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Ordinance 2025-39 ORDINANCE NO. 2025-3 9 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-02572/1966447/1]127 Brookside/PUDZ-PL20240010963 8/22/25 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 a 3 r d day of St.pk m 6 e ( , 2025. ATTEST: '' " oy M1 BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: � •�+•� Attest as oirma1 S ti,Peputy Clerk Burt L. Saunders, Chairman signa,ire.oniy Approved as to form and legality: 0/4 H idi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A- List of Permitted Uses Exhibit B - List of Development Standards Exhibit Cl - Master Plan This ordinance filed with the Se etary of Stet `s ffice the Exhibit C2 - Building Height Exhibit day of Exhibit D - Legal Description and acknowiedocrnent f that Exhibit E - List of Deviations fii -. received this . clay Walk"Exhibit F - List of Developer Commitments °f V [24-CPS-02572/1966447/1]127 c."*y caerr Brookside/PUDZ-PL20240010963 8/22/25 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\INetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(8-21-2025)_.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\1NetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(8-21-2025)_.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 SPS 10'/0'for SPS LINE Marina Marina WEST PROPERTY 10'/0'for SPS 10'/0'for SPS LINE Marina 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_h\AppData\Local\Microsoft\Windows\TNetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(8-21-2025)_.docx EXHIBIT C DAVIS BROOKSIDE MPUD MASTER PLAN 1.t't . F-,Tw, . C7 u. tl t� 0 i] 0 V tt! C�CS.0 4 dC:�:L5 m c w ^ . � W '• x 1 d %1�- .0 v1 Y 8 y Y e , w La w p (L<- ` } tTTU .q./ y - lu r uJ U ; 6 F C7 x1f=W a.rxwnva a m, a 44 twi`g w -i of[�fr" w/S t_g Y + Li'mp,u4Ki s O' u w �' :+ +dR{ ,..... y •;4W FJ r LL u'!-N2W2Q. t"• p' ? Xrli a CC4 "1 4'^., 00 3 p.'r yyt-.�C 8py is ., C 7 y a d sG w tit Z Otig wQ 2 ~J fiit"Oa>.,i9 Cu. .i +e tr .ux HMse L g6i8 F. O arp} €< OJ q0.XZ f-�.W U h id: 2 < wGt Gt qA �i ER w m wQ rvr x 4 , } 00 u.'- a „tour-> u.Cw4'2 Z Marc zh aka Q o -bv26.a- 1 a i 't §z. L3 gc v7,i o-'°. mcr2a.0. a w yQ 81 W cz zz a -1r2K2ZP a zri law w 2 aC' F' 11 es ww 2s-,Q�o mW. g 0- x � ' 2' ° v0s tea oo z Rt>wy.tqu.twjwn QH a �-m :a ar Wn 1o(xw asm i zpQ�z Q j gaS 7MgiRy 13 Y.,3 w"..2. 6 - �' JQ v G zte i a ci 2 ' ?.. us -.C. 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NI 21l Met l tO CAW ez.v•ZEZ I.3.1.1421417/7Ofte4V7t4441114 102044,PNIV.Olt al,O77040 LY .;2^S7GC16.1`0C6J.S(tI.YS113CP14'� Page 4 of 13 C:\Usets\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Oudook\Y925N6VDDavis Brookside MPUD(PL-20240010963)(8-21-2025)_,docx n 0 Zz w a W>r Z� M w w m a w0 2 I.0 i m5 0 p m wwIr x t Q ,4r,,,A1 ix S 6 A. WD$- wu1 Sri! J-I" Y 0` spy 5 i fI-". to 0 ua ..a IL4C3. mZ WL NW p nrcrerc 6OTWh W= —' R x 2m pm x VI SS n ZQ �r,.2 vt u-0 3."t. LL 1S .ef A �j 0 1- 3 't3 �- t7UWW. r' sty Nub v' ,OO mu6f 2XW Z C; W.}12 Wed `v't- taYHa 49Z F- alt. y -4 4 g O V/ ' z OZ I---3 Z JV ritr 0 �w w 1,-,—a <m alt m d cZw oae Ft w 2cA 22 tY?w O Q ins ti W G tcl b uWWQ0'+t� 5,_ ->0 D a R)02 7g22 �=w cewwi 0 4 c WOu!?W Rn~ <4t-.w~ I-w5 Um u, p tnarw° 0w o zpc d z w¢ C7 F w— y Q t q 7)Z 2 '49 < .nt•-.a. O-'0 in 0.Y20.