The city of Naples plans to define “underground parking” after being sued over denying an underground garage and discovering its codes don’t provide a definition.
Mayor Teresa Heitmann noted Miami is now building an underground garage 50 feet below ground near Biscayne Bay. “We’re a little behind the times on underground parking,” Heitmann said at a Feb. 18 City Council workshop, adding that members need to educate themselves.
City Manager Gary Young noted that in 2023, Vice Mayor Terry Hutchison urged Council to establish criteria, yet nothing was done. Young suggested staff and City Attorney Matthew McConnell research the Florida Building Code and what other cities are doing, and come up with criteria for a workshop before May.
A legal consultant’s opinion said underground parking isn’t a permitted use in any Naples zoning district and requires a special approval, variance or deviation. Five projects with underground parking were approved by Council before Naples was sued in December 2023.
M Development filed its lawsuit three months after Council halted all underground-garage plans due to flooding concerns after Hurricane Ian. The lawsuit alleged Council imposed an illegal moratorium that prevented its development from being approved. M Development settled in June 2024 and in October transferred its interest in the project, now called The Avenue, which has street-level parking.
The legal consultant also said Senate Bill 250 doesn’t preempt Naples from adopting an ordinance to allow permitted or conditional uses for underground parking or enacting regulations.
In February 2000, voters approved a commercial building height amendment to the City Charter that bars buildings higher than 42 feet, excluding public-service districts. Commercial buildings in Naples are limited to three stories, and height is measured from the first floor Federal Emergency Management Agency elevation.
But in February 2024, City Council voted 4-1, with Hutchison voting nay, to allow NCH Baker Hospital to rezone from a medical district to public-service, and approved a conditional use allowing NCH to build a five-story, 87-foot-high heart center, with Hutchison and Council member Beth Petrunoff dissenting.
This month, Petrunoff said she didn’t want to violate the height amendment, but agreed they could consider underground parking as a conditional use.
“It’s pretty clear it was done because people were very worried about Miami-ization, increased density and increased intensity,” she said of the 2000 ballot referendum. “… I’m vehemently opposed to running over our charter height amendment and our residents like a speed bump. Their vote on the charter-height amendment is the most sacred rule that we have because it is a direct vote of the people.”
Removing water from the garage below 465 5th Ave. S. was a “debacle,” she said, and Spring Lake, a city retention pond designed to filter stormwater, turned black overnight — costing taxpayers more than $1 million to remediate. She pointed out Council intended that garage for public use, yet it’s closed to the public, with No Trespassing signs.
She noted city code is silent on the definition of a floor and opinions over the years vary, so they must defer to Florida Building Code, which says an underground garage is a first floor. She also cited dangers of flooding, including lithium batteries in electric cars, and urged city officials to learn from past hurricanes and mistakes.
“It’s as clear as mud on that in terms of what opinions different people have had over time,” added Council member Ray Christman, who noted it isn’t economically feasible for developers to build an underground garage if they’re only allowed two floors above.
Council member Bill Kramer contended underground parking is better than surface parking because it reduces intensity, but Council member Linda Penniman said no matter what they do, they will “run amok” of the charter amendment.
The city planner is adamantly against underground parking.
“It increases density and intensity and I think it places our residents, property and life safety at risk,” Erica Martin said, noting it doesn’t fit the comprehensive plan and other guiding documents. “These are contradictory to resilience planning in the city. They don’t add to resiliency, but instead, they complicate efforts to mitigating flooding risks, saving lives and minimizing damage to property.”
She noted federal predictions show Naples faces rising sea levels of several feet in the future and added: “We’re going to have the community screaming at us if we continue with it down this path.”
The city’s 364-space First Avenue parking garage is set to open March 17 and should help to allay parking woes.
Building Official Steve Beckman will work with the city attorney and staff to add language for proper ventilation, electrical, plumbing, mechanical, structural and flood requirements, as well as occupancy and draining stormwater after flooding and electrical vehicle and other safety concerns.
This story was published on March 14 in The Naples Press.
