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CO o of D CD cQ CD r 0 O 7j CD d gu C o 0 I- D z oc CO 1 CO 5G) z ? _ O04.1 n..O = m o rt r CD� _ —I D wm < oo .�.corn m c --I -1 cnD o 2 Cn m z n O m z v z m 0 go _ 20 I- ril z O '--1 p z = 0 F,3 1 0 zm m 0wir r TI r D m -I D Cn XI O � co oo - D O 7:1ITi E DCm ZZD - o �m � � o-20xiCDo D - 1 m -i Q == -' aO = rTh � D -o7 Togo Cl) 0 mo rn = ODDz • - -- r- xrn -- Dmcn z . on -1 02J QzZm ^, 0 C G7p `"nV in O � 7 m m � 2• 0Op Dcn I - cnzwD �m m DD Vi , � D mm mn o O CO Z23Oo �(�Or ' I mTI Dn-I oC Cn cnOj' m � o D z o m c� o -ccv n m v m z --I CD ./ O —I m m _ > DmD Zr- Cl) v mr Q m o * cno o ki XI m m m -< --1 m Gz) Cl) C -�-I 0 = 0 O m = I-' mm Z XD C o op NI = m m "< 73 m m2 Cn n r-- m 0 D_ 30c� D O - z --i 2 mz plA6NOLIA CASE #2:25-CU-342-SPC HPM WITNESS LIST 1. LeeCircuitcivilcm@ca.cjis20.org CASE #2:25-cu- 342-spc hpm 2. Retired 3. HARRIORI@GMAIL.COM — DEFENDANT HARRISON HUBSCHMAN 4. Efainl@sfmwd.gov Emma - GOVERNMENT Fairjbrosius@sfwmfmd.gov Matt Brosious 5. info@isicompanies.com — INFO @lSl companies 6. bandit@igateway.net - ENGINEER 7. HHayes@ginster.com - JUDGE 8. gary@butlereng.biz — ENGINEER/ATTORNEY 9. terrylhubschman@gmai.com — DEFENDANT 10. gov 11. jim@siesky.net — ATTORNEY 12. Mstudent-sterling@habitatcollier.org — Attorney 13. Beyrent garrett@gmail.com - PLAINTIFF : . y,-. i • i ` The Gopher T /I .: f.,_ _.,, . .. ,,, ... „.,-, -.p.„ '''.•. * 'f,',:. 114'44. , iiiP%;:6 1 ' a TheNaples Preserve 2,,,,,w„.-„,.. __ t►' History .i,,I,li ., "i tc +. a j 1 At the beginning of 2008, 2 juvenile gopher tortoises lived in The ,'` ', .'lf„•• ,t t " � Naples Preserve. In April of that year, 3 male and 7 female adult ; ,., .7 � + 01; tortoises were legally translocated to our site from a future - • '. , 7 ,ter development area in Lely. To prevent the arrivals from.leaving their a , ,,'`/aY`;:" , r new home, a chain link fence was installed. This 3-foot high fence , „1 . a 1' ! was buried 1 foot into the ground. Since a tortoise burrow has only .'•, , ' - A. •.`.'71' one way in and out, the fence did not need to be any deeper to ., : e.• - _. ,, .; 'i);Z. prevent an escape. Please remember that The Naples Preserve is NOT a recipient site for gopher tortoises. The gopher tortoise is a state-listed threatened species, making it illegal tormove one without.a permit from the Florida Fish and Wildlife Conservation Commission. One may have good intentions in moving a gopher tortoise to what is believed to be a safer location, but is it?. Unintentional harm can come from putting another tortoise into the Naples Preserve. For instance, the tortoise will not have its needed burrow, it will be bullied by the resident males as tortoises are territorial, it may be chased away from good foraging areas, and it may bring disease into the Preserve. The resulting stress may cause the tortoise's death. 1 " 1 1 7:2 About the Burrow •' " ,...2 `'' cR "- , . The opening of the burrow is called the "mouth" and it is the only way . --z: ,; ? ' r'., .� , ` �ti in and out of the burrow. The sand in front of it is called the "apron." t. ,-�- r` The width of the mouth is the length of the tortoise that dug the bur- 1 r row. This is so it can turn around anywhere along the tunnel. The tor- . J toise currentlyoccupying the burrow maynot be the tortoise that dug PY� ,i' • - - it. As the tortoise digs the burrow until it reaches moisture, burrow t lengths will vary. At the end of the tunnel is an enlarged area that is 4 called the"end chamber." The burrow provides shelter from the elements, protection from predators, a place to escape fire, and a controlled environment for not only the tortoise, but also for many mammals, birds, reptiles, and insects. As many animals are not able to survive without the tortoise's burrow, the gopher tortoise is a keystone species. In the Preserve, some of the animals that may use the burrow are: Florida box turtle, southern black racer, honey bee, black widow spider, gray fox, opossum, eastern cottontail rabbit, six-lined racerun- ner, greenhouse frog, along with many species of wasp, ant, beetle, and fly. Breeding and Nesting At the Naples Preserve, breeding behaviors can be witnessed most .:,s ,,;.: • ," • q3., ,may •r• . ;,. vic months of the year with peak activity in February—April and : fir'.: l.,s• , October—December. if you see a tortoise on the apron facing the , 4.�;� 10 burrow and there is a tortoise in the mouth facing out, the one in .A • .- -\ :4!,./. the mouth is a female and the one on the apron is a male. If the t `''" , -I male is moving his head up-and-down or sideways, he is "talking" ..01 � ,-; `` to the female and trying to coax her out of the burrow. 'r 4 to, _ r • : ' (The gopher tortoise vocalizes below our hearing level, so you will 1 tric not hear any sound.) Our tortoises normally nest from the end of March until the end of May; however, recent evidence indicates that there may also be a nesting season in November-December.A female will not nest more than once a year and she does not guard her nest.The nest is usually at a burrow (may not be hers),in the area between the top of the apron and the mouth. She digs the nest cavity using only her back feet and our females may deposit as many as 12 golf ball-sized eggs. Neonates emerge from the nest at around 90,days. Our Neonates and Hatchlings ,• ,.4 1 Under a neonate's nostrils is a projection •,.. that is called an egg tooth. It is used to cut 1,41r, 411111111ill _\ ( through the egg. After exiting the nest, neo- " • dip '``• nates have been observed to start eating. , allb ildi Until it digs its first burrow, a neonate wilt �1 ,:) . ; .,,: ' . : ,.+', A burrow under leaves or into thick grass. It is ' :,:;•_ ztci ,• .' called a "hatchling" after the egg tooth falls • j ,. — off. This usually occurs after 30 days, but can k ' ;./"' Ihk. r , . 'I be earlier. What do our Gopher Tortoises Eat? On our site, not counting the grasses,the tortoises have been seen eating over 40 different-species of plants. Here are just a few: prickly-pear cactus (all parts), muscadine grape (leaves), poison ivy, silkgrass, netted pawpaw (all parts), shiny blueberry (branch and leaves), Mexican clover, saw palmetto berries (important), earleaf greenbriar, liatris leaves, tall elephantsfoot leaves, corkystem passionvine, golden aster, whitemouth dayflower, and tread-softly. The tortoises are not strict herbivores as they have been seen eating carrion (opossum, fish,softshell turtle, gopher tortoise), bones (opossum and Muscovy duck), and feces. Funding for the purchase of ^'•' 4a The Naples Preserve • "• �' , this site was provided by the 111'=_`_111= :vex GULF : ' �,.. ;�:, GULF � ' 1690 tamsa�i Trail North citizens of the City of Naples & 'ljc e1 .2rs' 4.'3.._.._ a Florida Communities Trust. *Pr^e�erne '• • Naples, FL 34102 CCPC August 21 , 2025 PUDZ-PL20240010963 Davis Brookside MPUD Padron@colliercountyfl.gov> aL'nr Thursday,July 17, 2025 1:46 PM To: Minutes and Records; Legal Notice Cc: FinnTimothy; esummers@bowman.com; CrotteauKathynell; RodriguezWanda; GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- **UPDATED** *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Attachments: Ad Request.pdf; Ordinance - 063025.pdf; RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963); RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Follow Up Flag: Follow up Flag Status: Completed Good afternoon, M&R, The attached Ad Request has been updated to include: "sitting as the local agency and the Environmental Advisory Council". Please proceed with the advertisement, it needs to run no later than August 1st and run through the hearing date. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. pp I I X Naples, Florida 34104 /� Ailyn.Padron(a�colliercountyfl.gov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 10:06 AM To: Minutes and Records<MinutesandRecords@collierclerk.com>; Legal Notice<legalnotice@collierclerk.com> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than August 1"and run through the hearing date. Staff and agent approvals are attached; CAO approval is below. i Let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. fl CO I X ClNaples, Florida 34104 /� Ailyn.Padron(a�colliercountyfl.gov From: Kathynell Crotteau Kathynell.Crotteau@colliercountyfl.gov Sent:Thursday,July 17, 2025 7:44 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Ailyn: The ad is CAO approved. Xatlty Crotteau LegalAssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 6:51 AM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountvfl.gov>; esummers@bowman.com; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD(PUDZ) (PL20240010963) Good morning, Kathy, The correct has been made to the Ad Request. Please see attached. Thank you. 2 Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. U p O i col Naples, Florida 34104 Ailyn.PadronCa�colliercountyfl.dov From: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Sent: Wednesday,July 16, 2025 3:33 PM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Ailyn: A correction needs to be made to the advertisement. A space needs to be inserted between "August" and "21" in the first paragraph. Thank you. .Cathy Crotteau, legal.4ssistant/Parahegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 2:58 PM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Ellen Summers<esummers@bowman.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good afternoon, Kathy, Attached is the *Web* Ad Request, Ordinance, and approvals for the referenced petition.The ad will need to be advertised no later than August 15t and run through the hearing date. Please let me know if you have any questions. Thank you. 3 Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier oux 2800 Horseshoe Dr. CI I OI X co Naples, Florida 34104 ltil Ailyn.Padron colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND GENERAL COMMERCIAL (C-4) ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE ZONING OVERLAY-MIXED USE DISTRICT (GTZO-MXD) TO THE MIXED USE PLANNING UNIT DEVELOPMENT (MPUD) ZONING DISTRICT PARTIALLY WITHIN THE GATEWAY TRIANGLE ZONING OVERLAY-MIXED USE DISTRICT (GTZO-MXD) FOR A PROJECT TO BE KNOWN AS THE DAVIS BROOKSIDE MPUD TO ALLOW 66 MULTI-FAMILY RESIDENTIAL DWELLING UNITS AND A 120- BOAT SLIP MARINA; AND PROVIDING FOR REPEAL OF ORDINANCE NO. 23-42. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 8.27± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240010963] WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP of Bowman Consulting, and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Project Brookside JV DevCo, LP petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 50 South, Range 25 East, Collier County, Florida, is changed from the General Commercial (C-4) Zoning District and General Commercial (C-4) Zoning District within the [24-CPS-02572/1955195/1198 Brookside/PUDZ-PL20240010963 6/30/25 1 of 2 Gateway Triangle Zoning Overlay-Mixed Use District (GTZO-MXD) to the Mixed Use Planning Unit Development (MPUD) partially within the Gateway Triangle Zoning Overlay- Mixed Use District(GTZO-MXD) for a 8.27+/- acre project to be known as the Davis Brookside MPUD, to allow 66 multi-family residential dwelling units and a 120-boat slip marina, in accordance with Exhibits A through F attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 23-42, the Brookside Marina rezone is hereby repealed as to the property described in this Ordinance. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: frA Heidi Ashton-Cicko 6-30-25 Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - List of Development Standards Exhibit Cl - Master Plan Exhibit C2 - Building Height Exhibit Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - List of Developer Commitments [24-CPS-02572/1955195/1]98 Brookside/PUDZ-PL20240010963 6/30/25 2 of 2 EXHIBIT A DAVIS BROOKSIDE MPUD LIST OF PERMITTED USES Regulations for the development of the MPUD shall be in accordance with the content of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan(SDP) or plat. Where the MPUD Ordinance does not provide development standards,then the provision of the specific sections of the LDC that are otherwise applicable shall apply. TRACT R(RESIDENTIAL) A. Principal Use: 1. Multi-family dwelling units,not to exceed 66 total dwelling units(16 dwelling units per gross acre of Tract R). B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD. 2. Recreational uses and facilities that serve the residents of Tract R only, such as swimming pools, fitness centers, dining facilities (which may include the sale of food and alcoholic beverages), sports courts, and clubhouse/recreation buildings. 3. Customary accessory uses and structures to residential units, including parking structures, gazebos, fountains, trellises, signage, entry gates and gatehouses, administrative offices, and similar structures. 4. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 5. A maximum of 5 guest suites,as defined in LDC Section 1.08.02,for use of owner's guests only. The guest suites shall not be rented or utilized by the general public and are excluded from the maximum dwelling unit count. 6. Restrooms or office space, not to exceed 260 square feet, to serve the Residential Tract and the Marina Tract of the MPUD. The 260 square feet associated with the restrooms or office space have been excluded from the residential density calculation for purposes of the commercial conversion bonus density in the Growth Management Plan. Page 1 of 13 C:\Users\ashton_hWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6V71Davis Brookside MPUD(PL-20240010963)(6-27-2025)_.docx TRACT M (MARINA) The entirety of Tract M shall not exceed 120 wet slips. A. Principal Uses: 1. Marina(4493 and 4499—except canal operation,cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking and steamship leasing), not to exceed 120 wet slips. Of the permitted 120 wet slips,up to 74 may be dedicated as commercial wet slips,and additional commercial wet slips may be dedicated should sufficient off-site parking be approved, at time of SDP as determined by the County Manager or designee. The remaining wet slips may be designated accessory wet slips for the residential units of Tract R. 2. Water Transportation of Passengers (4489—except airboats/swamp buggy rides). 3. Water Transportation Services (4499), limited to boat cleaning, boat hiring(except pleasure), boat livery (except pleasure), commercial boat rental, and chartering of commercial boats. 4. Amusement and Recreation Services (7999), limited to recreational/pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for liveaboard purposes within the MPUD), and tourist guides. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses, including, but not limited to, boat slips (wet), piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps.No boats shall be permitted to be docked to any marina structure, except to the dedicated 120 wet slips. Page 2 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx EXHIBIT B DAVIS BROOKSIDE MPUD LIST OF DEVELOPMENT STANDARDS A. Residential and Marina Development Standards The table below sets forth the development standards for the uses within the Davis Brookside MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC, including LDC Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area, in effect as of the date of approval of the SDP or subdivision plat. TABLE I: DEVELOPMENT STANDARDS Tract R Tract M PRINCIPAL ACCESSORY PRINCIPAL ACCESSORY USES USES USES USES MIN. LOT AREA N/A N/A N/A N/A MIN. LOT WIDTH N/A N/A N/A N/A MIN. FLOOR AREA 700 S.F. N/A N/A N/A MINIMUM YARD (EXTERNAL—MEASURED FROM THE PUD BOUNDARY) WATERFRONT1 20'/0' 10' 20'/0'for 10'/0'for Marina Marina NORTH PROPERTY 20'/0'for 20'/0'for LINE Marina SPS Marina SPS SOUTH PROPERTY 6.5' SPS 6.5' SPS LINE(DAVIS BLVD.)2 EAST PROPERTY 10'/0'for 10'/0'for LINE Marina SPS Marina SPS WEST PROPERTY 10'/0'for 10'/0'for SPS LINE Marina SPS Marina PRESERVE 20' 10' 20' 10' SETBACKS3 MIN.DISTANCE BETWEEN 10' SPS 10' SPS STRUCTURES MAXIMUM BUILDING HEIGHT4 Zoned 60' SPS 56' SPS Actual 86' SPS 86' SPS N/A- not applicable; SPS -same as principal structures; S.F- square feet. Notes: 1. Pursuant to LDC section 4.02.05,waterfront lands along which a bulkhead line has been established, buildings may be erected out to,but not beyond the bulkhead line,except as provided within Exhibit E—MPUD Deviations. 2. In no case shall the required minimum yard permit the encroachment of a structure within a utility easement unless a letter of no objection or utility deviation is provided by the easement holder at time of SDP. 3. Setbacks from Preserves shall be set forth in LDC Section 3.05.07 H.3., except as otherwise provided within Exhibit E-MPUD Deviations,and balconies may encroach into the required preserve setback,up to the preserve boundary,where the vertical clearance of the native vegetation below is maintained. 4. Pursuant to LDC Section 4.02.01 D.2, and as depicted on sheet 4 of Exhibit C—MPUD Master Plan,the zoned building height shall be measured from the first finished floor to allow on-street parking within the principal structure. Page 3 of 13 C:\Users\ashton_hWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VTDavis Brookside MPUD(PL-20240010963)(6-27-2025)_.docx EXHIBIT C DAVIS BROOKSIDE MPUD MASTER PLAN N r it Ihy M k �� �o w �— §r el `gg n W W NV •w�LlPTW/T E Wr NS!rW 0F YZ-gr8WaYw ~ w C 3R/C3OS". mY ii0 - 1,--,i1- ° ! • u V - t- < O 'e<i I z R�yy4< � po 3? H OmW- L 3bt wi tislMN ? Na8 4 .i M o) ppr r nWt dt N N Oa` gcs. o Wi V€ F Q 6 } Qr .CW , Rec < rag 72 E ya5twW a . � WW5, : 161 i35 Oa W W Z tl1 O z d N Z el•i. a R a 17u.8 Sftl � .Zt , ie n.n¢ 5ia Z ,a2. a �aru e1 D `15g ok ' (2§ Mrj�W Lig I W e,yj l✓7 u4 -U- :05 - w y $ I 4 � F IiiE 2ifiLLitoc,.. F � � � ?�LLa Mg 2 ,,P1;9 ,,. L'• ti . T a„ tx � . il+ �� ~h bill ilia) �1� rr: r I 1 y ag In 1n yn m U Z k� ; S ie I 5 64 Qp 5 g W$ '� 30 g � K� ,...J1 x cr it o O a\ m imz `\\ _____,____ dig aid " c; F in d- � , z ' xn � 5a s w � c \ u�y 1 LL a ; 1 a r t p j I I .; u �� -- �8Qa 12+1 .. a�oi rn a " } I 4 w 2_ '' W: rT gpb z 57G J y �% 4 og xo c,V c a wm VI� G U 6C N LLg= NA LS EI,LOW l NOMO d:N-ELL I)O.MW1010J0W000V0 pO,Sili107rOasMNWW;aa,I00W•LLLIO'3N^C000DOV00,uer.MAI2M10 Page 4of13 C\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VTDavis Brookside MPUD(PL-20240010963)(6-27-2025)_docx en o t w2 / w ƒ\k$ } §L. } ƒ6&7 *2 ) 0 g !■■; 28 , 7,`x ( 0 X7 •-- .. A S2i 2 \f6■ k.72 ,iJ% R > 8686 fwQE d' 0 k 04 7®§* })k 7| kkw� §/\ /� �� . , 7 2§ §et° =Ow < < • 2k§■wk ®j�2 G;k g 2.�§!E &.bb 'AO 2a -7t--§E 8dt2 ■/, �& e!e°z6 u Ia-§;� \\) ƒkk \§ 2§IB/) -2-= - F§ !`�� 2 /�/ t /X§ i -i.� P.a2r 4OU B, I mom n , 3qc n �o 2 6Erkk Y2` q z z / >-■§02 \$ o/ q I < um�e% 2cc k 2 z • §§§;4 }}2 °R A MP clog �� / k°° §§t ( �3 ZZLl2 73/ $_ )O[§/ .§i 22 $;Qy2 2 .1.. Rk WO W §ƒ/ a( §$/aa2/ k( $ ,q& §j31< U) §/ \>-F-*-1 ��C W0. Iiik \-/ 6§ /i))\ ��U \6 32226 .§( .- 8&0L! §§� §e O 0ro 045 6> /§§§a y ¥ [) «o,~ §|§«0 k', k)- §»§2§ 0 0, \UJ7 w \F2k C. \\ <.iO3 AZ■ ® 0U.0 0B§ 0 Page 5o 13 r _n_h\AppData\Loca\Mic__+_\INetCacnonte=o___VT\Davis Brookside_(PL-_m_)� 7-20a v, n a w W x n Ir co (7) 0 Y 11 p �80-2 W:±sgi 0 wwwN > 000� ti 4:W 2 c`y 0 W cc- W zo - Z� Nn UTu'.'•?.i W a mtiw 7Nid n -iW ' I 1 (03M011'd.(}A9) N� IT i00L1 OINCO-_318V118VH 1SHIA Wog.0-A9 T t Ili _ Z W 1 _ d I Q� IA v M v (� z J J J J J 1 Y 0. QLL [_� J J J W Y • .. �. 1 i e Z I.LI 7NI011nB d0 3�7Vi 7 T T T J f �J Q (3A09V S3INOOTdB) I I °D 3NOZ 3dVOSONVI II CO Z ..- H AVMN1VMVNI8VN I I 11 o a$1VMI 5af - ��---1t--' d V 11 W in Ii r co _..{..._S3INOOTd8 301N31X3 i k,J i .0-2t .0-2 - .o-zl—�.o-zt .0-zt--• 1 3J1V IYD I I II ♦ ♦ ♦ ♦ + ♦ a e a 9b cech 8� g 81 W,12 Ili, I— I .5 Fes$ 4 0o ca. O b pX bin W cooto 01 t. 1 St co _ I 4 Z x i p w• ♦ -. z '4 'I W O b K Ol 'q'W 4 Wri74 71 C7OPR VVIAN1 ANI,77J.Ifl NiH 7I..'DY-( W1V.IWS71 I17ffw ,D l7f1 IS11f1Ai1D-777.1 411.1W7WV.NAU I SA1Y fl' Page 6 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\ContentOutlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx EXHIBIT D DAVIS BROOKSIDE MPUD LEGAL DESCRIPTION PARCEL I: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA;THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, EASTERLY 862.10 FEET; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, NORTHERLY 41.51 FEET TO THE NORTH RIGHT-OF- WAY LINE OF DAVIS BOULEVARD (SR-858)AS ESTABLISHED BY DEED RECORDED IN DEED BOOK 11. PAGE 59,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A PLACE OF BEGINNING OF THIS DESCRIPTION. THENCE CONTINUING PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, NORTHERLY 200.00 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°39'20" TO THE RIGHT, 270.05 FEET; THENCE PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID DAVIS BOULEVARD, EASTERLY, DEFLECTING 88°52'30" TO THE RIGHT, 195.45 FEET; THENCE SOUTHERLY, DEFLECTING 90°17'30" TO THE RIGHT, 470.