-4T vm 1ir,za W mj C~rt wb �e tft 55 3 ate c 1-0 ill 2K ,.•Ww 4C (33H_.,2n tri1`y "t• m0gLL,W orez oz . a2w�y v9Z m. 2o.u. o. ZY 2lu Q g C)-n 0 Q 5 9. O Z. iOU .ZN 2V)Z y tI) .,, a-.. 4 ....id,„ �} �� I"2 O0a ZO z} 0LO 2w O >- 4d 4-I L A _ 4 Z F W< a"� cwU 0m Ci 6 Via Uhl SPAM1.8)I Nwt.1:1 1-T.EELItt1it4}Nr.'T..(1*-12fM.Y-1YnRY1 l trn11 h44N)4Wril AFSItit):fit-ral(6)1PA fr)(triltnaa l gfI.NSHl.n"fl Page 5 of 13 C:\Users\ashton_h)AppData\Local\Microsoft\Windows\TNetCache\Content.Outlook\Y925N6V DDavis Brookside MPUD(PL-202400I0963)(8-21-2025)_.docx EL ill W T fii V . I �{ O EgN[I>N qN ce 0 1.0 LUW I 5 t16 t7 Ct o g it 2 i ".' z r W it Et 5O ^9tn VJ• t—y2.X : Q yy (a3Mo11'd.0-.09) A00a01t1001_3113V1113VM 181:11d tuo4J.0-439 W EA Id- 0 <a IJu w W w q `}ILL 79Ct x J J �+{ Z } yi CS J Y tC[- e I Ip1 n.l .. II —LLI II 4 {3/IO9V S3114001VE) 11 — ` fo 3NOZ 3dVOSONV'1 i j 11, 71t`7.1-A ; ...Az AVM)1-MMVNI8VW -`--it-- Ca.n rl `4~ 2l31VM�03J�3 ___ m �__y.p__i t i I i L1 LiJ SSINO31VO dO-Wain ..t', t • ;,0 Zt--0—.O-,ZL--16--.O-.ZL- .Cr.ZL • .(1-.ZI.—• 11Am 1 W24 3DV4YD I 1 € 1 11 !)r l '* • * '0 • 't * I .. 9 aq iti mg ma zPJPJ �;- Q 041 al VI ,r'e mN N' q.-.,ti i h- I q CD ± I ¢ $ $ Et LL! $>e o z m U4 Oi e{M th R 4 .e {4A7.;21.! ,+filedN A1"env-T.T"Lnu uruler.1'..?IvilynCMMi1[,R79 el I"Ar' +.4.+NXb'Y4at'1tNt10341 tAttrADIVANVInn>t4'A::s[6n.bl4Ngfin!::5 Page 6 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(8-21-2025)_.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 7 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-20240010963)(8-21-2025)_.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\ashton_h\AppData\Local\Microsoft\Windows\rNetCache\Content.0utlook\Y925N6VDDavis Brookside MPUD(PL-20240010963)(8-21-2025)_.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.0utlook\Y925N6V DDavis Brookside MPUD(PL-20240010963)(8-21-2025)_.docs 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\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\Y925N6V DDavis Brookside MPUD(PL-202400I0963)(8-21-2025)_.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_h\tlppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Y925N6V\Davis Brookside MPUD(PL-202400I0963)(8-2I-2025)_.doex 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, as shown on the Master Plan, 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, as shown on the Master Plan, 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, as shown on the Master Plan. Page 12 of 13 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\Y925N6VT\Davis Brookside MPUD(PL-202400 I 0963)(8-21-2025)_.doex 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, as shown on the Master Plan. 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\Y925N6VT Davis Brookside MPUD(PL-20240010963)(8-21-2025)_.docx 'He 4 4, :„.., ,, „La-4 r - . 4/14tP,' , . FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State September 25, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-39, which was filed in this office on September 25, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270