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.
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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.
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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.
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EXHIBIT C
DAVIS BROOKSIDE MPUD
MASTER PLAN
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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