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID DAVIS BOULEVARD;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,WESTERLY 200.00 FEET TO THE PLACE OF BEGINNING. BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA PARCEL II: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, EASTERLY 862.10 FEET; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SAID SECTION 2,NORTHERLY 41.51 FEET TO THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (SR-858) AS ESTABLISHED BY DEED RECORDED IN DEED BOOK II.PAGE 59,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, EASTERLY 200.00 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION. THENCE NORTHERLY DEFLECTING 89°42'30" TO THE LEFT 470.00 FEET; THENCE EASTERLY DEFLECTING 89°42'30" TO THE RIGHT, 70.00 FEET, THENCE SOUTHERLY DEFLECTING 90°17'30" TO THE RIGHT, 470.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID DAVIS BOULEVARD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, WESTERLY 70.00 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. Page 7of13 CAUsers\ashton_hWppData\Local\Microsoft\Windows4NetCache\Content.oudook\Y925N6V DDavis Brookside MPUD(PL-20240010963)(6-27-2025)_.docx PARCEL III: ALL THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2, THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, NORTH 89°38'05" EAST 662.10 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2; THENCE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,NORTH 00°17'20"WEST 40.00 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. 2, PAGE 454, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE CONTINUE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,NORTH 00°17'20" WEST FOR 202.40 FEET TO THE NORTHWEST CORNER OF THOSE LANDS AS DESCRIBED IN SAID O.R. 2,PAGE 454 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, NORTH 00°17'20" WEST 267.60 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R.118, PAGE 361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. 236, PAGE 681, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, NORTH 00°17'20" WEST 160.26 FEET TO THE SOUTH LINE OF BROOKSIDE SUBDIVISION,UNIT 3,PLAT NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 99,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG SAID SOUTH LINE OF BROOKSIDE SUBDIVISION NORTH 89°37'20"EAST 100.00 FEET TO THE EAST LINE OF THOSE LANDS DESCRIBED IN SAID O.R. BOOK 236, PAGE 681; THENCE SOUTH 00°17'20" EAST AND PARALLEL WITH WEST SAID LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,A DISTANCE OF 159.53 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN SAID O.R. 118,PAGE 361; THENCE ALONG THE NORTH LINE OF THOSE LANDS DESCRIBED IN SAID O.R. 118, PAGE 361, NORTH 89°12'16" EAST 103.10 FEET TO THE EAST LINE OF THOSE LANDS DESCRIBED IN SAID O.R. 118, PAGE 361; THENCE ALONG SAID EAST LINE, SOUTH 00°22'00" WEST 267.97 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN SAID O.R. BOOK 2, PAGE 454; THENCE ALONG SAID NORTH LINE SOUTH 89°18'29" WEST 200.00 FEET TO THE WEST LINE OF SAID EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. BEING A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; Page 8of13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6 V 1\Davis Brookside MPUD(PL 20240010963)(6-27-2025)_docx PARCEL IV: THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; BOTH LYING AND BEING IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND: 1. LANDS DESCRIBED IN OR BOOK 2, PAGE 454, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; 2. LANDS DESCRIBED IN OR BOOK 118, PAGE 361, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; 3. LANDS DESCRIBED IN OR BOOK 236, PAGE 681, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; 4. ANY PORTION OF THE LAND DESCRIBED IN THE FOREGOING LEGAL DESCRIPTION EAST OF THE WEST LINE OF THE PROPERTY DESCRIBED IN O.R. BOOK 233, PAGE 228, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5. DAVIS BOULEVARD DESCRIBED IN RIGHT OF WAY DEED RECORDED IN DEED BOOK 11, PAGE 59, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL V: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,SAID POINT BEING NORTH 89°38'10" EAST DISTANCE 662.10 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 0°16'20" WEST,ALONG THE WESTERLY BOUNDARY OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,A DISTANCE OF 242.25 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89°16'10" EAST 200 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 0°16'20" EAST AND PARALLEL TO THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 243.53 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID SECTION; THENCE SOUTH 89°38'10" WEST, ALONG SAID SECTION LINE, 200 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM A STRIP OF LAND DEEDED BY NAPLES LAND DEVELOPMENT COMPANY TO THE COUNTY OF COLLIER FOR HIGHWAY PURPOSES AS RECORDED IN DEED BOOK 11,PAGE 59,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 9 of 13 C:\Users\ashton_h\AppData\Locat\Microsoft\Windows\INetCache\Content.Outlook\Y925N6V71Davis Brookside MPUD(PL-20240010963)(6-27-2025)_.docx EXHIBIT E DAVIS BROOKSIDE MPUD LIST OF DEVIATIONS 1. Deviation from LDC Section 4.05.04 G. Table 17 — Parking Space Requirements, specifically for multi-family dwellings, which allows small-scale recreation facilities that are accessory to a multi-family project and intended only for the residents of that project, exclusive of golf courses/clubhouses, may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities to instead allow recreation facilities parking requirements to be zero (0)when structurally part of the principal multi- family structure. 2. Deviation from LDC section 4.02.05 B.1.—Specific Design Standards for Waterfront Lots, which states"waterfront lands along which a bulkhead line has been established, buildings may be erected out to, but not beyond, the bulkhead line." to instead allow roofed and enclosed balconies to encroach a maximum of 5 feet beyond the bulkhead line in the location identified within Exhibit C of the MPUD and as depicted on Exhibit C-2 of the MPUD—Building Height Exhibit. 3. Deviation from LDC section 3.05.07 H.3.a.—Required Setbacks to Preserves,which states "All principal structures shall have a minimum 25-foot setback from the boundary of any preserve." to instead allow principal structures to have 20-foot setback from the boundary of the on-site preserve. Page 10 of 13 C:\Users\ashton_h\.WppData\Local\Microsoft\Windows\TNetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_dock EXHIBIT F DAVIS BROOKSIDE MPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. A. GENERAL 1. One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the MPUD, and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD.At the time of this MPUD approval, the Managing Entity is Project Brookside Developments LP. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document,to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released from its obligations upon written approval of the transfer by County staff,and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgment of the commitment required by the MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. 2. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligation imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) 3. All other applicable state or federal permits must be obtained before commencement of the development. B. TRANSPORTATION 1. The maximum total daily trip generation for the MPUD shall not exceed 50 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. 2. At time of Plat or SDP,the owner of Tract R will convey an access easement to the owner of Tract M so that it is not landlocked. Page 11 of 13 C:\Users\ashton_hWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(6.27-2025)_.docx C. UTILITIES 1. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan(SDP)approval,as the case may be,offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County Manager or Designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. 2. The Davis Brookside MPUD is located within the City of Naples potable water services area. The City of Naples Utilities Department has verified that there is adequate potable water capacity to serve this project. Prior to approval of a subdivision plat or SDP,the Developer shall provide written documentation that the development plans for the plat or SDP, as the case may be,have been reviewed and approved by the City of Naples Utility Department with respect to the provision of potable water service to the project. D. ENVIRONMENTAL 1. Native vegetation preservation will be located on-site, as depicted on the Master Plan. E. MARINA(TRACT M) 1. The Owner, its successors or assigns, will ensure that access to/from Brookside residents'dock is not impeded and that the dock/pier structures associated with the 39 existing wet slips along the southern shoreline of the subject property will not be extended any further north into the marina basin. 2. The Owner, its successors or assigns, will ensure that Freedom Boat Club installs two cameras to monitor the marina basin no later than the date of completed of the installation of the 73 additional wet slips in the western basin, at no cost to the County or the Brookside residents. 3. The Owner, its successors or assigns, will offer to install a third camera on the property at 1736 Harbor Lane (to monitor vessel activity entering and exiting Rock Creek), subject to the property owner's consent and at no cost to the County or Brookside residents. If the owner of 1736 Harbor Lane accepts the offer and consents, the camera will be installed no later than the date of completion of the installation of the 73 additional wet slips in the western basin. Page 12 of 13 C:\Users\ashton_h\P.ppData\Local\Microsoft\WindowsUNetCache\Content.Outlook\Y925N6V DDavis Brookside MPUD(PL-20240010963)(6-27-2025)_docx 4. The Owner, its successors or assigns, will ensure that Freedom Boat Club sends a manned vessel to the entrance of Rock Creek to monitor activity at anticipated high use times,such as holiday weekends or during water events such as the"Great Dock Canoe Races". 5. The Owner will offer 10 additional cameras for donation to waterfront property owners along Harbor Lane,on a first come/first serve basis,at no cost to the County or the Brookside residents, no later than the date of completion of the installation of the 73 additional wet slips in the western basin. 6. The Owner will designate and reserve one wet slip to a marine law enforcement vessel. 7. Liveaboards are prohibited from mooring at wet slips or anchoring in the canal or marina basin. 8. Personal watercraft (e.g., Jet Skis, Sea-Doos, WaveRunners, etc.) are prohibited from mooring at wet slips or anchoring in the canal or marina basin. 9. The maximum number of boat wet slips shall not exceed 120. 10. Each wet slip is limited to one boat. Page 13 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VI\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx Martha S. Vergara From: Timothy Finn <Timothy.Finn@colliercountyfl.gov> Sent: Wednesday,July 16, 2025 11:46 AM To: PadronAilyn; Ellen Summers; Stephanie Karol Cc: GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Follow Up Flag: Follow up Flag Status: Flagged Approved Timothy Finn Planner Ill Zoning I ' Office:239-252-4312 Collier Coun 2800 North Horseshoe Dr U X ® I Naples, FL 34104 Timothy.Finnacolliercountyfl.gov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 11:13 AM To:Timothy Finn<Timothy.Finn@colliercountyfl.gov>; Ellen Summers<esummers@bowman.com>; Stephanie Karol <skarol@bowman.com> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, Attached is the *Web* Ad Request for your petition. Please let me know if you approve and/or if changes are needed no later than, 11:00am.,Thursday. Please let me know if you have any questions. Thank you. 1 Ailyn Padron Management Analyst I � Zoning ,�, Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. U CI xo Naples, Florida 34104 Ailyn.PadronCa�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Martha S. Vergara From: Ellen Summers <esummers@bowman.com> Sent: Wednesday,July 16, 2025 11:44 AM To: PadronAilyn; FinnTimothy; Stephanie Karol Cc: GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved.Thank you! ELLEN SUMMERS, AICP Senior Manager, Planning and Development I BOWMAN 0: (239)254-2000 I D: (239) 254-2016 I C: (239)287-0066 esummers( bowman.com I bowman.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 11:13 AM To:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Ellen Summers<esummers@bowman.com>; Stephanie Karol <skarol@bowman.com> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: [EXTERNAL] 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, Attached is the *Web* Ad Request for your petition. Please let me know if you approve and/or if changes are needed no later than, 11:00am.,Thursday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I ; Zoning 1 a Office:239-252-5187 Collier oun 2800 Horseshoe Dr. U I Q I X D Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov i Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Martha S. Vergara From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Thursday, July 17, 2025 1:11 PM To: Minutes and Records; Legal Notice Cc: FinnTimothy; esummers@bowman.com; CrotteauKathynell; RodriguezWanda; GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Importance: High Follow Up Flag: Follow up Flag Status: Completed Good afternoon, M&R, Please do not proceed with the posting of the ad. It needs to be updated. Thank you. Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 (Q] X o Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 10:06 AM To: Minutes and Records<MinutesandRecords@collierclerk.com>; Legal Notice<legalnotice@collierclerk.com> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than August 15t and run through the hearing date. Staff and agent approvals are attached; CAO approval is below. Let me know if you have any questions. Thank you! 1 Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. © I D i X Ca I Naples, Florida 34104 /� Ailyn.Padron aC�.colliercountvfl.gov From: Kathynell Crotteau Kathynell.Crotteau@colliercountyfl.gov Sent:Thursday,July 17, 2025 7:44 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Ailyn: The ad is CAO approved. xatlzy Crotteag Legal.4ssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 6:51 AM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD(PUDZ) (PL20240010963) Good morning, Kathy, The correct has been made to the Ad Request. Please see attached. Thank you. 2 Ailyn Padron Management Analyst I Zoning 1 iA Office:239-252-5187 Colli �. Coun 2800 Horseshoe Dr. fl U X, Cl I Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov From: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 3:33 PM To: Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc:Timothy Finn<Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Wanda Rodriguez <Wanda.Rodriguez@colliercountvfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountvfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Ailyn: A correction needs to be made to the advertisement. A space needs to be inserted between "August" and "21" in the first paragraph. Thank you. xatliy Crotteau, Legal.4ssistant/Parahegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron<Ailyn.Padron@colliercountvfl.gov> Sent: Wednesday,July 16, 2025 2:58 PM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Ellen Summers<esummers@bowman.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good afternoon, Kathy, Attached is the *Web* Ad Request, Ordinance, and approvals for the referenced petition.The ad will need to be advertised no later than August 1st and run through the hearing date. Please let me know if you have any questions. Thank you. 3 Ailyn Padron Management Analyst I Zoning 11 Office:239-252-5187 Collier oun 2800 Horseshoe Dr. CI 1101 X D Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 Martha S. Vergara From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Thursday, July 17, 2025 10:06 AM To: Minutes and Records; Legal Notice Cc: FinnTimothy; esummers@bowman.com; CrotteauKathynell; RodriguezWanda; GMDZoningDivisionAds Subject: FW: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Attachments: Ad Request.pdf; Ordinance - 063025.pdf; RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963); RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than August 1st and run through the hearing date. Staff and agent approvals are attached; CAO approval is below. Let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I # Zoning (IT LA Collier ' oun 2800 Horseshoe Dr. [11 I 0 I X CI I Naples, Florida 34104 Ailyn.PadronCa colliercountyfl.gov From: Kathynell Crotteau Kathynell.Crotteau@colliercountyfl.gov Sent:Thursday,July 17, 2025 7:44 AM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Ailyn: The ad is CAO approved. Xatfiy Crotteaz Legal.4ssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 6:51 AM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, Kathy, The correct has been made to the Ad Request. Please see attached. Thank you. Ailyn Padron Management Analyst I Zoning 11ai, Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 171 I X CI I Naples, Florida 34104 Ailyn.Padron(acolliercountyfl.gov From: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 3:33 PM To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; esummers@bowman.com; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Ailyn: A correction needs to be made to the advertisement. A space needs to be inserted between "August" and "21" in the first paragraph. Thank you. .xatliy Crotteau Legalf4ssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 2 From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday,July 16, 2025 2:58 PM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Ellen Summers<esummers@bowman.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD(PUDZ) (PL20240010963) Good afternoon, Kathy, Attached is the *Web* Ad Request, Ordinance, and approvals for the referenced petition.The ad will need to be advertised no later than August 15t and run through the hearing date. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning (F)'* Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 131111 X, co I Naples, Florida 34104 Ailyn.Padron(acolliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on August 21, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center,3299 East Tamiami Trail,Naples,FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND GENERAL COMMERCIAL (C-4) ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE ZONING OVERLAY-MIXED USE DISTRICT (GTZO-MXD) TO THE MIXED USE PLANNING UNIT DEVELOPMENT (MPUD) ZONING DISTRICT PARTIALLY WITHIN THE GATEWAY TRIANGLE ZONING OVERLAY- MIXED USE DISTRICT (GTZO-MXD) FOR A PROJECT TO BE KNOWN AS THE DAVIS BROOKSIDE MPUD TO ALLOW 66 MULTI-FAMILY RESIDENTIAL DWELLING UNITS AND A 120-BOAT SLIP MARINA; AND PROVIDING FOR REPEAL OF ORDINANCE NO. 23- 42. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 8.27± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240010963] N I 1 I I. L i day LN N Holi '� E a z Project :a J Location Harbor LN o m o E UJ 2 Sunset Y LN o 0F coI- Davis BLVcn fa, 4. �ai��. •� Kirkwood .13 • a �. a, g AVE c tt '•1'. E > I E Q o e All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center,3299 East Tamiami Trail, Suite 401,Naples,FL 34112,one(1)week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to August 21,2025. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Joseph K. Schmitt, Chairman ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND GENERAL COMMERCIAL (C-4) ZONING DISTRICT WITHIN THE GATEWAY TRIANGLE ZONING OVERLAY-MIXED USE DISTRICT (GTZO-MXD) TO THE MIXED USE PLANNING UNIT DEVELOPMENT (MPUD) ZONING DISTRICT PARTIALLY WITHIN THE GATEWAY TRIANGLE ZONING OVERLAY-MIXED USE DISTRICT (GTZO-MXD) FOR A PROJECT TO BE KNOWN AS THE DAVIS BROOKSIDE MPUD TO ALLOW 66 MULTI-FAMILY RESIDENTIAL DWELLING UNITS AND A 120- BOAT SLIP MARINA; AND PROVIDING FOR REPEAL OF ORDINANCE NO. 23-42. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD APPROXIMATELY 2/10 OF ONE MILE EAST OF TAMIAMI TRAIL EAST IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CONSISTING OF 8.27± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240010963] WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP of Bowman Consulting, and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Project Brookside JV DevCo, LP petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 50 South, Range 25 East, Collier County, Florida, is changed from the General Commercial (C-4) Zoning District and General Commercial (C-4) Zoning District within the [24-CPS-02572/1955195/1198 Brookside/PUDZ-PL20240010963 6/30/25 1 of 2 Gateway Triangle Zoning Overlay-Mixed Use District (GTZO-MXD) to the Mixed Use Planning Unit Development (MPUD) partially within the Gateway Triangle Zoning Overlay- Mixed Use District(GTZO-MXD) for a 8.27+/- acre project to be known as the Davis Brookside MPUD, to allow 66 multi-family residential dwelling units and a 120-boat slip marina, in accordance with Exhibits A through F attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 23-42,the Brookside Marina rezone is hereby repealed as to the property described in this Ordinance. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: A Heidi Ashton-Cicko 6-30-25 Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - List of Development Standards Exhibit Cl - Master Plan Exhibit C2 - Building Height Exhibit Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - List of Developer Commitments [24-CPS-02572/1955195/1198 Brookside/PUDZ-PL20240010963 6/30/25 2 of 2 EXHIBIT A DAVIS BROOKSIDE MPUD LIST OF PERMITTED USES Regulations for the development of the MPUD shall be in accordance with the content of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan(SDP) or plat. Where the MPUD Ordinance does not provide development standards,then the provision of the specific sections of the LDC that are otherwise applicable shall apply. TRACT R(RESIDENTIAL) A. Principal Use: 1. Multi-family dwelling units,not to exceed 66 total dwelling units(16 dwelling units per gross acre of Tract R). B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD. 2. Recreational uses and facilities that serve the residents of Tract R only, such as swimming pools, fitness centers, dining facilities (which may include the sale of food and alcoholic beverages), sports courts, and clubhouse/recreation buildings. 3. Customary accessory uses and structures to residential units, including parking structures, gazebos, fountains, trellises, signage, entry gates and gatehouses, administrative offices, and similar structures. 4. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 5. A maximum of 5 guest suites,as defined in LDC Section 1.08.02,for use of owner's guests only. The guest suites shall not be rented or utilized by the general public and are excluded from the maximum dwelling unit count. 6. Restrooms or office space, not to exceed 260 square feet, to serve the Residential Tract and the Marina Tract of the MPUD. The 260 square feet associated with the restrooms or office space have been excluded from the residential density calculation for purposes of the commercial conversion bonus density in the Growth Management Plan. Page 1 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows UNetCache\Content.Outlook\Y925N6VTDavis Brookside MPUD(PL-20240010963)(6-27-2025)_door TRACT M (MARINA) The entirety of Tract M shall not exceed 120 wet slips. A. Principal Uses: 1. Marina(4493 and 4499—except canal operation,cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking and steamship leasing), not to exceed 120 wet slips. Of the permitted 120 wet slips,up to 74 may be dedicated as commercial wet slips,and additional commercial wet slips may be dedicated should sufficient off-site parking be approved,at time of SDP as determined by the County Manager or designee. The remaining wet slips may be designated accessory wet slips for the residential units of Tract R. 2. Water Transportation of Passengers (4489—except airboats/swamp buggy rides). 3. Water Transportation Services (4499), limited to boat cleaning, boat hiring(except pleasure), boat livery (except pleasure), commercial boat rental, and chartering of commercial boats. 4. Amusement and Recreation Services (7999), limited to recreational/pleasure boat rentals, operation of charter or party fishing boats, canoe/kayak/rowboat rentals, houseboat rentals (except not for liveaboard purposes within the MPUD), and tourist guides. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses, including, but not limited to, boat slips (wet), piers, walkways, davits, boat lifts, boat lift canopies, and boat ramps.No boats shall be permitted to be docked to any marina structure, except to the dedicated 120 wet slips. Page 2 of 13 C:\Users\ashton_hWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VTDavis Brookside MPUD(PL-20240010963)(6-27-2025)_.docx EXHIBIT B DAVIS BROOKSIDE MPUD LIST OF DEVELOPMENT STANDARDS A. Residential and Marina Development Standards The table below sets forth the development standards for the uses within the Davis Brookside MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC, including LDC Section 4.02.16 — Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area, in effect as of the date of approval of the SDP or subdivision plat. TABLE I: DEVELOPMENT STANDARDS Tract R Tract M PRINCIPAL ACCESSORY PRINCIPAL ACCESSORY USES USES USES USES MIN. LOT AREA N/A N/A N/A N/A MIN. LOT WIDTH N/A N/A N/A N/A MIN. FLOOR AREA 700 S.F. N/A N/A N/A MINIMUM YARD (EXTERNAL—MEASURED FROM THE PUD BOUNDARY) WATERFRONT' 20'/0' 10' 20'/0'for 10'/0'for Marina Marina NORTH PROPERTY 20'/0'for 20'/0'for LINE Marina SPS Marina SPS SOUTH PROPERTY 6.5' SPS 6.5' SPS LINE(DAVIS BLVD.)2 EAST PROPERTY 10'/0'for SPS 10'/0'for SPS LINE Marina Marina WEST PROPERTY 10'/0'for 10'/0'for LINE Marina SPS Marina SPS PRESERVE 20' 10' 20' 10' SETBACKS3 MIN.DISTANCE BETWEEN 10' SPS 10' SPS STRUCTURES MAXIMUM BUILDING HEIGHT4 Zoned 60' SPS 56' SPS Actual 86' SPS 86' SPS N/A-not applicable; SPS -same as principal structures; S.F - square feet. Notes: 1. Pursuant to LDC section 4.02.05,waterfront lands along which a bulkhead line has been established, buildings may be erected out to,but not beyond the bulkhead line,except as provided within Exhibit E—MPUD Deviations. 2. In no case shall the required minimum yard permit the encroachment of a structure within a utility easement unless a letter of no objection or utility deviation is provided by the easement holder at time of SDP. 3. Setbacks from Preserves shall be set forth in LDC Section 3.05.07 H.3., except as otherwise provided within Exhibit E-MPUD Deviations,and balconies may encroach into the required preserve setback,up to the preserve boundary,where the vertical clearance of the native vegetation below is maintained. 4. Pursuant to LDC Section 4.02.01 D.2, and as depicted on sheet 4 of Exhibit C—MPUD Master Plan,the zoned building height shall be measured from the first finished floor to allow on-street parking within the principal structure. Page 3 of 13 C:\Users\ashton_hWppData\Local\Microsoft\WindowsOletCache\Content.Outlook\Y925N6V11Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx EXHIBIT C DAVIS BROOKSIDE MPUD MASTER PLAN X LL ; r, N Y. S m.� : ,,,,,g yyF yLLYUU-Iw� 1p(y < '��' S d 2. II O <m 2muut¢ V1- p F4"�-.� �Q I I mF F 5 8 ; Y O w w �I IL o 2W CC a c r.w.ounwxru.w� P < n `ay ; W '�S i - ..._.._... 0 gf.S,M31" W W V r y3� J� sEr, wl o 2 RWo pH � W a < g g&fn 3 '� yC Wt W ag' �4d t ra g u?ig W �$ C 5 h g 4 y 7 X o u WW Rxg -i-2'1 zp D8y3 Z uy1 6 U a$ ooES c i0 ,il Vlyy ¢ - ®D -- Z��4 li 'J'J����J`Z a �g{ p��ii�4j ISy c yg5]} �L!` 1711�m 1'74 ¢7h NzzO �y�sj n L I ft J1 NgZs' gelgi F I WvpiWec7 � � . w r $ I < . .,xPL 3� z -cc '82 Vzt<o 7,wC : >N�a G W¢Wa �?Z CC ,;.-It It W aL U2 � S g&i g .12 ryZN2 Logs § j. F a n F c, Ur,LL Vv twa d '183VOW UA0 u C y a • 2v t H'. ZZ . s i1 u€ QWzLL a' 8 he N. 1— L p Iz-J2 7 a frJ / �2- V `_s P LL c3N Y ' I /V . 6 i nw i2 w Q' WW!e -g ' k q'k 7. 1 y 2g Er r W woe H •C #'• V �1 Q �`• a a F Iuut y a #YI ar « c� 1!ou I 6 o• V e- 7E g W w'a !4 4 o I&+ W . I Wq❑ s g ni j< W C11 \ 2 ` y W LG ��6 2. ll tL e \ x _ o !r P°aF 2 ; Qal n Wi W as 3 g 4tt ER I �' W 1 ii�� 1 y r r1� nv ®g o 1 Log=u 1 aHcr / z W1.6 p' 4] Pt" a `7i L ps Wak Q. ,A ,t:1 ''' g 26 ml_ - g g ..T- 10E10 p u = M1 VW LC IL 5LCL61VOM4:1 d:N•iLLlpyp0tlM0N0Wd01W',1r0 010 211 10 0r0ad.wI11YM WI el0040-LLi10,711+000000.,00,41911WW1i2Cn 0 Page 4 of l3 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6V7\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx In o » §2 : a ..0. /2 } § - k ��» E d §vi viI-( w}` 8 .■■;_ 28f- -!x ) ��|§5. 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PAGE 59,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A PLACE OF BEGINNING OF THIS DESCRIPTION. THENCE CONTINUING PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, NORTHERLY 200.00 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°39'20" TO THE RIGHT, 270.05 FEET; THENCE PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID DAVIS BOULEVARD, EASTERLY, DEFLECTING 88°52'30" TO THE RIGHT, 195.45 FEET; THENCE SOUTHERLY, DEFLECTING 90°17'30" TO THE RIGHT, 470.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID DAVIS BOULEVARD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,WESTERLY 200.00 FEET TO THE PLACE OF BEGINNING. BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA PARCEL II: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, EASTERLY 862.10 FEET; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SAID SECTION 2,NORTHERLY 41.51 FEET TO THE NORTH RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (SR-858) AS ESTABLISHED BY DEED RECORDED IN DEED BOOK II.PAGE 59,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, EASTERLY 200.00 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION. THENCE NORTHERLY DEFLECTING 89°42'30" TO THE LEFT 470.00 FEET; THENCE EASTERLY DEFLECTING 89°42'30" TO THE RIGHT, 70.00 FEET, THENCE SOUTHERLY DEFLECTING 90°17'30" TO THE RIGHT, 470.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID DAVIS BOULEVARD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, WESTERLY 70.00 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. Page 7 of 13 C:\Users\ashton_hWppData\Local\Microsoft\WindowsUNetCache\Content.Outook\Y925N6V1\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx PARCEL III: ALL THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2, THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, NORTH 89°38'05" EAST 662.10 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2; THENCE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,NORTH 00°17'20"WEST 40.00 FEET TO THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. 2, PAGE 454, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA: THENCE CONTINUE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,NORTH 00°17'20" WEST FOR 202.40 FEET TO THE NORTHWEST CORNER OF THOSE LANDS AS DESCRIBED IN SAID O.R. 2,PAGE 454 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, NORTH 00°17'20" WEST 267.60 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R.118, PAGE 361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE SOUTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. 236, PAGE 681, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, NORTH 00°17'20" WEST 160.26 FEET TO THE SOUTH LINE OF BROOKSIDE SUBDIVISION, UNIT 3, PLAT NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 99,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG SAID SOUTH LINE OF BROOKSIDE SUBDIVISION NORTH 89°37'20" EAST 100.00 FEET TO THE EAST LINE OF THOSE LANDS DESCRIBED IN SAID O.R. BOOK 236, PAGE 681; THENCE SOUTH 00°17'20" EAST AND PARALLEL WITH WEST SAID LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,A DISTANCE OF 159.53 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN SAID O.R. 118,PAGE 361; THENCE ALONG THE NORTH LINE OF THOSE LANDS DESCRIBED IN SAID O.R. 118, PAGE 361, NORTH 89°12'16" EAST 103.10 FEET TO THE EAST LINE OF THOSE LANDS DESCRIBED IN SAID O.R. 118, PAGE 361; THENCE ALONG SAID EAST LINE, SOUTH 00°22'00" WEST 267.97 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN SAID O.R. BOOK 2, PAGE 454; THENCE ALONG SAID NORTH LINE SOUTH 89°18'29" WEST 200.00 FEET TO THE WEST LINE OF SAID EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. BEING A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; Page 8 of 13 C:\Users\eshton_h\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\Y925N6V11Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx PARCEL IV: THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; BOTH LYING AND BEING IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND: 1. LANDS DESCRIBED IN OR BOOK 2, PAGE 454, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; 2. LANDS DESCRIBED IN OR BOOK 118, PAGE 361, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; 3. LANDS DESCRIBED IN OR BOOK 236, PAGE 681, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; . 4. ANY PORTION OF THE LAND DESCRIBED IN THE FOREGOING LEGAL DESCRIPTION EAST OF THE WEST LINE OF THE PROPERTY DESCRIBED IN O.R. BOOK 233, PAGE 228, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5. DAVIS BOULEVARD DESCRIBED IN RIGHT OF WAY DEED RECORDED IN DEED BOOK 11, PAGE 59, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL V: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,SAID POINT BEING NORTH 89°38'10" EAST DISTANCE 662.10 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 0°16'20" WEST,ALONG THE WESTERLY BOUNDARY OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,A DISTANCE OF 242.25 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89°16'10" EAST 200 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 0°16'20" EAST AND PARALLEL TO THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 243.53 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID SECTION; THENCE SOUTH 89°38'10" WEST, ALONG SAID SECTION LINE, 200 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM A STRIP OF LAND DEEDED BY NAPLES LAND DEVELOPMENT COMPANY TO THE COUNTY OF COLLIER FOR HIGHWAY PURPOSES AS RECORDED IN DEED BOOK 11, PAGE 59, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 9 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6V DDavis Brookside MPUD(PL-20240010963)(6-27-2025)_docx EXHIBIT E DAVIS BROOKSIDE MPUD LIST OF DEVIATIONS 1. Deviation from LDC Section 4.05.04 G. Table 17 — Parking Space Requirements, specifically for multi-family dwellings, which allows small-scale recreation facilities that are accessory to a multi-family project and intended only for the residents of that project, exclusive of golf courses/clubhouses, may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities to instead allow recreation facilities parking requirements to be zero (0) when structurally part of the principal multi- family structure. 2. Deviation from LDC section 4.02.05 B.1.—Specific Design Standards for Waterfront Lots, which states"waterfront lands along which a bulkhead line has been established,buildings may be erected out to, but not beyond, the bulkhead line." to instead allow roofed and enclosed balconies to encroach a maximum of 5 feet beyond the bulkhead line in the location identified within Exhibit C of the MPUD and as depicted on Exhibit C-2 of the MPUD—Building Height Exhibit. 3. Deviation from LDC section 3.05.07 H.3.a.—Required Setbacks to Preserves,which states "All principal structures shall have a minimum 25-foot setback from the boundary of any preserve." to instead allow principal structures to have 20-foot setback from the boundary of the on-site preserve. Page 10 of 13 C\Users\ashton_hWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VI\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx EXHIBIT F DAVIS BROOKSIDE MPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. A. GENERAL 1. One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the MPUD, and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD.At the time of this MPUD approval,the Managing Entity is Project Brookside Developments LP. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document,to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released from its obligations upon written approval of the transfer by County staff,and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgment of the commitment required by the MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. 2. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligation imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) 3. All other applicable state or federal permits must be obtained before commencement of the development. B. TRANSPORTATION 1. The maximum total daily trip generation for the MPUD shall not exceed 50 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. 2. At time of Plat or SDP,the owner of Tract R will convey an access easement to the owner of Tract M so that it is not landlocked. Page 11 of 13 C:\Users\ashton_hWppData\Loca\Microsoft\Windows\1NetCache\Content.Outlook\Y925N6V11Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx C. UTILITIES 1. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan(SDP)approval,as the case may be,offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County Manager or Designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. 2. The Davis Brookside MPUD is located within the City of Naples potable water services area. The City of Naples Utilities Department has verified that there is adequate potable water capacity to serve this project. Prior to approval of a subdivision plat or SDP,the Developer shall provide written documentation that the development plans for the plat or SDP, as the case may be,have been reviewed and approved by the City of Naples Utility Department with respect to the provision of potable water service to the project. D. ENVIRONMENTAL 1. Native vegetation preservation will be located on-site, as depicted on the Master Plan. E. MARINA(TRACT M) 1. The Owner, its successors or assigns, will ensure that access to/from Brookside residents'dock is not impeded and that the dock/pier structures associated with the 39 existing wet slips along the southern shoreline of the subject property will not be extended any further north into the marina basin. 2. The Owner, its successors or assigns, will ensure that Freedom Boat Club installs two cameras to monitor the marina basin no later than the date of completed of the installation of the 73 additional wet slips in the western basin, at no cost to the County or the Brookside residents. 3. The Owner, its successors or assigns, will offer to install a third camera on the property at 1736 Harbor Lane (to monitor vessel activity entering and exiting Rock Creek), subject to the property owner's consent and at no cost to the County or Brookside residents. If the owner of 1736 Harbor Lane accepts the offer and consents, the camera will be installed no later than the date of completion of the installation of the 73 additional wet slips in the western basin. Page 12 of 13 C.\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6V7\Davis Brookside MPUD(PL-20240010963)(6-27-2025)_docx 4. The Owner, its successors or assigns, will ensure that Freedom Boat Club sends a manned vessel to the entrance of Rock Creek to monitor activity at anticipated high use times,such as holiday weekends or during water events such as the"Great Dock Canoe Races". 5. The Owner will offer 10 additional cameras for donation to waterfront property owners along Harbor Lane,on a first come/first serve basis,at no cost to the County or the Brookside residents, no later than the date of completion of the installation of the 73 additional wet slips in the western basin. 6. The Owner will designate and reserve one wet slip to a marine law enforcement vessel. 7. Liveaboards are prohibited from mooring at wet slips or anchoring in the canal or marina basin. 8. Personal watercraft (e.g., Jet Skis, Sea-Doos, WaveRunners, etc.) are prohibited from mooring at wet slips or anchoring in the canal or marina basin. 9. The maximum number of boat wet slips shall not exceed 120. 10. Each wet slip is limited to one boat. Page 13 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VTDavis Brookside MPUD(PL-20240010963)(6-27-2025)_.docx Martha S. Vergara From: Ellen Summers <esummers@bowman.com> Sent: Wednesday,July 16, 2025 11:44 AM To: PadronAilyn; FinnTimothy; Stephanie Karol Cc: GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved.Thank you! ELLEN SUMMERS, AICP Senior Manager, Planning and Development I BOWMAN 0: (239) 254-2000 I D: (239)254-2016 I C: (239) 287-0066 esummers@bowman.com I bowman.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 11:13 AM To:Timothy Finn<Timothy.Finn@colliercountyfl.gov>; Ellen Summers<esummers@bowman.com>; Stephanie Karol <skarol@bowman.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: [EXTERNAL] 8/21/25 CCPC- *Web* Ad Request for Davis Brookside MPUD (PUDZ) (PL20240010963) Good morning, Attached is the *Web* Ad Request for your petition. Please let me know if you approve and/or if changes are needed no later than, 11:00am.,Thursday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning 4 Office:239-252-5187 Collier oun 2800 Horseshoe Dr. 151 17 I X. CB I Naples, Florida 34104 Ailyn.PadronCa�colliercountyfl.gov i Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 CCPC August 21 , 2025 PUDA-PL20240010833 Magnolia Pond PUDA From: Hiiyr, nauu„., ,,,ilyn.Padron@colliercountyfl.gov> Sent: Thursday, July 17, 2025 1:54 PM To: Minutes and Records; Legal Notice Cc: GundlachNancy; Chris Scott; CrotteauKathynell; RodriguezWanda; GMDZoningDivisionAds Subject: FW: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Attachments: Ad Request.pdf;Attachment A-Proposed Magnolia Pond PUDA Ordinance 060425.pdf; RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833); RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Completed Good afternoon, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than August 15t and run through the hearing date. Staff and agent approvals are attached; CAO approval is below. Let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier oun 2800 Horseshoe Dr. a X 0 C Naples, Florida 34104 Ailyn.Padron ancolliercountyfl.gov From: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Sent:Thursday,July 17, 2025 12:13 PM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Ailyn: The ad is approved for CAO. i Xatfiy Crotteau, legal✓4ssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron <Ailyn.Padron@colliercountyfl.Rov> Sent:Thursday,July 17, 2025 10:59 AM To: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Cc: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountvfl.Rov> Subject: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good morning, Kathy, Attached is the *Web* Ad Request, Ordinance, and approvals for the referenced petition.The ad will need to be advertised no later than August 1st and run through the hearing date. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I 1 Zoning (LA Office:239-252-5187 Collier ' oun 2800 Horseshoe Dr. 0 J p"I X D Naples, Florida 34104 Ailyn.Padron aC�colliercountvfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on August 21, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 10-06, THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE DWELLING UNITS FROM 231 TO 550 WITH AN AFFORDABLE HOUSING AGREEMENT, TO INCREASE MAXIMUM BUILDING HEIGHTS,ADD DEVIATIONS,AND REVISE THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED WITHIN THE COLLIER BOULEVARD INTERCHANGE INNOVATION ZONE ZONING OVERLAY (CBIIZO), PARTIALLY WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 AND LOCATED ON THE NORTH SIDE OF INTERSTATE 75, 'A MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05± ACRES. IPL202400108331 32nd AVE S J L._ I Project Nook °ahs cm? 41'4 Ma • nolia ' • • B R • V etr 145 • I-7 All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center,3299 East Tamiami Trail, Suite 401,Naples,FL 34112,one(1)week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to August 21,2025. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Joseph K. Schmitt, Chairman ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 10-06, THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE DWELLING UNITS FROM 231 TO 550 WITH AN AFFORDABLE HOUSING AGREEMENT, TO INCREASE MAXIMUM BUILDING HEIGHTS, ADD DEVIATIONS, AND REVISE THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED WITHIN THE COLLIER BOULEVARD INTERCHANGE INNOVATION ZONE ZONING OVERLAY (CBIIZO), PARTIALLY WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 AND LOCATED ON THE NORTH SIDE OF INTERSTATE 75, '/2 MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05±ACRES. (PL20240010833) WHEREAS, on February 23, 2010, the Board of County Commissioners adopted Ordinance No. 10-06, which established the Magnolia Pond Mixed Use Planned Unit Development(the "Magnolia Pond MPUD"); and WHEREAS, Habitat for Humanity of Collier County represented by Christopher Scott, AICP, of Peninsula Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koestner, P.A., petitioned the Board of County Commissioners to amend the Magnolia Pond MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to PUD Document. Exhibits A through F attached to Ordinance No. 10-06, as amended, are hereby amended and replaced with the Exhibits A through F attached hereto and incorporated herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [25-CPS-02589/1950045/1]97 1 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: frA Heidi Ashton-Cicko 6-4-25 Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - List of Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E- List of Deviations Exhibit F - List of Developer Commitments Exhibit 1 - Proposed Sidewalk Improvements-Deviation 4 [25-CPS-02589/1950045/1197 2 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 EXHIBIT A LIST OF PERMITTED USES The Magnolia Pond PUD is+47.05 acres in size and has a maximum number of 231 550 dwelling units permitted with a density of4.911.7 dwelling units per acre. PERMITTED USES No building, structure or part thereof, shall be erected,altered or used, or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line), limited to a maximum of 125 units. 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes buildings containing more than 2 units that are physically connected). 4. Assisted living facilities at a F.A.R. of .60 jfor each four ALF units developed, one residential dw^"`"^u nit shall be "*meted from them um of 231 permitted dwelling units). 5. Any other permitted use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to: 1. Customary accessory uses and structures including carports,garages, and utility buildings. 2. Recreational uses and facilities including clubhouses, swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, horse trails and barns, kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts for residents and their guests. 3. Manager's residences and offices,temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. Magnolia Pond PUDA,PL20240010833 Page 1 of 19 Revised:5/14/2025 EXHIBITQB TABLE I RESIDENTIAL DEVLEOPMENT STANDARDS STANDARDS SINGLE FAMILY PAO LY MULTI FAMILY ASSISTED LUBHOUSE LIVING FAGI- ITS/ Min. Lot Arcs , 00 sq. ft. 5,000 sq.ft. 1,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. {per unit/usc) Mm . 'of Width ! -- •- - - 90 feet interior NA 75 feet 50 feet interior {--1} (1)(45 fcct)(2) {--1} ! -- - •- 110 feet corner 60 fe ,er lots(55 feet)(2) Front Yard 15 feet(5) 5 feet(5) 25 feet 25 feet 25 feet Setback Side Yard 0 feet& 10 feet e -- _ ! -- 15 feet 15 feet 15 feet Sete or both 5 feet _ • -- Rear Yard Set Principal: 20 feet 20 feet e -- 20 feet 20 feet Accessory: 10 feet 10 feet e -- 10 feet 10 feet MP-61D y Setback: 20 feet(3) e -• 20 feet(3) 20 feet(3) 20 feet(3) Principal 10 feet e -- 10 feet 10 feet 10 feet Accessory Magnolia Pond PUDA,PL20240010833 Page 2 of 19 Revised:5/14/2025 . • ` SINGLE FAMILY TWO FAMILY MULTI FAMILY ASSISTED CLUBHOUSE LIVING FACILITY - -. • _•• 75 feet 75 feet 75 feet 75 feet -- Garage 23 feet 23 feet 23 feet 23 feet • Setback(1} Preserve Ar o Setback Principal: 25 t 25 feet 25 feet 25 feet 25 feet Accessory: 10 fee• 10 feet 10 feet 10 fcct 10 fcct Distance NA NA One half the One h.. f the One half the Between cum of the cum of the cum of the Principal g ,. �:'•: Structures heights. eights. heights. Distance 10 feet e -- 10 feet 10 feet 10 feet between Accessory Structures: 444)4141-61-m Zoned Height Principal: 35 feet and 2 -- •_ 3' feet and 3 38 feet and 3 35 feet and 2 stories stories .,torics stories stories Accessory: 20 feet 20 feet -- 20 feet 20 feet Ma*i-1344.1-m Actual Height Principal: '12 feet and 2 -- . •. 15 feet and 3 15 feet and 3 412 feet and-4 stories ctoric- stories stories stories Accessory: 27 feet 27 f et 27 feet 27 feet 20 feet Minim m 1200 sq.ft. 1.00 sq.ft. 1 bdr. 650 sq. { } 1200 sq.ft. Floor Arcs ft, 2 bdr. 900 sq. ft, 3 bdr 1050 cq.ft. Mini m 2 car :arage 1 car garage 1 carport 44 NA carport or space or 1 car garage per unit garage {1) May be reduce: on cul de sac lots. {2) Minimum to rontagc in parentheses applies only in cases where a dwelling unit in a 2 family tructure is on {3)Threes •ry buildings shall be set back a minimum of three hundred feet from the Golden Gate C al right Magnolia Pond PUDA,PL20240010833 Page 3 of 19 Revised:5/14/2025 {4-)A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage. {6) Maximum floor area for ALF shall be calculated per the permitted F.A.R. of.60. the multi family parking requirements. wall or 15 feet in width if only vegetation is installed. Magnolia Pond PUDA,PL20240010833 Page 4 of 19 Revised:5/14/2025 EXHIBIT B DEVELOPMENT STANDARDS STANDARDS SINGLE- TWO-FAMILY/ MULTIFAMILY ASSISTED LIVING CLUBHOUSE1 FAMILY DUPLEX FACILITY MIN. LOT AREA 7,500 S.F. 3,000 S.F./UNIT 10,000 S.F. 10,000 S.F. 7,500 S.F. MIN. LOT WIDTH 50' 45' 100' 75' 50' MIN. FLOOR AREA 1,200 SF 1,100 S.F./UNIT 650 S.F./UNIT N/A N/A FLOOR AREA RATIO N/A N/A N/A 0.60 N/A MIN. 1-75 SETBACK2 75' 75' 75' 75' 75' MIN.GOLDEN GATE CANAL SETBACK 300' 300' 300' 300' 300' PRINCIPAL STRUCTURES MIN. FRONT YARD 15' 15' 25' 25' 25' MIN.SIDE YARD 5' 0 OR 5'3 15' 15' 15' MIN. REAR YARD 20' 20' 20' 20' 20' MIN. PRESERVE 25' 25' 25' 25' 25' SETBACK MIN. DISTANCE N/A 0 OR 10' 30' 20' 20' BETWEEN STRUCTURES MAX. BUILDING 35' 35' 57' 50' 35' HEIGHT-ZONED MAX. BUILDING 42' 42' 65' 62' 42' HEIGHT-ACTUAL ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS 1 SPS SPS SPS MIN.SIDE YARD SPS SPS SPS SPS 10' MIN. REAR YARD _ 10' 10' 10' 10' 10' MIN. PRESERVE SETBACK 10' 10' 10' 10' 10' MIN. DISTANCE 10' 10' 10' 10' 10' BETWEEN STRUCTURES MAX. BUILDING 35' 35' 35' 35' 35' HEIGHT-ZONED MAX. BUILDNG HEIGHT ACTUAL 35' 35' 35' 35' 35' SPS=Same as Principal Structure Footnotes: 1. Clubhouses that are located within a multifamily residential building are subject to development standards for multifamily dwellings. 2- Buildings that are three-stories or taller must be setback a minimum of 100'from 1-75. 3. Side setback may be 0' or 5' provided 10' separation between adjacent principal structures is maintained if not structurally attached. NOTE:Setbacks that conflict with utility standards for the required separation between utility infrastructure and buildings or structures do not constitute an approved deviation Magnolia Pond PUDA,PL20240010833 Page 5 of 19 Revised:5/14/2025 EXHIBIT C MPUD MASTER PLAN Magnolia Pond PUDA,PL20240010833 Page 6 of 19 Revised:5/14/2025 ZONING:RSF-3 LAND USE:RESIDENTIAL 15'TYPE"B" GOLDEN GATE CANAL 25'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE- (O.R.BOOK 1040 PAGE 1333) - BUFFER _ — _ u U ZONING:GOLDEN GATE COMMERCE 1 PARK MPUD LAND USE:SCHOOL 15'TYPE"B" LANDSCAPE BUFFER I I,‘ 50'MUTUAL RIGHT-OF-WAY 1-.1' EASEMENT(O.R. ♦.QOOK 351 PAGE 171) 15'TYPE"B" `♦♦ LANDSCAPE— f 11 I ♦♦ BUFFER ZONING:A I 30'DRAINAGE,ACCESS LAND USE:SCHOOL rl AND MAINTENANCE EASEMENT(O.R.BOOK 4575 PAGE 3010) RESIDENTIAL ZONING:GOLDEN GATE (R1) I COMMERCE PARK MPUD $ I LAND USE:VACANT PRESERVE 4 11 2 1 3 J I 10.TYPE"A" y}--h LANDSCAPE BUFFER . 50'MUTUAL RIGHT-OF-WAY 20'TYPE"D" EASEMENT(O.R.BOOK 50'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE BUFFER"-] 359 PAGE 609 O.R. (O.R.BOOK 1040 PAGE 1333) . — 1 . __ BOOK 426 PAGEE 121) > — I.' MAGNOLIA POND DR ,, MAINlnl IA cnNn OP -1-jr, T r 1 _ - - _ I (PUBLIC RIGHT-OF-WAY) 3 In 20'TYPE"D" '" ` ` LANDSCAPE BUFFER 1 POTENTIAL FUTURE ,. w. A. J0` A. " RIGHT OUT ONLY v ` MINIMUM 6'LANDSCAPE -L ` ZONING:COLLIER ,1,. w ZONING:A + . '. BUFFER RESERVATION Ir. BLVD MIXED USE LAND USE:STORM (SEE NOTE#2) • WATER POND - COMM CNTR MPUD AI. AII. v. M. 416 14. .. RESIDENTIAL LAND USE:VACANT PRESERVE (R2) MINIMUM 6'LANDSCAPE '"' " '�` "' " " �-►� BUFFER RESERVATION _ I 2 3 5 (SEE NOTE#2) ,.. u. y. v. ,. .6 ` 30'DRAINAGE,ACCESS ,. AND MAINTENANCE y EASEMENT(O.R.BOOK 4575 PAGE 3006) o �\ 50'MUTUAL LEGEND —_i I RIGHT-OF-WAY EASEMENT ::: IATION ` PG6)(PUBLICGHT-OF-WAY) MINIMUM 6 LADSCPEIDENTIAL E 5 BUFFER RESERVATION -•(SEE NOTE#2) PRESERVE ZONING:PUDANDA t PUD INGRESS/ LAND USE:VACANT EGRESS WATER Bar Scale: 1"=300' MANAGEMENT 0 75' 150' 300' 600' 900' PROJECT: TITLE: CLIENT: SEC:34 TWP:49S ROE:26E 7 P E N I N S U LA® Designed by: NATHAN MULLINS Drawn by: NATHAN MULLINS ENGINEERING MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 Drawing Scale: 1"=300' • ERawsaawo scwRE ARCHITECTURE POND PUDA EXHIBIT 11Cr HUMANITY File Name:P-THTH-001-001-000-X02-1.dwg vi naN�NMFa 1Z fERVa •3 RVE�NO rwv ICES 2600 Golden Oats Pkwy na 239.403.6700 Project Number: P-THTH-001-001-000 o Naples,FL 34105 Pan-En9•com _ CX021 Florida Engineering CA#28275 Sheet ID: — —_ Florida Landscape C.A#LC26000632 Sheet Number: 01 of 02 LAND USE SUMMARY USE ACRES %OF SITE LAKES 6.78±AC 14% EASEMENTS 1.79±AC 4% PRESERVE 9.64±AC 20% LANDSCAPE BUFFERS 1.27±AC 3% MAGNOLIA POND ROAD EASEMENT 1.73±AC 4% DEVELOPABLE AREA 25.84±AC 55% TOTAL SITE AREA 47.05±AC 100% OPEN SPACE REQUIRED 60% PROVIDED 60% PRESERVE CALCULATION PRESERVE REQUIRED: 38.54-ACRES OF EXISTING NATIVE 25%OF EXISTING NATIVE VEGETATION VEGETATION ON-SITE X 0.25=9.64 ACRES PRESERVE PROVIDED 9.64 ACRES • • • DEVIATIONS (SEE EXHIBIT"C"). DEVIATION 1:RELIEF FROM LDC SECTION 4.06.02(C)2,BUFFER YARD REQUIREMENTS. • DEVIATION 2:RELIEF FROM LDC SECTION 6.06.01(0),MINIMUM RIGHT-OF-WAY WIDTHS. DEVIATION 3:RELIEF FROM LDC SECTION 2.06.04 A.14.AND A.16. AFFORDABLE HOUSING CONDITIONS. DEVIATION 4:RELIEF FROM LDC SECTIONS 6.06.02.A.1.SIDEWALK REQUIREMENTS. DEVIATION 5:DEVIATION FROM LDC SECTION 4.05.04.G.,TABLE 17,PARKING SPACE REQUIREMENTS. NOTES. • 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS.AREAS PROVIDED IN THE LAND USE SUMMARY • ABOVE ARE ESTIMATED AN THE FINAL LAND USE CONFIGURATION WILL BE DETERMINED AT THE TIME OF FINAL DESIGN AND PERMITTING. - 2. 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 LDC BUFFER REQUIREMENTS,A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN.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 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. 111101Pilk PROJECT: TITLE: CLIENT: SEC:34 TWP:49S RGE:26E . Designed by: NATHAN MULLINS o P E N I N 5 U LA rd* Drawn by: NATHAN MULLINS • ENGINEERING MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 Drawing Scale: N.T.S. •CIVIL SN I G AND •SRNVEVINO ENGINEERING ARCHITECTURE• IN POND PUDA EXHIBIT NOTES HUMANITY File Name:P-THTH-001-001-000-X02-2.dwg •R ENVIRONMENTAL SERVICES • 2800 0olden Gate Pkwy NR 239.403.6700 Project Number: P-THTH-001-001-000 Naples,FL 34105 Pen-En9.eom C—X02-2 Florida Engineering C.A#28275 Sheet ID: Florida Landscape C.A#LC26000632 Sheet Number: 02 of 02 EXHIBIT D LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD OFFICIAL RECORD BOOK 3719, PAGES 0161 0165 MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/1 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 31, TOWNSHIP 19 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY I.D. ff00296760002 AN-I) PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. ff00297210000 ANC PARCEL 21: 1/1 OF THE SOUTHEAST 1/n OF THE NORTHWEST 9/A OF SECTION 3A TOWNSHIP 49 SOUTH RANGE 26 EAST TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED ' BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NW 1/1 OF SECTION 31, TOWNSHIP 49 SOI ITH, RANGE 26 EAST; RUN THENCE, SOUTH 00°20'07" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION OF 323.86 FEET TO A POINT: THENCE, NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 00°19'13" EAST, A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY; THENCE, FROM A TANGENT BEARING OF SOUTH 76°01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,297.16 FEET, THROUGH AN ANGLE OF 03°00'41" AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE; THENCE, SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00°20'07" WEST ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 34,A DISTANCE OF 316.19 FEET TO THE POINT OF BEGINNING. CONTAINING 5.231 ACRES, MORE OR LESS. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. ff00297280002 AN$ Magnolia Pond PUDA,PL20240010833 Page 9 of 19 Revised:5/14/2025 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49 GRANTOR, AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. tt00297720009 AN PARCEL 39: TOWNSHIP 49 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED 0 CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN O. R. BOOK 994, PAGES 1760 1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS, PROPERTY LD. tt00297880001 ANQ PARCEL 11: 1018, PAGES 521 523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. tt00298000003 AN-13 PARCEL 111: TI UST Dn DT O1 E S 1 9F THE NW 1/4 OF SECTION 3 TOWNSHIP AO SO ITL RANGE 26 EAST IAI CO I IER rrm-rrrnrrrn c i i o i� �t, rvvrrranTrt� �v�vrL-o crcT�-cv ccr�� COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THENCE N 73°00'33"W A DISTANCE OF 893.75 FEET;THENCE N 16°59'27" E A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19" W; THENCE NORTHWESTERL Y ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET THROUGH AN ANGLE OF 01°13'41",AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE;THENCE N 88°28' 35" E A DISTANCE OF 336.37 FEET; THENCE S 00°19'13" E A DISTANCE OF 109.09 FEET; THENCE N 73°00'33"W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND EASEMENTS OF RECORD AND UTILITIES REMAINING IN PLACE AND IN USE IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES. Magnolia Pond PUDA,PL20240010833 Page 10 of 19 Revised:5/14/2025 RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT,AIR,AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (I 75);ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33" W A DISTANCE OF 893.75 FEET; THENCE N BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19"W;THENCE ARC DISTANCE OF 219.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY I.D. H00297280002 A THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 087 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST,SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID PROPERTY. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 47.05+ACRES OF LAND, MORE OR LESS. PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL I.D. #00296760002 PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL I.D. #00297240000 PARCEL 21: Magnolia Pond PUDA,PL20240010833 Page 11 of 19 Revised:5/14/2025 THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE SOUTH 0°20'07" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 74°09'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT; THENCE NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 0°19'13" EAST,A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY;THENCE FROM A TANGENT BEARING OF SOUTH 76°01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURE HAVING A RADIUS OF 11,297.16 FEET,THROUGH AN ANGLE OF 3°00'41"AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE;THENCE SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET;THENCE NORTH 0°20107"WEST,ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 34, A DISTANCE OF 346.19 TO THE POINT OF BEGINNING. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT- CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00297280002 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR,AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009 PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNTING TO NO LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGEMENT RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D.#00297880004 PARCEL 41: Magnolia Pond PUDA,PL20240010833 Page 12 of 19 Revised:5/14/2025 THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1048, PAGE 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.#00298000003 PARCEL 114: THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 34; THENCE RUN N 16°59'37" E, A DISTANCE OF 162.00 FEET; THENCE N 73°00'33"W,A DISTANCE OF 893.75 FEET;THENCE N 16°59'27" E,A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET,THROUGH AN ANGLE OF 1°13'41",AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE;THENCE N 88°28'35" E, A DISTANCE OF 336.37 FEET; THENCE S 01°19'13" E, A DISTANCE OF 109.09 FEET; THENCE N 73°00'33" W,A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS,CONDITIONS AND EASEMENTS OF RECORD AND UTILITY REMAINING IN PLACE AND IN USE, IF ANY,THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES. RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT,AIR, AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (1-75);ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33" W A DISTANCE OF 893.75 FEET; THENCE N 16°59'27" E A DISTANCE OF 152.00 FEET;THENCE S 73°00'33" E A DISTANCE OF 102.33 FEET TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73°00'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37' 19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF 01°13'41" AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY I.D. #00296721009 PARCEL 9: THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY ID#00296800001 PARCEL 30: THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2704 MORE PARTICULARLY DESCRIBED AS FOLLOWS: Magnolia Pond PUDA,PL20240010833 Page 13 of 19 Revised:5/14/2025 THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT OF THE EAST LINE OF SAID PROPERTY. PROPERTY ID#00297600006 SUBJECT TO EASEMENT, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ, FEET, OR 47.05+/-ACRES OF LAND, MORE OR LESS. Magnolia Pond PUDA,PL20240010833 Page 14 of 19 Revised:5/14/2025 EXHIBIT E DEVIATIONS LANDSCAPING AND BUFFERING REQUIREMENTS: Al. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Buffer Yard Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the common property line between single or two family units and multi-family units are internal to the project and employ a similar architectural theme. The planting materials shall be the same as the Type 'B' buffer. 42. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way Widths, which requires a minimum of a 60 foot width,to permit within the proposed MPUD internal roadway right-of-ways of 50 feet in width. 