4.07.02.E. governing PUDs, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive standards shall apply. As such, the zoning district that most closely resembles the development standards for the Greenway Fritchey RPUD is the Regal Acres RPUD located to the west. It is important to note that the Regal Acres RPUD was approved with an affordable housing component that was managed by Habitat for Humanity of Collier County, Inc. Standards for the Regal Acres RPUD are compared below to the proposed standards for the Greenway Fritchey RPUD per the Development Standards Table in Exhibit B of the draft Ordinance (Attachment A). Below is a summary chart of the nearby zoning districts and their development standards with comparison to Greenway Fritchey RPUD. Page 8080 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 13 of 25 October 3, 2025 A/RFMUO – Receiving Lands Standards LDC Sec. 2.03.08.A.2.a.4.a (Existing development not utilizing clustering) Agriculture (A) Standards LDC Sec. 4.02.01 Regal Acres RPUD Proposed Greenway Fritchey RPUD Min. Lot Area 5 Acres 217,800 s.f. - Single family detached and zero lot line 1,600 s.f. - Two- Family 3,750 s.f. - Single family 1,680 s.f. to 1 AC max - Townhouse 1,100 s.f. per unit - Two- Family/Single- family zero lot line 1,680 s.f. per unit - Multi-Family 1 AC Min. Lot Width 165’ 165’ - Single family detached and zero lot line 32’ - Two- Family 35’ - Single family 28’ - Townhouse 18’ - Two- Family/Single family zero lot line 27’ - Multi-Family 150’ Min. Floor Area - n/a n/a - Single family detached and zero lot line 1,000 s.f. - Two- Family 1,050 s.f. - Single family 1000 s.f. - Townhouse 1000 s.f. - Two- Family/Single family zero lot line 1000 s.f. - Multi-Family 550 s.f./DU Min. Front Yard 50’ 50’ - Single family detached and zero lot line 12’ - Two- Family 25’ - Single family 20’ - Townhouse 20’ - Two- Family/Single family zero lot line 20’ - Multi-Family 20’ Min. Side Yard 30’ 30’ - Single family detached and zero lot line 5’/ZLL 0’ ft and 10’ - Single family 5’ - Townhouse 0’ or 5’ - Two- Family/Single Page 8081 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 14 of 25 October 3, 2025 In addition to the setbacks illustrated in the above table, Greenway Fritchey RPUD will provide a 25ft setback from Greenway Road and Fritchey Road for single family detached, townhome, and two- family and single family zero lot line. For multifamily and recreation buildings a 30 ft setback will be provided from these roads. The proposed heights have a zoned height of 35 feet and an actual building height of 42 feet. The multi-family dwellings will have a zoned height of 60 feet and an actual height of 62 feet. As illustrated in the PUD Master Plan, a 10-foot-wide Type A Buffer is proposed along the northern perimeter of the PUD and a 20-foot-wide Type D Buffer or 10-foot-wide Type A Buffer is proposed along the eastern perimeter. A 20-foot-wide Type D Buffer is proposed along Fritchey Greenway Roads. The LDC requires 50% open space for affordable housing projects. Because the agent is seeking the density bonus through the companion GMPA, the provision that the affordable units be throughout the development doesn’t apply and this qualifies as an affordable with 260 units set aside. As such, the 50% open space requirement does apply with Greenway Fritchey. The master plan illustrates the open space at 60% and therefore does comply with the LDC requirements at 136.25 acres. The landscaping buffers, open space, and preserves will provide natural transitions around and within the RPUD. The development standards will provide adequate setbacks, limitations on height, and buffers to ensure compatibility with adjacent land uses. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08.” - Two-Family 7.5’ family zero lot line 0’ or 5’ - Multi-Family 10’ Min. Rear Yard 50’ 50’ - Single family detached and zero lot line 5’ or 20’ along an alley - Two- Family 20’ - Single family 10’ - Townhouse 5’ from edge of pavement - Two-Family/Single family zero lot line 5’ from edge of pavement - Multi-Family 10’ Maximum Height 35’ 35’ - Single family detached and zero lot line 35’ zoned/40' ft actual - Two- Family zoned 35’/35’ actual - Single family 35’ zoned/42’ actual - Townhouse 35 zoned/42 actual - Two- Family/Single family zero lot line 35’ zoned/42’ actual - Multi-Family 60’ zoned/62’ actual Page 8082 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 15 of 25 October 3, 2025 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Water and wastewater mains are available along Greenway Road. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. The project is covered under an existing SFWMD ERP, and stormwater outflows are restricted to the County’s allowable discharge rate for Henderson Creek-Belle Meade Basin South (0.04 cfs/acre), notably one of the most restrictive discharge rates in Collier County. Ultimately, the stormwater drainage from the project is conveyed in the roadside swale system of Fritchey and Greenway roads, consistent with the drainage patterns that currently exist for this site. In addition, the full details of any proposed stormwater system will also be evaluated during the County’s site development permit process. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The County Attorney’s Office reviewed documents submitted with the application and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the [GMP]. Comprehensive Planning staff finds that the proposed PUD will only be consistent with the GMP upon adoption of the companion GMPA-PL20220002063. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The petitioner proposes 60% of the total area of the site as open space. The LDC requires 50% for affordable housing projects. Because the applicant is seeking the density bonus through the GMPA, the provision that the affordable units be throughout the development doesn’t apply, and this qualifies as an affordable with 260 units set aside. And with a commitment to provide 60% open space, the development complies with the open space requirement. Page 8083 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 16 of 25 October 3, 2025 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. The development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Water and wastewater mains are available along Greenway Road. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Water and wastewater mains are available along Greenway Road. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Nine deviations are requested from the LDC in connection with this request to rezone to RPUD. See the deviations section of the staff report beginning on page 19. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered the proposed change in relation to the following when applicable.” 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the GMP. The proposed PUD is inconsistent with the GMP, unless the Board approves the companion GMPA first or concurrently with the PUD, and the uses and intensities align. Page 8084 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 17 of 25 October 3, 2025 2. The existing land use pattern. The surrounding land uses are described in the Surrounding Land Use and Zoning section on page 4 of this staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This rezoning will not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed PUD zoning boundaries follow the property ownership boundaries. The zoning map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, but is being requested in compliance with the LDC provisions to seek such changes. The petitioner believes the rezoning is necessary for the purpose of constructing a residential development. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The neighborhood and living conditions are characterized by the rural and natural lands in the vicinity of the site. The proposed development is more intense than the nearby residential areas to the west and agricultural areas to the north, east, and south. The proposed change will not adversely influence living conditions in the neighborhood. The development standards proposed ensure compatibility with neighboring properties. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, as outlined above, i.e., GMP consistent at the time of rezoning, as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The site is currently covered by a SFWMD Environmental Resource Permit (ERP) #11- 112655-P. Project discharge is into the north roadside swale of Fritchey Road, ultimately entering the Greenway Road roadside swale and flowing south towards US-41 roadside canal. Page 8085 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 18 of 25 October 3, 2025 Project allowable discharge is limited to the Henderson Creek-Belle Meade Basin South maximum rate of 0.04 cfs/acre. In addition, site development approval (SDP / PPL) will be required from Collier County, to ensure that local development standards are maintained and that proposed stormwater system(s) are designed consistent with relevant LDC and County Ordinances for water quality and water quantity, during both the interim construction phase and final implementation. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this RPUD will reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Transition from an agricultural zoning designation to a residential planned unit development designation, which allows for the development of 1,299 dwelling units, typically has the effect of increasing property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. Should approval of the proposed GMP Amendment be granted, the proposed change would not constitute a grant of special privilege. Consistency with the FLUE is determined to be a public welfare relationship because actions consistent with the County’s comprehensive plan are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property is currently in use in accordance with the existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The proposed development is more intense than the A/RFMUO Receiving Lands to the north, east, and south, which have agricultural uses, and the residential areas to the west. As illustrated in the PUD Master Plan, a 10-foot-wide Type A Buffer is proposed along the northern perimeter of the PUD, and a 20-foot-wide Type D Buffer or a 10-foot-wide Type A Buffer is proposed along the eastern perimeter. A 20-foot-wide Type D Buffer is proposed along Fritchey Greenway Roads. These buffers should mitigate any adverse conditions and Page 8086 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 19 of 25 October 3, 2025 provide natural transitions from the adjacent properties. The proposed project layout consists of a suburban style PUD, typical of the County’s urban designated future land use areas. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC. Staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that are responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff have concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION The petitioner seeks nine deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner’s rationale and staff analysis/ recommendation are outlined below. Proposed Deviation # 1: (Dead-End Streets) “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.” Petitioner’s Justification: Only a small number of lots will be accessed from the internal dead-end roadways, and a full cul-de-sac is not necessary in order to provide safe access to these lots or to protect public health, safety, and welfare. The project must still comply with the Fire Code and provide sufficient turnarounds for the turn radius of emergency vehicles. Page 8087 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 20 of 25 October 3, 2025 Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation # 2: (Right-of-Way Width) “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.” Petitioner’s Justification: This deviation has been granted for many projects where the roads will remain private. There is adequate width in a 50-foot right-of-way for a private, local road to provide a sufficient cross-section to accommodate all necessary utilities, a sidewalk, and travel lanes while maintaining public safety. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #3: (Type B Buffer) “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.” Petitioner’s Justification: Clubhouse locations will be identified on the subdivision plat for the project, and potential purchases of lots adjacent will be aware of the clubhouse and amenity center use. A 10-foot width provides sufficient space for the required plantings. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #4: (Fences/Wall Height) “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.” Petitioner’s Justification: The applicant proposes an eight-foot wall to provide additional buffering, both visual and auditory. The wall will be constructed to all other standards as required by code, i.e. to Page 8088 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 21 of 25 October 3, 2025 present a finished side to the adjoining lot, to be located no less than six feet from the PUD boundary, and to place all required vegetative plantings and irrigation on the external side of the wall such that 50 percent of the wall is screened within one year of the installation of the vegetative material. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #5: (On-Premises Directional Signs) “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.” Petitioner’s Justification: This deviation will allow flexibility in locating directional signs to ensure they are clearly visible to the traveling public while maintaining public safety. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #6: (Sidewalks) “Deviation #6 (Sidewalks, Bike Lane and Pathway Requirements) requests relief from LDC Section 6.06.02.A.1., “Sidewalks, Bike Lane 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.” Petitioner’s Justification: Tract R2 will be the location for the proposed Habitat for Humanity affordable housing units. The proposed roads are private, low speed, and internal to the site. A sidewalk on one side will still provide sufficient pedestrian facilities while maintaining public safety; and the proposed width of six feet will still allow two pedestrians to walk abreast. This right-of-way layout, utilizing a single, five-foot sidewalk, is used within Habitat for Humanity developments throughout Collier County and will allow Habitat for Humanity to reduce permitting costs via the ability to reuse right-of-way cross-sections and site plans as the basis for this project. Where the proposed development utilizes alleys, they will be providing vehicular access to garages located at the rear of the building, making sidewalks unnecessary. This type of layout is typically found in “new urbanist” style developments, as it provides residential buildings with a walkable frontage: usable, open areas that act as a social space. Additionally, the proposed alleys will be one way, with a ±15’ wide travel lane and ±26’ wide in total to accommodate gutters, and short ±6.50’ long driveways. The reduced traffic and width, and driveways will provide traffic calming and allow for a safe environment for any potential pedestrians without the use of sidewalks. Page 8089 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 22 of 25 October 3, 2025 Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #7A: (Minimum Lot Area) “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.” Petitioner’s Justification: In order to ensure affordability, Habitat for Humanity homes are typically smaller, thus requiring smaller lots. Additionally, this deviation will allow for the market rate units to adjust to the demands of the housing market and better fulfill the Collier County housing needs, such as providing a mixture of housing types. If approved, this deviation will result in a more clustered development pattern than what is required by code. The smaller lot sizes will allow for the maximization of open space in conjunction with the required preservation area, while limiting infrastructure costs, which will result in a more attractive development and cost-savings that will aid in the development of quality, affordable housing portion of the proposed RPUD. Staff Analysis and Recommendation: Similar development standards were approved with Vincent Acres RPUD, with a minimum lot area of 1,680 s.f. and a minimum lot width of 28 ft for single-family detached, attached, and single-family zero lot line. Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #7B: (Minimum Yard Requirements) “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 allow for a minimum side yard of 5 feet and a minimum rear yard of 10 feet for single-family development.” Petitioner’s Justification: In order to ensure affordability, Habitat for Humanity homes are typically smaller, thus requiring smaller lots. Additionally, this deviation will allow for the market rate units to adjust to the demands of the housing market and better fulfill the Collier County housing needs, such as providing a mixture of housing types. If approved, this deviation will result in a more clustered development pattern than what is required by code. The smaller lot sizes will allow for the maximization of open space in conjunction with the required preservation area, while limiting infrastructure costs, which will result in a more attractive development and cost-savings that will aid in the development of quality, affordable housing portion of the proposed RPUD. Staff Analysis and Recommendation: More stringent development standards were approved with Page 8090 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 23 of 25 October 3, 2025 Vincent Acres RPUD, with a minimum side yard of 5 ft for single-family detached and 0 feet or 10 feet for single-family attached/single-family zero lot line. For rear yards, Vincent Acres RPUD was approved with a minimum rear yard of 5 ft from the edge of pavement for single-family detached, attached, and single-family zero lot line. Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #7C: (Minimum Yard Requirements) “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.” Petitioner’s Justification: In order to ensure affordability, Habitat for Humanity homes are typically smaller, thus requiring smaller lots. Additionally, this deviation will allow for the market rate units to adjust to the demands of the housing market and better fulfill the Collier County housing needs, such as providing a mixture of housing types. If approved, this deviation will result in a more clustered development pattern than what is required by code. The smaller lot sizes will allow for the maximization of open space in conjunction with the required preservation area, while limiting infrastructure costs, which will result in a more attractive development and cost-savings that will aid in the development of quality, affordable housing portion of the proposed RPUD. Staff Analysis and Recommendation: More stringent development standards were approved with Vincent Acres RPUD, with a minimum front yard of 12 feet, the side yard at 0 feet or 5 feet, and the rear yard of 5 feet from the edge of pavement for townhouses. Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” DECEMBER 5, 2022, NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on December 5, 2022, at the Rookery Bay National Estuarine Research Reserve, the Auditorium, located at 300 Tower Road, Naples, FL. The meeting commenced at approximately 5:30 p.m. and ended at 6:45 p.m. Seventeen members of the public attended. Bob Mulhere, the agent, conducted the meeting, introducing the consultant team and staff, and then gave a PowerPoint presentation. The presentation consisted of an overview of the proposed RPUD rezoning application and the companion GMPA. Following the agent’s presentation, the meeting was opened to attendees to make comments and ask the consultant team questions regarding the proposed development. The concerns discussed included traffic, density, affordable housing units, notification of the NIM and public hearing process, native species on the site, and the design and price range of the proposed market-rate units. No commitments were made. A copy of the NIM Summary, NIM advertising, and sign-in sheet are included in Attachment B. Page 8091 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 24 of 25 October 3, 2025 APRIL 14, 2025, NEIGHBORHOOD INFORMATION MEETING (NIM): Because the petition exceeded the first anniversary of the first NIM, the second NIM was scheduled. The applicant conducted a second NIM on April 14, 2025, at the Rookery Bay National Estuarine Research Reserve, the Auditorium, located at 300 Tower Road, Naples, FL. The meeting commenced at approximately 5:30 p.m. and ended at 5:44 p.m. Three members of the public attended. Jeremie Chastain, the agent, conducted the meeting with introductions of the consultant team and staff, and gave a PowerPoint presentation. The presentation consisted of an overview of the proposed RPUD rezoning application and the companion GMPA. Following the agent’s presentation, the meeting was opened to attendees to make comments and ask the consultant team questions regarding the proposed development. The concerns discussed were the location of the wall and sidewalks around the perimeter of the project and access points. No commitments were made. A copy of the NIM Summary, NIM advertising, and sign-in sheets are included in Attachment B. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW This project does not require an Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition with the following conditions: 1. Before issuance of the first SDP and/or PPL, a follow-up listed species survey observation is required prior to any construction activities. 2. A listed species management plan is required for the management of the Florida panther (Puma concolor coryi), Black bear (Ursus americanus floridanus), caracara (Caracara cheriway), and all other listed species. 