3. Deviation#3 seeks relief from LDC Section 2.06.04 A.14. and A.16,Affordable Housing Conditions,which require that affordable housing units be the same square footage,construction and design as the market rate dwelling units in the development and that the affordable housing units be intermixed with,and not segregated from, the market rate dwelling units in the development to instead allow for an affordable housing product to be permitted and constructed separately from the market rate apartment buildings. The affordable housing units will be owner occupied and located on the north side of Magnolia Pond Drive (R1) and all of the market rate dwelling units will be rental apartments located on the south side of Magnolia Pond Drive (R2). 4. Deviation #4 seeks relief from LDC Sections 6.06.02.A.1, Sidewalk Requirements, which requires 5' sidewalks on both sides of local streets or internal accessways which are adjacent to the development to instead allow an alternative sidewalk plan as shown in Exhibit 1 in lieu of providing sidewalk on the south side of Magnolia Pond Drive along the development's entire frontage. The alternative sidewalk plan has an existing 8' sidewalk on the north side of Magnolia Pond Drive and a 6' sidewalk from the project entrance to the east along the PUD frontage. 5. Deviation #5 seeks relief from LDC Section 4.05.04.G., Table 17, Parking Space Requirements, which requires parking for small-scale recreation facilities that are accessory to single-family or multifamily projects and intended only for the residents to instead require no parking for small-scale recreation facilities that are accessory to the market rate rental apartment units located on the south side of Magnolia Pond Drive and identified as R2 on the Master Concept Plan. Magnolia Pond PUDA,PL20240010833 Page 15 of 19 Revised:5/14/2025 EXHIBIT F LIST OF DEVELOPER COMMITMENTS 1. GENERAL A. The property owner, his or her assigns and or subsequent homeowners associations will be responsible for the maintenance of common areas and infrastructure associated with future development. B. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD,and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Habitat for Humanity of Collier County, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Issuance of a development permit by the 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). D. All other applicable state or federal permits must be obtained before commencement of the development. 2. ENGINEERING A. Prior to SDP approval a FDOT"Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. The project shall utilize internal loop roads whenever feasible and shall eliminate dead-end roads where practical. 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 wastewater collection/transmission system may be required to adequately handle the total estimated peak Magnolia Pond PUDA,PL20240010833 Page 16 of 19 Revised:5/14/2025 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. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by 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. 3. WATER MANAGEMENT A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into Golden Gate Canal shall be submitted prior to Final Plat and/or SDP approval the commencement of construction. B. A 30'wide drainage, maintenance and access easement will be donated at no cost to the County along the entire length of the eastern property line. Said easement will be provided at the time the applicant receives an approved SOP or within 120 days of receiving a written request for the drainage easement from Collier County. Completed. C. Lake setbacks from the perimeter of the MPUD to edge of water may be reduced to twenty-five (25)feet where a six(6)foot high fence or suitable substantial barrier is erected. 4. TRAFFIC A. planned intersection improvements at the Magnolia Pond and CR 4-5 intersectioned have been approved and accepted by Collier County. B. A minimum throat length of 100 feet shall be maintained at any gated entrance. CB. The maximum total daily trip generation for the PUD shall not exceed 246 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.number of trips generated by any proposed development shall be based on the 125 single family units(LUC 210)defined in the TIS exceed those 131 pm peak hour trips. Magnolia Pond PUDA,PL20240010833 Page 17 of 19 Revised:5/14/2025 DC. The donation of the 30'drainage, maintenance and access easement along the eastern property line represents the project's full fair share portion of the one-time maintenance/clean out costs of the MGG-15 drainage swale. Completed. ED. The property owner shall within 30 days of the adoption of this PUD convey at no cost to the County a 20'easement along the southern side of the Golden Gate Canal for use as a pedestrian and bicycle access purposes.The easement will not be used by vehicles beyond those necessary to maintain the improvements constructed within the easement. Completed. 5. ENVIRONMENTAL A. The minimum native preservation requirement shall be 10.28 9.64-acres (411.10 38.54-acres existing indigenous vegetation x 25%= 10.28 9.64-acres to be preserved). B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required preserve acreage is retained): i) Passive recreational areas including recreational shelters. ii) Biking, hiking, and nature and horse trails, and boardwalks. iii) Native preserves and wildlife sanctuaries. iv) Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of the next Development Order. D. A Gopher Tortoise relocation management plan shall be submitted as part of the next Development Order. E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises shall be provided within thirty days of relocation. The report must contain the following information: • the number of burrows excavated, • the number of tortoises relocated, and • the final relocation site. F. 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 LDC buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided 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 PPL and included on the landscape plans for the SDP or PPL. Magnolia Pond PUDA,PL20240010833 Page 18 of 19 Revised:5/14/2025 6. ARCHITECTURAL A. All buildings, lighting,signage, and landscaping within the individual development tracts located on the north and south side of Magnolia Pond Drive and identified as R1 and R2 on the Master Concept Plan shall each be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of thebuildings, signs, and fences/walls to be erected on al4 each of the subject parcels. Landscaping space and streetscape materials along Magnolia Pond Drive frontages shall also be similar in design for all development tracts throughout the subject site.Within any multi farmly ect all ' of` pt for^ orts shall be p aked and finished in tile or metal. Within in tile, metal, or architecturally designed shingles (such as Timberline.)- 7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS A. Care units may be composed of one or more types of care/housing facilities.These care/housing types include, but are not limited to independent living, assisted living,and nursing homes,each of which can have varying operational characteristics.The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: (i) There shall be on-site dining facilities for the residents with food service being on-site or catered. (ii) Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits, (iii) There shall be an on-site manager/activities coordinator to assist residents, and shall be responsible for planning and coordinating stimulating activities for the residents. (iv) A wellness facility shall be provided on- site to provide for exercise and general fitness opportunities for the residents. (v) Each unit shall be equipped with a device to notify emergency service providers in the event of a medical or other emergency. (vi) For independent living units, each unit shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. 8. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement,the Developer has agreed to construct 165 affordable units for households whose initial certified incomes are in or below the low-and very-low category(below 80 percent of the Area Median Income)for Collier County. 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II Z� Jib] �o ZZ 7b" � rid 5. faiikeimarig, .�1 . //// W W � g69� + a22 €b= DN,,SOX-OOJ'Z00'100-H I 3 MI'H.d i�3�.�,is i,� so z."icy, oaJi^—:i��m„ s 'I,,.�i It,.00 LOU H .,�,,,. .,.,�,v,.d�II� L, 8..:�s i�� ��ol L�.n�. . _ „� vv ne] !w LL I �'��IC 91 I4'Id bZ £...SZO�'Cl��� Id] I�'li� 96.tE�SZOZ'fR���'0'^�51 Martha S. Vergara From: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov> Sent: Thursday,July 17, 2025 8:04 AM To: PadronAilyn Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Flagged Approved. Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 Cotier County Nancy Gundlach AICP, PLA, CSM Planner III Zoning (raA Office:239-252-2484 Collier Coun 2800 North Horseshoe Drive 0 i O I X co Naples, Florida 34104 Nancy.Gundlachcolliercountyfl.qov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday,July 16, 2025 3:10 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, i Thank you for the previous approvals. Attached is the updated Ad Request for your review and approval. My apologies for the inconvenience. Thank you Ailyn Padron Management Analyst I Zoning ILA, Office:239-252-5187 Collier Coon 2800 Horseshoe Dr. 0 10I X 1 Naples, Florida 34104 Ailyn.Padron a(�colliercountyfl.gov From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 1:21 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed no later than, 1:00pm.,Thursday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning (7411 Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 I p I X C C Naples, Florida 34104 Ailyn.Padron aC�colliercountyfl.gov 2 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 Martha S. Vergara From: Chris Scott <cscott@pen-eng.com> Sent: Wednesday, July 16, 2025 3:33 PM To: PadronAilyn; GundlachNancy Cc: GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved. Christopher O. Scott, AICP Planning Manager PENINSULA ENGINEERING Direct: 239.403.6727 www.pen-eng.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday,July 16, 2025 3:10 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Thank you for the previous approvals. Attached is the updated Ad Request for your review and approval. My apologies for the inconvenience. Thank you Ailyn Padron Management Analyst I (14 Zoning Collier Coun Office:239-252-5187 A PI X, 'a 2800 Horseshoe Dr. C i Naples, Florida 34104 Ailyn.Padroncolliercountyfl.gov From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 1:21 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscottCa pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed no later than, 1:00pm.,Thursday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning (7)'' Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 I O J X, O Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 2 ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 10-06, THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE DWELLING UNITS FROM 231 TO 550 WITH AN AFFORDABLE HOUSING AGREEMENT, TO INCREASE MAXIMUM BUILDING HEIGHTS, ADD DEVIATIONS, AND REVISE THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED WITHIN THE COLLIER BOULEVARD INTERCHANGE INNOVATION ZONE ZONING OVERLAY (CBIIZO), PARTIALLY WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 AND LOCATED ON THE NORTH SIDE OF INTERSTATE 75, '/ MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05± ACRES. (PL20240010833) WHEREAS, on February 23, 2010, the Board of County Commissioners adopted Ordinance No. 10-06, which established the Magnolia Pond Mixed Use Planned Unit Development(the "Magnolia Pond MPUD"); and WHEREAS, Habitat for Humanity of Collier County represented by Christopher Scott, AICP, of Peninsula Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koestner, P.A., petitioned the Board of County Commissioners to amend the Magnolia Pond MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to PUD Document. Exhibits A through F attached to Ordinance No. 10-06, as amended, are hereby amended and replaced with the Exhibits A through F attached hereto and incorporated herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [25-CPS-02589/1950045/1]97 1 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: f4 - Heidi Ashton-Cicko 6-4-25 Managing Assistant County Attorney Attachments: Exhibit A- List of Permitted Uses Exhibit B - List of Development Standards Exhibit C - Master Plan Exhibit D- Legal Description Exhibit E- List of Deviations Exhibit F - List of Developer Commitments Exhibit 1 - Proposed Sidewalk Improvements-Deviation 4 [25-CPS-02 5 8 9/1 950045/1]97 2 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 EXHIBIT A LIST OF PERMITTED USES The Magnolia Pond PUD is+47.05 acres in size and has a maximum number of 231 550 dwelling units permitted with a density of 4.9 11.7 dwelling units per acre. PERMITTED USES No building,structure or part thereof, shall be erected, altered or used,or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line), limited to a maximum of 125 units. 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes buildings containing more than 2 units that are physically connected). 4. Assisted living facilities at a F.A.R. of .60 (for each four ALF units developed, one residential 5. Any other permitted use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to: 1. Customary accessory uses and structures including carports,garages, and utility buildings. 2. Recreational uses and facilities including clubhouses, swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, horse trails and barns, kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts for residents and their guests. 3. Manager's residences and offices,temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. Magnolia Pond PUDA,PL20240010833 Page 1 of 19 Revised:5/14/2025 TB TABLE I RESIDENTIAL DEVLEOPMENT STANDARDS STANDARDS SI14G_L E FAMILY TWO LYr MULTI FAMnv ASSISTED LUBHOUSE LIVING FACILITY Min. Lot Arc 7, 00 sq.ft. 5,000 sq.ft. 1,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. {per unit/use} -- - - 90 feet interior NA 75 fcct 50 fcct interior {4} {1) (45 fcct)(2) {3} -- -- 110 feet corner 60 fc er lots(55 fcet)(2} Front Yard 15 feet(5) 5 feet(5} 25 feet 25 feet 25 feet Setback Side Yard 0 feet& 10 feet e -- _ e -- 15 feet 15 feet 15 feet Setba-ek or both 5 feet • -- Rear Yard Setlaaek Principal: 20 feet 20 feet 20 feet 20 feet Accessory: 10 feet 10 feet -- 10 feet 10 feet MPUD ▪ y Setback: 20 feet(3} e - 20 feet(3) 20 feet(3} 20 feet(3} ▪ al 10 feet e -- 10 feet 10 feet 10 feet Accessory Magnolia Pond PUDA,PL20240010833 Page 2 of 19 Revised:5/14/2025 `•' " ' ` SINGLE FAMILY TWO FAMILY MULTI FAMILY ASSISTED CLUBHOUSE LIB FACILITY Setback rom I 75 feet 75 feet 75 feet 75 feet Garage 23 feet 23 feet 23 feet 23 feet 23 cet Setback(II) Preserve Ar Setback Principal: 25 - t 25 feet 25 feet 25 feet 25 feet Accessory: 10 fee 10 feet 10 feet 10 feet 10 feet Distance NA NA One half the One h.. f the One half the Between cum of the cum of the sum of the al ding '_• _ ild g Structures heights. eights. heights. Dire 10 feet e -- 10 feet 10 feet 10 feet between Accessory Structures: My n Zoned Height Principal: 35 feet and 2 -- 3' feet and 3 38 feet and 3 35 feet and 2 stories stories ..torics stories stories Accessory: 20 feet 20 feet -- 20 feet 20 feet Actual Height Principal: '12 feet and 2 -- . •_ 415 feet and 3 415 feet and 3 412 feet and 2 ;torics storie- stories stories stories Accessory: 27 feet - 27 feet 27 feet 20 feet "gin 1200 sq.ft. 1.00 sq.ft. 1 bdr. 650 sq. 4-64 1200 sq.ft. Floor Area f 2 bdr. 900 sq. ft, 3 bdr 1050 cq.ft. 2 car _ rage 1 car garage 1 carport 4-7-) NA carport or space or 1 car garage per unit garage {1)May be reduces on cul de sac lots. {2) Minimum to rontagc in parentheses applies only in cases where a dwelling unit in a 2 family tructure is on {3)Threes •ry buildings shall be set back a minimum of three hundred feet from the Colden Gate C al right Magnolia Pond PUDA,PL20240010833 Page 3 of 19 Revised:5/14/2025 (6) Maximum floor a For nl C chali h aI + d +h itt d n o F n the multi family parking requirements. (8}The buffer along Magnolia Pe+}d Drive shall be a Type D bu-#cr of e+t#c wall or 15 feet in width if only vegetation is installed. Magnolia Pond PUDA,PL20240010833 Page 4 of 19 Revised:5/14/2025 EXHIBIT B DEVELOPMENT STANDARDS STANDARDS SINGLE- TWO-FAMILY/ MULTIFAMILY ASSISTED LIVING CLUBHOUSE1 FAMILY DUPLEX FACILITY MIN. LOT AREA 7,500 S.F. 3,000 S.F./UNIT 10,000 S.F. 10,000 S.F. 7,500 S.F. MIN. LOT WIDTH 50' 45' 100' 75' 50' MIN. FLOOR AREA 1,200 SF 1,100 S.F./UNIT 650 S.F./UNIT N/A N/A FLOOR AREA RATIO N/A N/A N/A 0.60 N/A MIN. 1-75 SETBACK2 75' 75' 75' 75' 75' MIN.GOLDEN GATE CANAL SETBACK 300' 300' 300' 300' 300' PRINCIPAL STRUCTURES MIN. FRONT YARD 15' 15' 25' 25' 25' MIN.SIDE YARD 5' 0 OR 5'3 15' 15' 15' MIN. REAR YARD 20' 20' 20' 20' 20' MIN. PRESERVE SETBACK 25' 25' 25' 25' 25' MIN. DISTANCE N/A 0 OR 10' 30' 20' 20' BETWEEN STRUCTURES MAX. BUILDING 35' 35' 57' 50' 35' HEIGHT-ZONED MAX. BUILDING 42' 42' 65' 62' 42' HEIGHT-ACTUAL ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS SPS 10' MIN. REAR YARD 10' 10' 10' 10' 10' MIN. PRESERVE SETBACK 10' 10' 10' 10' 10' MIN. DISTANCE 10' 10' 10' 10' 10' BETWEEN STRUCTURES MAX. BUILDING 35' 35' 35' 35' 35' HEIGHT-ZONED MAX. BUILDNG HEIGHT 35' 35' 35' 35' 35' -ACTUAL SPS=Same as Principal Structure Footnotes: 1. Clubhouses that are located within a multifamily residential building are subject to development standards for multifamily dwellings. 2. Buildings that are three-stories or taller must be setback a minimum of 100'from 1-75. 3. Side setback may be 0' or 5' provided 10' separation between adjacent principal structures is maintained if not structurally attached. NOTE:Setbacks that conflict with utility standards for the required separation between utility infrastructure and buildings or structures do not constitute an approved deviation Magnolia Pond PUDA,PL20240010833 Page 5 of 19 Revised:5/14/2025 EXHIBIT C MPUD MASTER PLAN Magnolia Pond PUDA,PL20240010833 Page 6 of 19 Revised:5/14/2025 ZONING:RSF-3 LAND USE:RESIDENTIAL b 15'TYPE"B" 25'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE it GOLDEN GATE CANAL (O.R.BOOK 1040 PAGE 1333) BUFFER _ ui U ZONING:GOLDEN 111111 GATE COMMERCE PARK MPUD LAND USE:SCHOOL 15'TYPE"B" • LANDSCAPE BUFFER 1, 50'MUTUAL ♦ RIGHT-OF-WAY r`' EASEMENT(O.R. ♦BOOK 351 PAGE 171) 15'TYPE"B" ♦♦ LANDSCAPE— f I ♦♦ BUFFER ZONING:A I 30'DRAINAGE,ACCESS LAND USE:SCHOOL AND NCE � EASEMENT(O.RABOOK 4575 PAGE 3010) RESIDENTIAL �RI I I COMM RCEOPARK MPUD `v v I I LAND USE:VACANT PRESERVE 4 1 2 3 I 110'TYPE"A" f-LANDSCAPE y I I BUFFER 50'MUTUAL RIGHT-OF-WAY 20'TYPE"D" EASEMENT359 PAGE 60&O.R. 50'MUTUAL RIGHT-OF-WAY EASEMENT I LANDSCAPE BUFFER I BOOK 426 PAGE 121) (O.R.BOOK 1040 PAGE 1333) - - - MAGNOLIA POND DR MAnNrn IA onnln pa � I — — _ — (PUBLIC RIGHT-OF-WAY) ._ — — ----r---sa" �n 20'TYPE"D" — ` ` LANDSCAPE BUFFER - -- POTENTIAL FUTURE '" a. '�. ,•. "`' 'I` 'I` RIGHT OUT ONLY -MINIMUM 6'LANDSCAPE 'c �I ZONING:COLLIER ZONING:A +6 .6 w. BUFFER RESERVATION FFFfff BLVD MIXED USE LAND USE:STORM (SEE NOTE#2) WATER POND - LAND SE:CN VR MPUD a A. Mi. SA SA a SA RESIDENTIAL LAND USE:VACANT PRESERVE • — .6- — (R2) — MINIMUM 6'LANDSCAPE a �� BUFFER RESERVATION — — — — — — 1 12 3 5 •_ (SEE NOTE#2) ` 30'DRAINAGE,ACCESS AND MAINTENANCE y EASEMENT(O.R.BOOK 4575 PAGE 3006) o �\ 50'MUTUAL = LEGEND \ I I RIGHT �.( III EASEMENT RIGHT-OF-WAY Y ® ::: IATION INTERSTATE-75 ` (OPRAGE00 6j30 (PUBLIC RIGHT-OF-WAY) MINIMUM 6'LANDSCAPE R# IDENTIAL BUFFER RESERVATION — (SEE NOTE#2) PRESERVE ZONING:PUD AND A t PUD INGRESS/ LAND USE:VACANT —0 EGRESS WATER Bar Scale: 1"=300' MANAGEMENT 0 75' 150' 300' 600' 900' A PROJECT: TITLE: CLIENT: SEC:34 TWP:49S RGE:26E a•�• Designed by: NATHAN MULLINS d P E N I N 5 U LA .'d Drawn by: NATHAN MULLINS ENGINEERING '1 MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 Drawing Scale: 1"=300' cnni. LANDSCAPE ^AR CHITECTURE eNNINO LOPMENT POND P U DA EXHIBIT "Cl HUMANITY File Name:P-THTH-001-001-000-X02-1.dwg �• A ND ZO NING •SUEVEVINO ICES 2600 Golden Gab Pkwy Nu 239.403.6700 Project Number: P-THTH-001-001-000 o Naples,FL 34105 Pen-Eng.com Sheet ID: C—XO2—^I".Florida Engineering C.A#28275 P Florida Landscape C.A#LC26000632 Sheet Number: 01 of 02 LAND USE SUMMARY USE ACRES %OF SITE LAKES 6.78±AC 14% EASEMENTS 1.79±AC 4% PRESERVE 9.64±AC 20% LANDSCAPE BUFFERS 1.27±AC 3% MAGNOLIA POND ROAD EASEMENT 1.73±AC 4% DEVELOPABLE AREA 25.84±AC 55% TOTAL SITE AREA 47.05±AC 100% OPEN SPACE REQUIRED 60% PROVIDED 60% • PRESERVE CALCULATION PRESERVE REQUIRED: 38.54-ACRES OF EXISTING NATIVE • 25%OF EXISTING NATIVE VEGETATION VEGETATION ON-SITE X 0.25=9.64 ACRES v PRESERVE PROVIDED 9.64 ACRES • DEVIATIONS (SEE EXHIBIT"C'). • DEVIATION 1:RELIEF FROM LDC SECTION 4.06.02(C)2,BUFFER YARD REQUIREMENTS. • DEVIATION 2:RELIEF FROM LDC SECTION 6.06.01(0),MINIMUM RIGHT-OF-WAY WIDTHS. DEVIATION 3:RELIEF FROM LDC SECTION 2.06.04 A.14.AND A.16. AFFORDABLE HOUSING CONDITIONS. DEVIATION 4:RELIEF FROM LDC SECTIONS 6.06.02.A.1.SIDEWALK REQUIREMENTS. DEVIATION 5:DEVIATION FROM LDC SECTION 4.05.04.G.,TABLE 17,PARKING SPACE REQUIREMENTS. L NOTES. • 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS.AREAS PROVIDED IN THE LAND USE SUMMARY • ABOVE ARE ESTIMATED AN THE FINAL LAND USE CONFIGURATION WILL BE DETERMINED AT THE TIME OF FINAL DESIGN AND PERMITTING. • 2. 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 VV1TH LDC SECTION 3.05.07.IN ORDER TO MEET THE LDC BUFFER REQUIREMENTS,A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN.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 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. 1 PROJECT: TITLE: CLIENT: SEC:34 TWP:49S ROE:26E PENINSULA 0. Designed by: NATHAN MULIINS Drawn by: NATHAN MULIINS ENGINEERING 4 MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 Drawing Scale: N.T.S. •C,n.ENG,NEEa,Na x..E.a<NnE°.NAE POND PUDA EXHIBIT NOTES HUMANITY No IM6 NDICAP File Name:P-THTH-001-001-CDO-X02-2.dwp vL.NN NO• ,� OFVEIOVNENi 2600 Golden Gate Pkwyeaa 239.403.6700 Project Number: P-THTH-001-001-000 o Naples,FL 34105 Pan-Eng•com '.'Florida Engineering CA#28275 Sheet ID: C'X02-2 Florida Landscape C.A#LC26000632 Sheet Number: 02 of 02 EXHIBIT D LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD OFFICIAL RECORD BOOK 3749, PAGES 0161 0165 MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 19 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY I.D. tt00296760002 AN PARCEL 20: TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTYIn f00297240000 AN PARCEL 21: TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4OF THE NW 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EAST; RUN THENCE, SOUTH 00°20'07" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION OF 323.86 FEET TO A POINT: THENCE, NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH AA°19'13" €AST, A DISTANC€ OF 355 71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY; THENCE, OF SAID CURVE;THENCE, SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00°20'07" WEST ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 34,A DISTANCE OF 346.19 FEET TO THE POINT OF BEGINNING. CONTAINING 5.231 ACRES, MORE OR LESS. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. tt00297280002 ALB Magnolia Pond PUDA,PL20240010833 Page 9 of 19 Revised:5/14/2025 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 19 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR, AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE 115E AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. tt00297720009 AND PARCEL 39: TOWNSHIP 19 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED 0 CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN O. R. BOOK 994, PAGES 1760 1763,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS, PROPERTY LD. tt00297880004 AND PARCEL 11: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/1 OF THE NORTHWEST 1/1 OF SECTION 31, 1018, PAGES 521 523,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. tt00298000003 AND PARCEL 114: THAT PART OF THE S 1 /2 OF THE NW 1/4—OF S€CTION 311, TOWNSI IIP 19 SOUTH, RANGE 26 EAST IN COLLIER v� ��rc� xT=�r i�� t� vvv� COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 34, THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33"W A DISTANCE OF 893.75 FEET;THENCE N 16°59'27" E A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19" W; THENCE NORTHWESTERL Y ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET THROUGH AN ANGLE OF 01°13'41",AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE;THENCE N 88°28' 35" E A DISTANCE OF 336.37 FEET; THENCE S 00°19'13" E A DISTANCE OF 109.09 FEET; THENCE N 73°00'33" W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND EASEMENTS OF RECORD AND UTILITIES REMAINING IN PLACE AND IN USE IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERT SIN-G PURPOSES. Magnolia Pond PUDA,PL20240010833 Page 10 of 19 Revised:5/14/2025 RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT,AIR,AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (I 75);ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33" W A DISTANCE OF 893.75 FEET; THENCE N BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19"W;THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET,THROUGH AN ANGLE 01°13'111"AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY I.D. tt00297280002 AN•B PARTICULARLY DESCRIBED AS FOLLOWS: TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 49 SOUTH, RANGE 26 EAST,SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID PROPERTY. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 47.05+ACRES OF LAND, MORE OR LESS. PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL I.D. #00296760002 PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL I.D. #00297240000 PARCEL 21: Magnolia Pond PUDA,PL20240010833 Page 11 of 19 Revised:5/14/2025 THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE SOUTH 0°20'07" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 74°09'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT; THENCE NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 0°19'13" EAST,A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY;THENCE FROM A TANGENT BEARING OF SOUTH 76°01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURE HAVING A RADIUS OF 11,297.16 FEET,THROUGH AN ANGLE OF 3°00'41"AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE;THENCE SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET;THENCE NORTH 0°20107"WEST,ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 34, A DISTANCE OF 346.19 TO THE POINT OF BEGINNING. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT- CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.#00297280002 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR,AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009 PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNTING TO NO LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGEMENT RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297880004 PARCEL 41: Magnolia Pond PUDA,PL20240010833 Page 12 of 19 Revised:5/14/2025 THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1048, PAGE 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.#00298000003 PARCEL 114: THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 34; THENCE RUN N 16°59'37" E, A DISTANCE OF 162.00 FEET; THENCE N 73°00'33"W,A DISTANCE OF 893.75 FEET;THENCE N 16°59'27" E,A D►STANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET,THROUGH AN ANGLE OF 1°13'41",AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE;THENCE N 88°28'35" E, A DISTANCE OF 336.37 FEET; THENCE S 01°19'13" E, A DISTANCE OF 109.09 FEET; THENCE N 73°00'33"W, A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS,RESERVATIONS,CONDITIONS AND EASEMENTS OF RECORD AND UTILITY REMAINING IN PLACE AND IN USE, IF ANY,THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES. RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT,AIR,AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (1-75);ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33" W A DISTANCE OF 893.75 FEET; THENCE N 16°59'27" E A DISTANCE OF 152.00 FEET;THENCE S 73°00'33" E A DISTANCE OF 102.33 FEET TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73°00'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37' 19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF 01°13'41" AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY I.D. #00296721009 PARCEL 9: THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY ID#00296800001 PARCEL 30: THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2704 MORE PARTICULARLY DESCRIBED AS FOLLOWS: Magnolia Pond PUDA,PL20240010833 Page 13 of 19 Revised:5/14/2025 THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT OF THE EAST LINE OF SAID PROPERTY. PROPERTY ID#00297600006 SUBJECT TO EASEMENT, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ, FEET, OR 47.05+/-ACRES OF LAND, MORE OR LESS. Magnolia Pond PUDA,PL20240010833 Page 14 of 19 Revised:5/14/2025 EXHIBIT E DEVIATIONS LANDSCAPING AND BUFFERING REQUIREMENTS: Al. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Buffer Yard Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the common property line between single or two family units and multi-family units are internal to the project and employ a similar architectural theme. The planting materials shall be the same as the Type 'B' buffer. 82. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way Widths, which requires a minimum of a 60 foot width,to permit within the proposed MPUD internal roadway right-of-ways of 50 feet in width. 3. Deviation#3 seeks relief from LDC Section 2.06.04 A.14. and A.16,Affordable Housing Conditions,which require that affordable housing units be the same square footage,construction and design as the market rate dwelling units in the development and that the affordable housing units be intermixed with,and not segregated from, the market rate dwelling units in the development to instead allow for an affordable housing product to be permitted and constructed separately from the market rate apartment buildings. The affordable housing units will be owner occupied and located on the north side of Magnolia Pond Drive (R1) and all of the market rate dwelling units will be rental apartments located on the south side of Magnolia Pond Drive (R2). 4. Deviation #4 seeks relief from LDC Sections 6.06.02.A.1, Sidewalk Requirements, which requires 5' sidewalks on both sides of local streets or internal accessways which are adjacent to the development to instead allow an alternative sidewalk plan as shown in Exhibit 1 in lieu of providing sidewalk on the south side of Magnolia Pond Drive along the development's entire frontage. The alternative sidewalk plan has an existing 8' sidewalk on the north side of Magnolia Pond Drive and a 6' sidewalk from the project entrance to the east along the PUD frontage. 5. Deviation #5 seeks relief from LDC Section 4.05.04.G., Table 17, Parking Space Requirements, which requires parking for small-scale recreation facilities that are accessory to single-family or multifamily projects and intended only for the residents to instead require no parking for small-scale recreation facilities that are accessory to the market rate rental apartment units located on the south side of Magnolia Pond Drive and identified as R2 on the Master Concept Plan. Magnolia Pond PUDA,PL20240010833 Page 15 of 19 Revised:5/14/2025 EXHIBIT F LIST OF DEVELOPER COMMITMENTS 1. GENERAL A. The property owner, his or her assigns and or subsequent homeowners associations will be responsible for the maintenance of common areas and infrastructure associated with future development. B. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Habitat for Humanity of Collier County, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Issuance of a development permit by the 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). D. All other applicable state or federal permits must be obtained before commencement of the development. 2. ENGINEERING A. Prior to SDP approval a FOOT"Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. The project shall utilize internal loop roads whenever feasible and shall eliminate dead-end roads where practical. 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 wastewater collection/transmission system may be required to adequately handle the total estimated peak Magnolia Pond PUDA,PL20240010833 Page 16 of 19 Revised:5/14/2025 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. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by 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. 3. WATER MANAGEMENT A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into Golden Gate Canal shall be submitted prior to Final Plat and/or SDP approval the commencement of construction. B. A 30'wide drainage, maintenance and access easement will be donated at no cost to the County along the entire length of the eastern property line. Said easement will be provided at the time the applicant receives an approved SOP or within 120 days of receiving a written request for the drainage easement from Collier County. Completed. C. Lake setbacks from the perimeter of the MPUD to edge of water may be reduced to twenty-five (25)feet where a six(6)foot high fence or suitable substantial barrier is erected. 4. TRAFFIC A. have been approved and accepted by Collier County. A minimum throat length of 100 feet shall be maintained at any gated entrance. CB. The maximum total daily trip generation for the PUD shall not exceed 246 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.number of trips generated by any ^d`development shall be based^^the 125 single family units(LUC 210)defined in the TIS exceed those 131 pm peak hour trips. Magnolia Pond PUDA,PL20240010833 Page 17 of 19 Revised:5/14/2025 PC. The donation of the 30' drainage, maintenance and access easement along the eastern property line represents the project's full fair share portion of the one-time maintenance/clean out costs of the MGG-15 drainage swale. Completed. €D. The property owner shall within 30 days of the adoption of this PUD convey at no cost to the County a 20'easement along the southern side of the Golden Gate Canal for use as a pedestrian and bicycle access purposes.The easement will not be used by vehicles beyond those necessary to maintain the improvements constructed within the easement. Completed. 5. ENVIRONMENTAL A. The minimum native preservation requirement shall be 10.28 9.64-acres ('11.10 38.54-acres existing indigenous vegetation x 25% = 10.28 9.64-acres to be preserved). B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required preserve acreage is retained): i) Passive recreational areas including recreational shelters. ii) Biking, hiking, and nature and horse trails, and boardwalks. iii) Native preserves and wildlife sanctuaries. iv) Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of the next Development Order. D. A Gopher Tortoise relocation management plan shall be submitted as part of the next Development Order. E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises shall be provided within thirty days of relocation. The report must contain the following information: • the number of burrows excavated, • the number of tortoises relocated,and • the final relocation site. F. 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 LDC buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided 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 PPL and included on the landscape plans for the SDP or PPL. Magnolia Pond PUDA,PL20240010833 Page 18 of 19 Revised:5/14/2025 6. ARCHITECTURAL A. All buildings, lighting,signage, and landscaping within the individual development tracts located on the north and south side of Magnolia Pond Drive and identified as R1 and R2 on the Master Concept Plan shall each be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of thebuildings, signs, and fences/walls to be erected on a41 each of the subject parcels. Landscaping space and streetscape materials along Magnolia Pond Drive frontages shall a4se be similar in design for all development tracts throughout the subject site.Within any multi in tile, metal, or architecturally designed shingles (such as Timberline). 7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS A. Care units may be composed of one or more types of care/housing facilities.These care/housing types include, but are not limited to independent living, assisted living,and nursing homes,each of which can have varying operational characteristics.The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: (i) There shall be on-site dining facilities for the residents with food service being on-site or catered. (ii) Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits, (iii) There shall be an on-site manager/activities coordinator to assist residents, and shall be responsible for planning and coordinating stimulating activities for the residents. (iv) A wellness facility shall be provided on- site to provide for exercise and general fitness opportunities for the residents. (v) Each unit shall be equipped with a device to notify emergency service providers in the event of a medical or other emergency. (vi) For independent living units, each unit shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. 8. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement,the Developer has agreed to construct 165 affordable units for households whose initial certified incomes are in or below the low-and very-low category(below 80 percent of the Area Median Income)for Collier County. Magnolia Pond PUDA,PL20240010833 Page 19 of 19 Revised:5/14/2025 55 ' 0, to 0y J NFY WU' O O ¢ X 4 X 'o _�.00Z-.d31tl05 I 0 Q Q a W Q ' 0 O pd $Y= 1 • i Iz3 io3 owz a a �Uo 1 o0wo 2¢po ww '_ Born corn OQU� a 4d > I ' lwk aW cca�0 2 � Ow wOaz Z aU OZrec! D I I zw p 3 xO OO a I U >— - O Wwte� .. X ; 9 E U kV I _ c o Z p Y i r - a Q N GIl 4L Z WQ W � t hi w ❑a I I 1W F- z a co Z H_ W aw J zww io3I 0- as zUO1 °°w > OY _ 0 ii N OwWa za aww cc M p p d U Z z 0 O 8w �U I Q w W o U aZi • 0 0 cC V 1 z O OV Z (n x W CZ 4 g = ao a % U J Z W a� �, it / CO &oz ~I . . 0YZ zw W W oa, Zo W Q W cwjrfa OY 1 !— 2 Ow U� a a,a , —co O W aai Xw G �- W a w� G / // W ' 0 W' d a 1...1 o W J Z 0 ap CO O Q Q Z O Wfn J - ' o ipa0 oo _ Z ci Q Zo' u a- J ce el- 0. . o E og n Eea ^w o _ • i. _ 6 q 4 y ' Ztip . � sgoco a j - ZZ Q1a . U I p LL .r= oo -�In3Ti:�f]Qf��®C6T:7tRR[3�ai�as�ra�npi�7cLx�r1Fl•IED;Lijct ti^Rlr.zmtmrnara,aa EEra► CCPC August 21 , 2025 PUDA-PL20240010833 Magnolia Pond PUD rn.Padron@colliercountyfl.gov> Sent: Monday, July 28, 2025 8:05 AM To: Minutes and Records; Legal Notice Cc: GundlachNancy; Chris Scott; CrotteauKathynell; RodriguezWanda; GM DZoningDivisionAds Subject: FW: 8/21/25 CCPC- **UPDATED** *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Attachments: Ad Request.pdf; Attachment A-Proposed Magnolia Pond PUDA Ordinance 060425.pdf; RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833); RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good morning, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than August 15t and run through the hearing date. Staff and agent approvals are attached; CAO approval is below. Let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I r Zoning ( ) Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. U �� X co I Naples, Florida 34104 Ailyn.Padron a(�colliercountyfl.gov From: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Sent: Monday,July 28, 2025 7:40 AM To: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <G M DZoni ngDivisionAds@col liercou ntyfl.gov> Subject: FW: 8/21/25 CCPC- **UPDATED** *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Allyn: The updated ad with the revised map is CAO approved. Xatfiy Crotteag Legal"Assistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Friday,July 25, 2025 3:20 PM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- **UPDATED** *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Kathy, The map has been corrected for this petition; no additional changes were made. Pleas review the updated Ad Request. Thank you. Ailyn Padron Management Analyst I Zoning 1)1-, Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. El poi X Di Naples, Florida 34104 Ailyn.PadronCa�colliercountvfl.gov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 10:59 AM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good morning, Kathy, Attached is the *Web* Ad Request, Ordinance, and approvals for the referenced petition. The ad will need to be advertised no later than August 1st and run through the hearing date. Please let me know if you have any questions. Thank you. 2 Ailyn Padron Management Analyst I Zoning {74 Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 I p 1 X Q Naples, Florida 34104 Ailyn.Padron(a�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on August 21, 2025, in the Board of County Commissioners meeting room, third floor,Collier Government Center, 3299 East Tamiami Trail,Naples,FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 10-06, THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE DWELLING UNITS FROM 231 TO 550 WITH AN AFFORDABLE HOUSING AGREEMENT, TO INCREASE MAXIMUM BUILDING HEIGHTS,ADD DEVIATIONS,AND REVISE THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED WITHIN THE COLLIER BOULEVARD INTERCHANGE INNOVATION ZONE ZONING OVERLAY (CBIIZO), PARTIALLY WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 AND LOCATED ON THE NORTH SIDE OF INTERSTATE 75, 'A MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05± ACRES. [PL20240010833] 32nd AVE S J L I Project N Location oaks c/R Magnolia - an DR .m ,- . V 1-75 ny� • All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerks office, fourth floor, Collier County Government Center,3299 East Tamiami Trail, Suite 401,Naples,FL 34112,one(1)week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to August 21,2025. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Joseph K. Schmitt, Chairman ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 10-06, THE MAGNOLIA POND PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE DWELLING UNITS FROM 231 TO 550 WITH AN AFFORDABLE HOUSING AGREEMENT, TO INCREASE MAXIMUM BUILDING HEIGHTS, ADD DEVIATIONS, AND REVISE THE MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED WITHIN THE COLLIER BOULEVARD INTERCHANGE INNOVATION ZONE ZONING OVERLAY (CBIIZO), PARTIALLY WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 AND LOCATED ON THE NORTH SIDE OF INTERSTATE 75, 1/2 MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05±ACRES. (PL20240010833) WHEREAS, on February 23, 2010, the Board of County Commissioners adopted Ordinance No. 10-06, which established the Magnolia Pond Mixed Use Planned Unit Development(the "Magnolia Pond MPUD"); and WHEREAS, Habitat for Humanity of Collier County represented by Christopher Scott, AICP, of Peninsula Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koestner, P.A., petitioned the Board of County Commissioners to amend the Magnolia Pond MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Document. Exhibits A through F attached to Ordinance No. 10-06, as amended, are hereby amended and replaced with the Exhibits A through F attached hereto and incorporated herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [25-CPS-02589/1950045/1197 1 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: HOC Heidi Ashton-Cicko 6-4-25 Managing Assistant County Attorney Attachments: Exhibit A- List of Permitted Uses Exhibit B - List of Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E- List of Deviations Exhibit F - List of Developer Commitments Exhibit 1 - Proposed Sidewalk Improvements-Deviation 4 [25-CPS-02589/1950045/1]97 2 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 EXHIBIT A LIST OF PERMITTED USES The Magnolia Pond PUD is+47.05 acres in size and has a maximum number of 231 550 dwelling units permitted with a density of 4911.7 dwelling units per acre. PERMITTED USES No building, structure or part thereof,shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line), limited to a maximum of 125 units. 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes buildings containing more than 2 units that are physically connected). 4. Assisted living facilities at a F.A.R. of .60 {for h four ^LF units developed, one residential dwelling unit shall be s ubtraeted from►hem f 23 itt ,d a ll' it } 5. Any other permitted use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to: 1. Customary accessory uses and structures including carports,garages, and utility buildings. 2. Recreational uses and facilities including clubhouses, swimming pools,tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, horse trails and barns, kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts for residents and their guests. 3. Manager's residences and offices,temporary sales trailers,and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. Magnolia Pond PUDA,PL20240010833 Page 1 of 19 Revised:5/14/2025 EXHIBIT B TABLE RESIDENTIAL DEVLEOPMENT STANDARDS STANDARDS SINGLE FAMILY TWO LYY MULT,�, Y ASSISTED LUBHOUSE LIVING FACILITY Min. Lot Arco 7, 00 sq.ft. 5,000 sq.ft. 4,000 sq. ft. 10,000 sq.ft. 7,500 sq.ft. {per unit/use} Mm . 'of`" idth e -- - - 90 feet interior NA 75 feet 50 feet interior {-1} {1) (45 fcct)(2). {1} =e -- - •- 110 feet corner 60 feet corner lots(55 fcct)(2) front Yard 15 feet(5} 5 feet(5} 25 feet 25 feet 25 feet Sef Side Yard 0 feet& 10 feet e -. _ e -- 15 feet 15 feet 15 feet Setback or both 5 feet • -- Rear Yard Setback Principal: 20 feet 20 feet e -- 20 feet 20 feet Accessory: 10 feet 10 feet e -- 10 feet 10 feet MPUD a Setback: 20 feet(3} a 20 feet(3) 20 feet(3) 20 feet(3). 10 feet e 10 feet 10 feet 10 feet Accessory Magnolia Pond PUDA,PL20240010833 Page 2 of 19 Revised:5/14/2025 NDARDS SINGLE FAMILY TWO FAMILY MULTI FAMILY ASSISTED CLUBHOUSE LIVING FACILITY Setback rom I 75 feet 75 feet 75 feet 75 feet - Garage 23 feet 23 feet 23 feet 23 feet 23 ect Setback(1} Preserve Ar a Setback Principal: 25 -t 25 feet 25 feet 25 feet 25 feet Accesfory: 10 fee• 10 feet 10 feet 10 feet 10 feet Dicta+ a NA NA One half the One h.. f the One half the Between cum of the cum of the cum of the Principal building ,_ ': .: g Structures heights. eights. heights. Distance 10 feet -- 10 feet 10 feet 10 feet between Accessory Structures: " m Zoned Height Principal: 35 feet and 2 -- • _ 3' feet and 3 38 feet and 3 35 feet and 2 ctorics ctories ..torics stories ctorics Accessory: 20 feet 20 feet -- 20 feet 20 feet M a i-Fnu m Actual Height Principal: /12 feet and 2 -- _ q5 feet and 3 /15 feet and 3 12 feet and 2 ctorics ctorie- stories stories stories Accessory: 27 feet 27 f•et 27 feet 27 feet 20 feet "gin 1200 sq. ft. 1.00 sq.ft. 1 bdr. 650 sq. { } 1200 sq. ft. Floor Area 2 bdr. 900 sq. f, 3 bdr 1050 cq.ft. 2 car :arage 1 car garage 1 carport 94 NA carport or space or 1 car garage per unit garage {1) May be reduce: on cul de sac lots. {2) Minimum to F•ntagaan parentharar app'ia,only in cases where a dwtll...g Ln t ;;, e 2 GGA.;ly tructure is on {3)Threes .ry buildings ;hall be,at back a minimum of three hui.dred feet free,tl.e G to C .al right Magnolia Pond PUDA,PL20240010833 Page 3 of 19 Revised:5/14/2025 -(11)A minimum of 23 feet s#afl th.e-beek-ef-s-klewelk4eu-r49-te414e-feee-ef-geFage (6) Ma m flo a For nl F shall he cal la+ d th '++ d n R F cn the multi family parking requ s. wall or 15 feet in width if only vegetation is installed. Magnolia Pond PUDA,PL20240010833 Page 4 of 19 Revised:5/14/2025 EXHIBIT B DEVELOPMENT STANDARDS STANDARDS SINGLE- TWO-FAMILY/ MULTIFAMILY ASSISTED LIVING CLUBHOUSE' FAMILY DUPLEX FACILITY MIN. LOT AREA 7,500 S.F. 3,000 S.F./UNIT 10,000 S.F. 10,000 S.F. 7,500 S.F. MIN. LOT WIDTH 50' 45' 100' 75' 50' MIN. FLOOR AREA 1,200 SF 1,100 S.F./UNIT 650 S.F./UNIT N/A N/A FLOOR AREA RATIO N/A N/A N/A 0.60 N/A MIN. I-75 SETBACK2 75' 75' 75' 75' 75' MIN.GOLDEN GATE CANAL SETBACK 300' 300' 300' 300' 300' PRINCIPAL STRUCTURES MIN. FRONT YARD 15' 15' 25' 25' 25' MIN.SIDE YARD 5' 0 OR 5'3 15' 15' 15' MIN. REAR YARD 20' 20' 20' 20' 20' MIN. PRESERVE SETBACK 25' 25' 25' 25' 25' MIN. DISTANCE N/A 0 OR 10' 30' 20' 20' BETWEEN STRUCTURES MAX. BUILDING 35' 35' 57' 50' 35' HEIGHT-ZONED MAX. BUILDING HEIGHT-ACTUAL 42 42' 65' 62' 42' ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS SPS 10' MIN. REAR YARD 10' 10' 10' 10' 10' MIN. PRESERVE SETBACK 10' 10' 10' 10' 10' MIN. DISTANCE BETWEEN STRUCTURES 10' 10' 10' 10' 10' MAX. BUILDING 35' 35' 35' 35' 35' HEIGHT-ZONED MAX. BUILDNG HEIGHT ACTUAL 35' 35' 35' 35' 35' SPS=Same as Principal Structure Footnotes: '. Clubhouses that are located within a multifamily residential building are subject to development standards for multifamily dwellings. 2. Buildings that are three-stories or taller must be setback a minimum of 100'from 1-75. 3. Side setback may be 0' or 5' provided 10'separation between adjacent principal structures is maintained if not structurally attached. NOTE:Setbacks that conflict with utility standards for the required separation between utility infrastructure and buildings or structures do not constitute an approved deviation Magnolia Pond PUDA,PL20240010833 Page 5 of 19 Revised:5/14/2025 EXHIBIT C MPUD MASTER PLAN Magnolia Pond PUDA,PL20240010833 Page 6 of 19 Revised:5/14/2025 ZONING:RSF-3 LAND USE:RESIDENTIAL __ -- -- - - - - --- - 15'TYPE"B" GOLDEN GATE CANAL 25'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE- (O.R.BOOK 1040 PAGE 1333) 1 BUFFER _ — — — t ZONING:GOLDEN 111110 • GATE COMMERCE PARK MPUD LAND USE:SCHOOL 15'TYPE"B" LANDSCAPE BUFFER • �, 50'MUTUAL �� RIGHT-OF-WAY IC EASEMENT(O.R. %. BOOK 351 PAGE 171) 15'TYPE"B" -��` LANDSCAPE--..- f I •` BUFFER ZONING:A I 30'DRAINAGE,ACCESS LAND USE:SCHOOL AND T EASEMENT MAINTENANCE 4575 PAGE 3010) RESIDENTIAL (RI) 1 ZONING:GOLDEN GATE I COMMERCE PARK MPUD I LAND USE:VACANT PRESERVE 1 12 3 110'TYPE"A" —F.—LANDSCAPE = BUFFER 50'MUTUAL RIGHT-OF-WAY -• 20'TYPE"D" --.1EASEMENT(O.R.BOOK 50'MUTUAL RIGHT-OF-WAY EASEMENT 1 LANDSCAPE BUFFER 1 359 PAGE 609&O.R. (O.R.BOOK 1040 PAGE 1333) I BOOK 426 PAGE 121) — I MAGNOLIA POND DR y MAGUID iACNllD D 4 _ _1 _ _ _ _ I (PUBLIC RIGHT-OF-WAY) I _ - - - �n 20'TYPE"D" - LANDSCAPE BUFFER POTENTIAL FUTURE v RIGHT OUT ONLY ` `MINIMUM 6'LANDSCAPE'L� .r ZONING:COLLIER +•ZONING:A .- a• BUFFER RESERVATION BLVD MIXED USE LAND USE:STORM (SEE NOTE#2) • ` COMM CNTR MPUD WATER POND a. ar a. RESIDENTIAL LAND USE:VACANT PRESERVE (R2) MINIMUM 6'LANDSCAPE °A SY x` Slo • • BUFFER RESERVATION — — — — — - I 1 2 13 151 (SEE NOTE#2) i. ` 30'DRAINAGE,ACCESS AND MAINTENANCE `� EASEMENT(O.R.BOOK 4575 PAGE 3006) ........ .. 50'MUTUAL LEGEND \ y RIGHT-OF-WAY Ir EASEMENT # ::::I:AL PAGE65 )___ (PUBLICRHTOFWAY) MLANDSCAPER# BUFFER RESERVATION - _ (SEENOTE#2) ` PRESERVE ZONING:PUD AND A LAND USE:VACANT I PUD INGRESS/ .. 1 EGRESS WATER Bar Scale: 1"=300' MANAGEMENT 0 75' 150' 300' 600' 900' 11 Ipmplk PROJECT: TITLE: CLIENT: SEC:34 TWP:49S RGE:26E 1 P E N I N S U LA f Designed by. NATHAN MULLINS Drawn by: NATHAN MULLINS rw ENGINEERING MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 n sxmxseaixe escus ARCHITECTURE Drawing Scale: 1"•300' "ALSERVI YNDD: EXHIBIT "C" HUMANITY File Name:P-THTH-001-001-000-X02.1.dwa �� �_ � POND PUDA 2600 Golden Gate Pkwy" 239.403.6700 Protect Number: P-THTH-001-001-000 FFFFeeee Naples,FL 34105 Pen-Eng.com C_XOL -I^_I Florida Engineering C.A#28275 Sheet ID: Florida Landscape C.A#LC26000632 Sheet Number: 01 of 02 LAND USE SUMMARY USE ACRES %OF SITE LAKES 6.78±AC 14% EASEMENTS 1.79±AC 4% PRESERVE 9.64±AC 20% LANDSCAPE BUFFERS 1.27±AC 3% MAGNOLIA POND ROAD EASEMENT 1.73±AC 4% DEVELOPABLE AREA 25.84±AC 55% TOTAL SITE AREA 47.05±AC 100% OPEN SPACE REQUIRED 60% PROVIDED 60% PRESERVE CALCULATION PRESERVE REQUIRED: 38.54-ACRES OF EXISTING NATIVE 25%OF EXISTING NATIVE VEGETATION VEGETATION ON-SITE X 0.25=9.64 ACRES PRESERVE PROVIDED 9.64 ACRES • DEVIATIONS (SEE EXHIBIT"C'). DEVIATION 1:RELIEF FROM LDC SECTION 4.06.02(C)2,BUFFER YARD REQUIREMENTS. DEVIATION 2:RELIEF FROM LDC SECTION 6.06.01(0),MINIMUM RIGHT-OF-WAY WIDTHS. DEVIATION 3:RELIEF FROM LDC SECTION 2.06.04 A.14.AND A.16. AFFORDABLE HOUSING CONDITIONS. DEVIATION 4:RELIEF FROM LDC SECTIONS 6.06.02.A.1.SIDEWALK REQUIREMENTS. DEVIATION 5:DEVIATION FROM LDC SECTION 4.05.04.G.,TABLE 17,PARKING SPACE REQUIREMENTS. NOTES. 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS.AREAS PROVIDED IN THE LAND USE SUMMARY ABOVE ARE ESTIMATED AN THE FINAL LAND USE CONFIGURATION WILL BE DETERMINED AT THE TIME OF FINAL DESIGN AND PERMITTING. 2. 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 LDC BUFFER REQUIREMENTS,A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN.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 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. PROJECT: TITLE: CLIENT: SEC:34 TWP:49S ROE:26E PENINSULA Designed by: NATHAN MULLINS Drawn by: NATHAN MULLINS ENGINEERING MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 • Drawing Scale: N.T.S. •cLANENGINEERING No"ND ZON ARCHITECTURE POND PUDA EXHIBIT NOTES HUMANITY File Name:P-THTH-001-001-000-X02-2.dwg 2800 Golden Gate PkwyNNo DEVELOPMENT 239.403.6700 Project Number: P-THTH-001-001-COO Naples,FL 34105 Pen-Eng.eom L —XO2_^ Florida Engineering C.A#28275 Sheet ID: Florida Landscape C.A#LC26000632 Sheet Number: 02 of 02 EXHIBIT D LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD OFFICIAL RECORD BOOK 3749, PAGES 0161 0165 MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 8: TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY I.D. H00296760002 ANs PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. ff00297240000 AN-8 PARCEL 21: A OF SECTION 31 T/l\A/AISHIP 49 SOUTL RANGE 1/1 OF THE SOUTHEAST 1/4 OF THE NAI�THwFS�1L� �, �,-n-rTT�yFcv €,^-,-S;, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NW 1/4 OF SECTION 34, TOWNSHIP 19 SOUTH, RANGE 26 EAST; RUN THENCE, SOUTH 00°20'07" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION OF 323.86 FEET TO A POINT: THENCE, NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 00°19'13" EAST, A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY; THENCE, OF SAID CURVE; THENCE, SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00°20'07" WEST ALONG THE EAST I INE OF THE NW 1 /n OF SECTION 34,A DISTANCE OF 346.19 FEET TO THE POINT OF BEG-INNING. CONTAINING 5.231 ACRES, MORE OR LESS. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. ff00297280002 ANI3 Magnolia Pond PUDA,PL20240010833 Page 9 of 19 Revised:5/14/2025 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4-OF SECTION 34,TOWNSHIELW SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR,AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. tt00297720009 AN PARCEL 39: TOWNSHIP 19 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED 0 CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN O. R. BOOK 994, PAGES 1760 1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS, PROPERTY LD. tt00297880001 AN PARCEL 11: 1018, PAGES 521 523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. ff00298000003 ALB PARCEL 111: COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 31, THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; FEET THROUGH AN ANGLE OF 01°13'41",AN ARC DISTANCE OF 219.10 FEET TO THE END OF SAID CURVE;THENCE N 88°28' 35" E A DISTANCE OF 336.37 FEET; THENCE S 00°19'13" E A DISTANCE OF 109.09 FEET; THENCE N 73°00'33" W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND EASEMENTS OF RECORD AND UTILITIES PURPOSES. Magnolia Pond PUDA,PL20240010833 Page 10 of 19 Revised:5/14/2025 , , STATE ROAD 93 (I 75);ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16°59'27" E A DISTANCE OF 152 nn FEET THENCE c 73°nn 33 r n DISTANCE OF 102.33 FEET TO THE BEG N IINGG OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73°00' 33" W A DISTANCE OF 102.33 FEET TO THE LINE. PROPERTY I.D. tt00297280002 ANC THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/1 LYING IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AS FOLLOWS: EASEMENT ON THE EAST LINE OF SAID PROPERTY. SUBJECT TO EASEME lTC RESTRICTIONS AND RESERV TIONS OF RECORD SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 17.05+ACRES OF LAND, MORE OR LESS. PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL I.D. #00296760002 PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL I.D. #00297240000 PARCEL 21: Magnolia Pond PUDA,PL20240010833 Page 11 of 19 Revised:5/14/2025 THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE SOUTH 0°20'07" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 74°09'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT; THENCE NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 0°19'13" EAST,A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY;THENCE FROM A TANGENT BEARING OF SOUTH 76°01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURE HAVING A RADIUS OF 11,297.16 FEET,THROUGH AN ANGLE OF 3°00'41"AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE;THENCE SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET;THENCE NORTH 0°20'07"WEST,ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 34,A DISTANCE OF 346.19 TO THE POINT OF BEGINNING. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT- CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00297280002 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR,AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009 PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNTING TO NO LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGEMENT RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297880004 PARCEL 41: Magnolia Pond PUDA,PL20240010833 Page 12 of 19 Revised:5/14/2025 THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1048, PAGE 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.#00298000003 PARCEL 114: THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 34; THENCE RUN N 16°59'37" E, A DISTANCE OF 162.00 FEET; THENCE N 73°00'33"W,A DISTANCE OF 893.75 FEET;THENCE N 16°59'27" E,A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET,THROUGH AN ANGLE OF 1°13'41",AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE;THENCE N 88°28'35" E, A DISTANCE OF 336.37 FEET; THENCE S 01°19'13" E, A DISTANCE OF 109.09 FEET; THENCE N 73°00'33"W,A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS,CONDITIONS AND EASEMENTS OF RECORD AND UTILITY REMAINING IN PLACE AND IN USE, IF ANY,THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES. RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT,AIR,AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (1-75);ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33" W A DISTANCE OF 893.75 FEET; THENCE N 16°59'27" E A DISTANCE OF 152.00 FEET;THENCE S 73°00'33" E A DISTANCE OF 102.33 FEET TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73°00'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37' 19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF 01°13'41" AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY I.D. #00296721009 PARCEL 9: THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY ID#00296800001 PARCEL 30: THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2704 MORE PARTICULARLY DESCRIBED AS FOLLOWS: Magnolia Pond PUDA,PL20240010833 Page 13 of 19 Revised:5/14/2025 THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST,SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT OF THE EAST LINE OF SAID PROPERTY. PROPERTY ID#00297600006 SUBJECT TO EASEMENT, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ, FEET, OR 47.05+/-ACRES OF LAND, MORE OR LESS. Magnolia Pond PUDA,PL20240010833 Page 14 of 19 Revised:5/14/2025 EXHIBIT E DEVIATIONS LANDSCAPING AND BUFFERING REQUIREMENTS: Al. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Buffer Yard Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the common property line between single or two family units and multi-family units are internal to the project and employ a similar architectural theme. The planting materials shall be the same as the Type 'B' buffer. 42. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way Widths, which requires a minimum of a 60 foot width,to permit within the proposed MPUD internal roadway right-of-ways of 50 feet in width. 3. Deviation#3 seeks relief from LDC Section 2.06.04 A.14. and A.16,Affordable Housing Conditions,which require that affordable housing units be the same square footage,construction and design as the market rate dwelling units in the development and that the affordable housing units be intermixed with,and not segregated from, the market rate dwelling units in the development to instead allow for an affordable housing product to be permitted and constructed separately from the market rate apartment buildings. The affordable housing units will be owner occupied and located on the north side of Magnolia Pond Drive (R1) and all of the market rate dwelling units will be rental apartments located on the south side of Magnolia Pond Drive (R2). 4. Deviation #4 seeks relief from LDC Sections 6.06.02.A.1, Sidewalk Requirements, which requires 5' sidewalks on both sides of local streets or internal accessways which are adjacent to the development to instead allow an alternative sidewalk plan as shown in Exhibit 1 in lieu of providing sidewalk on the south side of Magnolia Pond Drive along the development's entire frontage. The alternative sidewalk plan has an existing 8' sidewalk on the north side of Magnolia Pond Drive and a 6' sidewalk from the project entrance to the east along the PUD frontage. 5. Deviation #5 seeks relief from LDC Section 4.05.04.G., Table 17, Parking Space Requirements, which requires parking for small-scale recreation facilities that are accessory to single-family or multifamily projects and intended only for the residents to instead require no parking for small-scale recreation facilities that are accessory to the market rate rental apartment units located on the south side of Magnolia Pond Drive and identified as R2 on the Master Concept Plan. Magnolia Pond PUDA,PL20240010833 Page 15 of 19 Revised:5/14/2025 EXHIBIT F LIST OF DEVELOPER COMMITMENTS 1. GENERAL A. The property owner, his or her assigns and or subsequent homeowners associations will be responsible for the maintenance of common areas and infrastructure associated with future development. B. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Habitat for Humanity of Collier County, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Issuance of a development permit by the 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). D. All other applicable state or federal permits must be obtained before commencement of the development. 2. ENGINEERING A. for work within the S.R. 951 right of way. 14, The project shall utilize internal loop roads wheneverfeasible and shall eliminate dead-end roads where practical. 