3. Applicant shall provide a 6-foot fence or wall along the boundaries of the project to discourage large mammals from entering the proposed development. COUNTY ATTORNEY'S OFFICE REVIEW: This Staff Report was reviewed by the County Attorney’s office on September 19, 2025. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- PL20220002061, Greenway Fritchey RPUD PUDZ, to the Board of County Commissioners (BCC) with a recommendation of approval, subject to approval of the companion GMP Amendment and subject to the following conditions: 1. Before issuance of the first SDP and/or PPL, a follow-up listed species survey observation is required prior to any construction activities. 2. A listed species management plan is required for the management of the Florida panther (Puma concolor coryi), Black bear (Ursus americanus floridanus), caracara (Caracara cheriway), and all other listed species. 3. Applicant shall provide a 6-foot fence or wall along the boundaries of the project to discourage Page 8092 of 9661 PUDZ-PL20220002061 Greenway Fritchey PUDZ Page 25 of 25 October 3, 2025 large mammals from entering the proposed development. Attachments: A. Draft Ordinance B. 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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; Page 8096 of 9661 Page 2 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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). Page 8097 of 9661 Page 3 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 Page 8098 of 9661 Page 4 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 5. Conservation-related and recreational activities as allowed by the LDC. Page 8099 of 9661 Page 5 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 0 ft. or 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 Page 8100 of 9661 Page 6 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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. Page 8101 of 9661 Page 7 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL-20220002061) (10-7-2025).docx Page 8102 of 9661 Page 8 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL-20220002061) (10-7-2025).docx Page 8103 of 9661 Page 9 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL-20220002061) (10-7-2025).docx Page 8104 of 9661 Page 10 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL-20220002061) (10-7-2025).docx Page 8105 of 9661 Page 11 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL-20220002061) (10-7-2025).docx Page 8106 of 9661 Page 12 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL-20220002061) (10-7-2025).docx Page 8107 of 9661 Page 13 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 Page 8108 of 9661 Page 14 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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. Page 8109 of 9661 Page 15 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 Page 8110 of 9661 Page 16 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 Page 8111 of 9661 Page 17 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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. Page 8112 of 9661 Page 18 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 Developer Agreement (DCA). The DCA provides that prior to the issuance of 1,000th certificate of Occupancy (CO) for the RPUD, the Developer at its sole cost and expense, will Page 8113 of 9661 Page 19 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx design, permit and construct operational improvements at the intersection of U.S. 41 and Greenway Road as described in the DCA. No CO’s may be issued after the 1,000th CO if the intersection improvements are not completed and accepted by the County. 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. Page 8114 of 9661 Page 20 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 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: Page 8115 of 9661 Page 21 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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 Page 8116 of 9661 Page 22 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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. 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 Page 8117 of 9661 Page 23 of 23 Q:\FL-NAPL-HM\HMDATA-NP2\2022\2022036\WP\PUDZ\Post 3rd Resubmittal - Sent to Staff (10-7-2025)\Greenway Fritchey RPUD Document (PL- 20220002061) (10-7-2025).docx 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. 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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IJĺťϙēÍŽôϙÍIJƅϙŕīÍèôϙťĺϙîŘÍĖIJϙťĺϟϙIϙÍŜŜŪıôϙťēÍťϙťēôϙîôŽôīĺŕôŘϙſĖīīϙēÍŽôϙťĺϙŜēĺſϙēĺſϙťēôϙſÍťôŘϙĺIJϙťēôϙ͑͑͘ϙ ÍèŘôŜϙťēôƅϙÍŘôϙîôŽôīĺŕĖIJČϙſĖīīϙċīĺſϠϙæŪťϙſēÍťϙÍæĺŪťϙťēôϙIJôĖČēæĺŘĖIJČϙŕŘĺŕôŘťĖôŜϙťēÍťϙſĖīīϙæôϙÍċċôèťôîϙÍŜϙ ſôīīϦϙIϙſĺŪīîϙīĖħôϙťĺϙŜôôϙÍϙŕīÍIJϙťēÍťϙŜēĺſŜϙēĺſϙťēĖŜϙîôŽôīĺŕıôIJťϙſĖīīϙIJĺťϙIJôČÍťĖŽôīƅϙÍċċôèťϙťēôϙîŘÍĖIJÍČôϙĺċϙ ıƅϙŕŘĺŕôŘťƅϟϙIϙĺæĤôèťϙťĺϙťēĖŜϙŕŘĺĤôèťϙŪIJīôŜŜϙIϙèÍIJϙŜôôϙťēôϙŕīÍIJϙťĺϙıĖťĖČÍťôϙťēĖŜϙŕĺťôIJťĖÍīϙŕŘĺæīôıϟϙIϙīĺĺħϙ ċĺŘſÍŘîϙťĺϙƅĺŪŘϙŘôŜŕĺIJŜôϟϙ ϙ VĺēIJϙ‹ťŘÍťēıÍIJϙ ͓͕͐͏͏ϙ>ŘĖťèēôƅϙ‡îϠϙbÍŕīôŜϠϙ>[ϙ͓͓͒͐͐ϙ ͒͏͒ϙ͓͒͑ϱ͏͔͔͕ϙ VĺēIJϟŜťŘÍťēıÍIJЬČıÍĖīϟèĺıϙ Page 8469 of 9661 Clerk of the Circuit Court and Comptroller - Crystal K. KinzelCollier County, Florida3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324Phone: (239) 252-2646Publication ConfirmationCOLLIER COUNTY STATE OF FLORIDA The attached copy of advertisement, Greenway Fritchey GMPA & PUDZ (PL20220002063) & (PL20220002061) 12-9-25 BCC was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 11/19/2025. THIS IS NOT AN AFFIDAVIT OF PUBLICATION. Page 8470 of 9661 Page 8471 of 9661 Page 8472 of 9661 Page 8473 of 9661