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 wastewater collection/transmission system may be required to adequately handle the total estimated peak Magnolia Pond PUDA,PL20240010833 Page 16 of 19 Revised:5/14/2025 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. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by 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. 3. WATER MANAGEMENT A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into Golden Gate Canal shall be submitted prior to Final Plat and/or SDP approval the commencement of construction. B. A 30'wide drainage, maintenance and access easement will be donated at no cost to the County along the entire length of the eastern property line. Said easement will be provided at the time the applicant receives an approved SOP or within 120 days of receiving a written request for the drainage easement from Collier County. Completed. C. Lake setbacks from the perimeter of the MPUD to edge of water may be reduced to twenty-five (25)feet where a six(6)foot high fence or suitable substantial barrier is erected. 4. TRAFFIC A. have been approved and accepted by Collier-Cou y, 4. A minimum throat length of 100 feet shall be maintained at any gated entrance. GB. The maximum total daily trip generation for the PUD shall not exceed 246 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.number of trips generated by any iffiapiasecl-€1-eveleRna-ent-sha4.1-19e-baseel-o-1,1414e4-2-5-s-i-ngle family units(LUC 210)defined in the TIS exceed those 131 pm peak hour trips. Magnolia Pond PUDA,PL20240010833 Page 17 of 19 Revised:5/14/2025 QC. The donation of the 30'drainage, maintenance and access easement along the eastern property line represents the project's full fair share portion of the one-time maintenance/clean out costs of the MGG-15 drainage swale. Completed. ED. The property owner shall within 30 days of the adoption of this PUD convey at no cost to the County a 20'easement along the southern side of the Golden Gate Canal for use as a pedestrian and bicycle access purposes.The easement will not be used by vehicles beyond those necessary to maintain the improvements constructed within the easement. Completed. 5. ENVIRONMENTAL A. The minimum native preservation requirement shall be 10.28 9.64-acres 01.10 38.54-acres existing indigenous vegetation x 25% = 10.28 9.64-acres to be preserved). B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required preserve acreage is retained): i) Passive recreational areas including recreational shelters. ii) Biking, hiking, and nature and horse trails, and boardwalks. iii) Native preserves and wildlife sanctuaries. iv) Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of the next Development Order. D. A Gopher Tortoise relocation management plan shall be submitted as part of the next Development Order. E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises shall be provided within thirty days of relocation. The report must contain the following information: • the number of burrows excavated, • the number of tortoises relocated, and • the final relocation site. F. 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 LDC buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided 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 PPL and included on the landscape plans for the SDP or PPL. Magnolia Pond PUDA,PL20240010833 Page 18 of 19 Revised:5/14/2025 6. ARCHITECTURAL A. All buildings, lighting, signage, and landscaping within the individual development tracts located on the north and south side of Magnolia Pond Drive and identified as R1 and R2 on the Master Concept Plan shall each be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of thebuildings, signs, and fences/walls to be erected on all each of the subject parcels. Landscaping space and streetscape materials along Magnolia Pond Drive frontages shall also be similar in design for all development tracts throughout the subject site. in tile, metal, or architecturally designed shingles (such as Timberline). 7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS A. Care units may be composed of one or more types of care/housing facilities.These care/housing types include, but are not limited to independent living, assisted living,and nursing homes,each of which can have varying operational characteristics.The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: (i) There shall be on-site dining facilities for the residents with food service being on-site or catered. (ii) Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits, (iii) There shall be an on-site manager/activities coordinator to assist residents, and shall be responsible for planning and coordinating stimulating activities for the residents. (iv) A wellness facility shall be provided on- site to provide for exercise and general fitness opportunities for the residents. (v) Each unit shall be equipped with a device to notify emergency service providers in the event of a medical or other emergency. (vi) For independent living units, each unit shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. 8. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement,the Developer has agreed to construct 165 affordable units for households whose initial certified incomes are in or below the low-and very-low category(below 80 percent of the Area Median Income)for Collier County. Magnolia Pond PUDA,PL20240010833 Page 19 of 19 Revised:5/14/2025 1:1 aa5 5�. r.1d �$ I F w c O + N IW Y Y U o o o <WJ °OO =. 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Vergara From: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov> Sent: Friday, July 25, 2025 3:00 PM To: PadronAilyn Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Flagged Approved. Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 Co�er County Nancy Gundlach AICP, PLA, CSM Planner III Zoning Office:239-252-2484 Collier Coun 2800 North Horseshoe Drive U I p I X c E Naples, Florida 34104 Nancv.Gundlacha,colliercountvfl.gov From: Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Friday,July 25, 2025 2:40 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Importance: High Good afternoon, Nancy&Chris, Attached is the update Ad Request for your review and approval. The only change is the correction to the map. Please let me know if you approve as soon as possible. Thank you! Ailyn Padron Management Analyst I Zoning 174 Office:239-252-5187 Collier oun 2800 Horseshoe Dr. Q U X Naples, Florida 34104 Ailyn.Padronc colliercountyfl.gov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday,July 16, 2025 1:21 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed no later than, 1:00pm.,Thursday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning (14 Office:239-252-5187 Collier our 2800 Horseshoe Dr. el pi X I Naples, Florida 34104 Ailyn.Padroncolliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Martha S. Vergara From: Chris Scott <cscott@pen-eng.com> Sent: Friday, July 25, 2025 2:44 PM To: PadronAilyn; GundlachNancy Cc: GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved with updated map exhibit. Christopher O. Scott, AICP Planning Manager PENINSULA ENGINEERING Direct: 239.403.6727 www.pen-eng.com From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Friday,July 25, 2025 2:40 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Importance: High Good afternoon, Nancy&Chris, Attached is the update Ad Request for your review and approval. The only change is the correction to the map. Please let me know if you approve as soon as possible. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. fl q i 0 Naples, Florida 34104 Ailyn.Padron ac colliercountyfl.gov i From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday,July 16, 2025 1:21 PM To: Nancy Gundlach<Nancy.Gundlach@colliercountyfl.gov>; Chris Scott<cscott@pen-eng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed no later than, 1:00pm.,Thursday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning f' Office:239-252-5187 Collier oun 2800 Horseshoe Dr. U (o I X Naples, Florida 34104 Ailyn.Padron a colliercountyfl.dov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 2 CCPC August 21, 2025 RZ-PL20240007340 & CU-PL20240009700 Paraiso Club kilyn.Padron@colliercountyfl.gov> Sent: rnaay, July io, 2025 12:49 PM To: Minutes and Records; Legal Notice Cc: GundlachNancy; Bob Mulhere; CrotteauKathynell; RodriguezWanda; GMDZoningDivisionAds Subject: FW: 8/21/25 CCPC-**UPDATED** *Web*Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Attachments: Ad Request.pdf; Paraiso Club Rezone Ordinance - 071425.pdf; Paraiso Resolution CU - 060325.pdf; RE: 8/21/25 CCPC-**UPDATED** *Web*Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700); RE: 8/21/25 CCPC-**UPDATED***Web*Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Good afternoon, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than August 15t and run through the hearing date. Staff and agent approvals are attached; CAO approval is below. Let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I Zoning 4111 Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 113 X CO I Naples, Florida 34104 Ailyn.Padron@colliercountyfl.gov From: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Sent: Friday,July 18, 2025 10:45 AM To:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Cc: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: 8/21/25 CCPC-**UPDATED** *Web* Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Allyn: The ad is approved for CAO. Xatliy Crotteai Legali4ssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Friday,July 18, 2025 9:50 AM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 8/21/25 CCPC-**UPDATED** *Web* Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Good morning, Kathy, For your review and approval. Thank you. Ailyn Padron Management Analyst I t • Zoning 1 Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. � U X 0 Naples, Florida 34104 Ailyn.Padronc colliercountvfl.gov From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Friday,July 18, 2025 7:00 AM To: Kathynell Crotteau <Kathynell.Crotteau@colliercountyfl.gov> Cc: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Bob Mulhere<bobmulhere@hmeng.com>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC-**UPDATED** *Web* Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Good morning, Kathy, Attached is the *Web* Ad Request, Ordinance, Resolution, and approvals for the referenced petitions.The ad will need to be advertised no later than August 1st and run through the hearing date. Please let me know if you have any questions. Thank you. 2 Ailyn Padron Management Analyst I Zoning (#ate Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 O X Naples, Florida 34104 Ailyn.Padroncolliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on August 21, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.c.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35±ACRES. [PL20240009700] Conners AVE 106th AVE N Seabee 105th AVE N AVE Project Germain 104th AVE N Sabre AVE AVE 103rd AVE N Location ann 1 Seagull OR AVE ,tz 102nd AVE Fr :ayv1ew i o AVE e AVE 101st AVE 2 Trade Wrirdr 100th AVE w___ Lagoon 99th AVE N U) o oat AVE > 98th AVE I A —wayside O AVE 97th AVE N 73 Pine AVE 96thAVE N e 95th AVE N Oak AVE 1 All interested parties are invited to appear and be heard.Copies of the proposed Ordinance/Resolution will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to August 21,2025. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Joseph K. Schmitt, Chairman ORDINANCE NO. 2025 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/-ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP, of Bowman and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Paraiso Club, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Section 29, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Residential Single Family 3 (RSF3) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) to a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) for a [25-CPS-02601/1957544/1]58 Paraiso Club/RZ-PL20240007340 1 of 2 7/14/25 1.3+/- acre project known as Paraiso Club, subject to the Conceptual Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit C. Exhibits A, B and C are attached hereto and incorporated herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi Ashton-Cicko 7-14-25 Managing Assistant County Attorney Attachments: Exhibit A—Legal Description Exhibit B —Conceptual Site Plan Exhibit C—Conditions of Approval Exhibit D—Location Map [25-CPS-02601/1957544/1]58 Paraiso Club/RZ-PL20240007340 2 of 2 7/14/25 Exhibit A Property Description as Furnished: Lot 31. Block A. RC-SUBDIVISION or PART OF CONNER'S VANDERBILT BEACH ESTATES. UNIT NO I.according to the plat thereof as recorded in Plat Book 3. Page 1e of the Public Records of Collier County. Florida. AND Lot 32. Block A.RE-SUBDIVISION OF PART OF CONNER'S VANDERBIL T BEACH ESTATES. UNIT NO. 1.according to the plat thereof as recorded in Plat Book 3.Page 18_of the Public Records of Collier County, Florida. RESOLUTION NO. 2025 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.c.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35± ACRES. [PL20240009700] WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a private club in a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) pursuant to Subsection 2.03.02.E.1.c.5 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: [25-CPS-02602/1949710/1]34 Paraiso Club/CU-PL20240009700 6/3/25 1 Petition Number PL20240009700 filed by Robert J. Mulhere, FAICP and Ellen Summers, AICP, of Bowman and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Paraiso Club, LLC, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a private club in a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) pursuant to Subsection 2.03.02.E.1.c.5 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C". Exhibits "A", `B", and "C" are attached hereto and incorporated herein by reference. The effective date of the Resolution will be the effective date of Ordinance No. for the companion rezone PL20240007340. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this day of , 2025. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi Ashton-Cicko 7-14-25 Managing Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval [25-CPS-02602/1949710/1134 Paraiso Club/CU-PL20240009700 6/3/25 2 Exhibit A Property Description as Furnished.• Lot 31, Block A. RC-SUBDIVISION or PART OF CONNER'S VANDERBILT BEACH ESTATES. UNIT NO 1.according to The plat thereof as recorded in Plat Book 3. Page 18. of the Public Records of Collier County. Florida. AND Lot 32. Block A.RE-SUBDIVISION OF PART OF CONNER'S VANDERBILT BEACH ESTATES. UNIT NO. 1.according to the plat thereof as recorded rrt Plat Book 3. Page 18.of the Public Records of Collier County. Florida. ueii1i°3ñ'd0W O1 ___ ObEL00017ZOrld 1' uva ueswna ® u g (= 3S1 1dNOIJNO0 !9 11-g qa M Q COASTAL CONSTRUCTION 2 CONTROL LINE W co APPROVED FEBRUARY, 1989 C i v� LOCATION PER GIS DATA Q Z. 2 W PRO VIDED BY FLORIDA DEPARTMENT OF W W � � OW j ENVIRONMENTAL PROTECTION J -- W W O Q co Er a ______________\ W 2 dam cc Y 2 � � Z zo ~ Q cc — _ �— �a0 crQ Z : a. HF IC°I--- __._\:_,......- (•%-„,„,,,J., ,,,,'-,,,,• goav'I Aal �/�n IVE ' �� YZ _ ti - Ly t. DR — w mQ. 2Wr0 o , W2 ••f- ' li Illi W w Q0QQ o,----&- - -, -, ' b_ ss:,. . ...... „,... ..�.�� O Wup CD Q J O p W 1 . ,,, , , sr, L' ,SL) c, 2 - . -.., y .. Illi Cr ,� w .0 N CO COVl �7 1- \ �1 \joOLIij ii ao • 1 E � 1. 1: Imo r N � � 1. zoo WLL : VII1 ; oL 111 co 1 F o w ° rY J1 . pJ _L-- co W I 1 11 MEAN HIGH'NATER o M —1 ce Allk z coa U GULF OF MEX\C° Q IY Z W a re QQ Ce w NIX w 911 �� SCALE l• E, Zp w a - a OM Cr)Cr) i- E Z 1.1.m n�RWw1lAY1lM R��M�Y rmwRY4N W17Y •R��1M INMiYYRi.RW�RRA..mROYRYOMIY1R�Yer�O.RY11OI]�RO�N LR/IA yICM ITI00-10-1WNSIYmMININAD OE/MKYYi 1IYW.)MOM mom IR'N-VY01[W:9O11 NAY 1"iAY1'N0AM-1MFlA0 w..A NO Exhibit C—Conditions of Approval Paraiso Club Conditional Use PL20240009700 1. No building or structure shall exceed a zoned building height of thirty-eight (38) feet, and an actual height of fifty-seven (57) feet 2. The facility shall be open only between the hours of 8:00 a.m. and remain open until 11:00 p.m, except that the use of pools and access to the beach will cease one hour after sunset. All users must depart the facility within 30 minutes after the allotted closing time. The Owner shall be responsible for strictly enforcing the hours. 3. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in conformance with these stipulations are, in fact, done. 4. Trash and garbage receptables will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 5. The roof of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. 6. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 7. Lighting, windows, and doors shall comply with LDC Section 3.04.02 B. regarding sea turtle protection, specifically visible light and window transmittance values of 45%or less. 8. Parking areas will be utilized only by authorized users of the facility and will have means to prevent ingress and egress to the parking area during non-operating hours. 9. Members shall be prohibited from driving to and from the beach club, except those with disabilities or special needs. The Owner shall require all members to adhere to this restriction as part of their membership agreement. 10. Members shall be transported to the club via Paraiso's luxury shuttles. 11. The Owner will attempt to arrange for food and other vendor deliveries to be scheduled during times when traffic volume is at its lowest, such as in the early morning. 12. The Owner shall promote bicycling and walking to the club for members and staff by providing bicycle racks within the building footprint and pedestrian connectivity to the existing sidewalk along Gulf Shore Drive. 13. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club, defined as beach area enclosed by the north and south property lines of the club, extended to the edge of the water. 14. The maximum total daily trip generation for the Conditional Use shall not exceed 19 two- way PM peak hour net rips 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. 15. A beach dune vegetation restoration plan for the subject site shall be provided at time of SDP or subdivision plat. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE&CONDITIONAL USE\Conditional Use\2nd Submittal\Exhibit A-Conditions of Approval(5-2-2025).docx 1 of 2 16. All other applicable state or federal permits must be obtained before commencement of the development. 17. Pursuant to Section 125 022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE&CONDITIONAL USE\Conditional Use\2nd Submittal\Exhibit A-Conditions of Approval(5-2-2025).docx 2 of 2 Martha S. Vergara From: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov> Sent: Thursday, July 17, 2025 1:12 PM To: PadronAilyn Subject: RE: 8/21/25 CCPC-**UPDATED***Web*Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Follow Up Flag: Follow up Flag Status: Flagged Approved. Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 Cott; County Nancy Gundlach AICP, PLA, CSM Planner III Zoning () Office:239-252-2484 Collier Coun 2800 North Horseshoe Drive 0 I Q] X c Naples, Florida 34104 Nancy.Gundlach(a,colliercountyfl.gov From: Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 12:49 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Bob Mulhere<bobmulhere@hmeng.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 8/21/25 CCPC-**UPDATED** *Web* Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Good afternoon, Attached is the updated *Web* Ad Request, Ordinance and Resolution for your petitions. Please let me know if you approve and/or if changes are needed. Please note: The Ordinance/ Resolution will be provided at a later time. Thank you. Ailyn Padron Management Analyst I Zoning 11 Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 1101 X ® I Naples, Florida 34104 Ailyn.Padron(c�colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Martha S. Vergara From: Bob Mulhere <bobmulhere@hmeng.com> Sent: Thursday,July 17, 2025 1:44 PM To: PadronAilyn; GundlachNancy Cc: GMDZoningDivisionAds Subject: RE: 8/21/25 CCPC-**UPDATED***Web*Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved BOB MULHERE, FAICP Branch Manager I BOWMAN M: (239)825-9373 rmulhere@bowman.com I bowman.com From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Thursday,July 17, 2025 12:49 PM To: Nancy Gundlach <Nancy.Gundlach@colliercountyfl.gov>; Robert Mulhere <bobmulhere@hmeng.com> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: [EXTERNAL] 8/21/25 CCPC-**UPDATED** *Web* Ad Request for Paraiso Club (RZ) & (CU) (PL20240007340) & (PL20240009700) Good afternoon, Attached is the updated *Web* Ad Request, Ordinance and Resolution for your petitions. Please let me know if you approve and/or if changes are needed. Please note: The Ordinance/ Resolution will be provided at a later time. Thank you. Allyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. 0 I O I X, D C Naples, Florida 34104 Ailyn.Padron(a,colliercountyfl.gay 1 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2