Agenda 10/14/2025 Item #17B (Ordinance - Amending the Magnolia Pond PUD)10/14/2025
Item # 17.B
ID# 2025-2917
Executive Summary
This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 10-
06, as amended, the Magnolia Pond Planned Unit Development (PUD), to increase the number of dwelling units from
231 to 550 with an Affordable Housing Agreement, to increase the maximum building heights, to add deviations, and to
revise the Master Plan; and by providing an effective date. The subject property is located within the Collier Boulevard
Interchange Innovation Zoning Overlay (CBIIZO) and partially within the Wellfield Risk Management Special
Treatment Overlay Zones W-3 and W-4. The subject property, consisting of 47.05± acres, is located on the north side of
Interstate I-75, ½ mile west of Collier Boulevard (CR 951), and is bisected by Magnolia Pond Drive, in Section 34,
Township 49 South, Range 26 East, Collier County, Florida. [PL20240010833]
OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced
petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes
and regulations to ensure that the community's interests are maintained.
CONSIDERATIONS: The Magnolia Pond PUD currently allows for 231 residential dwelling units (4.9 dwelling units
per acre (4.9 DUAs) and assisted living facilities (ALF). (See Attachment B-Ordinance 10-06.) The petitioner proposes
550 dwelling units (11.7 DUAs) by utilizing the Growth Management Plan’s Density Rating System, including the
Affordable Housing Density Bonus.
The PUD’s affordable housing component will allow 30 percent of the 550 residential dwelling units, or 165 units, to be
reserved for individuals earning at or below 80 percent of the Area Median Income (AMI). The affordable housing units
will be located on the 19.6-acre property on the north side of Magnolia Pond Drive. Market-rate units will be located on
the remaining 27.5-acre property located on the south side of Magnolia Pond Drive. The PUD will continue to allow for
an ALF.
The Development Standards Table I, Exhibit B, has been modified to increase the multi-family building height from 38
feet, the zoned height, and 45 feet, the actual height, to 57 feet, the zoned height, and 65 feet, the actual height.
The Master Plan, located on the previous page of this Staff Report, depicts the area of the proposed residential tracts,
lake tracts, and preserve area. The petitioner has provided the required minimum of 60% open space. A 9.64± acre
portion of the open space will be designated preserve.
For further information, see Attachment A-Proposed PUD Ordinance.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition
PUDA-PL20240010833, Magnolia Pond PUD, on August 21, 2025, and voted 6-0 to forward this petition and
affordable housing agreement to the Board with a recommendation of approval subject to the adoption of the associated
affordable housing agreement.
This item is consistent with the Collier County strategic plan objective to implement prudent development through
effective planning for transportation, land use, and growth management.
FISCAL IMPACT: The Rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee
that the project, at build-out, will maximize its authorized level of development. However, if the Rezone is approved, a
portion of the land could be developed, and the new development will result in an impact on Collier County public
facilities.
The County collects impact fees before the issuance of a Certificate of Occupancy to help offset the impacts of each new
development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement
Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities.
Other fees collected before the issuance of a building permit include building permit review fees. Please note that impact
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fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed Rezone, and the
subject petition is consistent with the Future Land Use Element (FLUE) of the GMP.
LEGAL CONSIDERATIONS: This is an amendment to an existing PUD. The burden falls upon the applicant to prove
that the proposed rezoning is consistent with all the criteria set forth below. The burden then shifts to the Board of
County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary,
discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of
the listed criteria below.
Criteria for CPUD Rezones and PUD Amendments:
Ask yourself the following questions. The answers assist you in determining approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.
2. Is there adequacy of evidence of unified control and suitability of agreements, contracts, or other instruments or
for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the
continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public
expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed CPUD with the goals, objectives, and policies of the Growth
Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions
on the location of improvements, restrictions on design, and buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and surrounding areas to accommodate expansion.
8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the
particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at
least equivalent to the literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, policies, and future land use map, and the
elements of the Growth Management Plan?
10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and
nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed
incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air in adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance
with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing
zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the County?
23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts
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already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which would be required
to make the property usable for any of the range of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate
public facilities and services consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106,
art.II], as amended.
26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County
Commissioners shall deem important in the protection of public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied
to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons,
and the oral testimony presented at the BCC hearing, as these items relate to these criteria. Should this item be denied,
Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable
portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and
legality and requires an affirmative vote of four for Board approval. (HFAC)
RECOMMENDATIONS: To approve the proposed ordinance amending the Magnolia Pond PUD, Petition PUDA-
PL20240010833, and the associated Affordable Housing Agreement.
PREPARED BY: Nancy Gundlach, AICP, PLA, CSM, Planner III, GMCDD, Zoning Division
ATTACHMENTS:
1. Staff Report - Magnolia Pond PUDA 8-1-25 (1)
2. Attachment A-Proposed Magnolia Pond PUDA Ordinance 060425
3. Attachment B-Ordinance 10-06
4. Attachment C-Magnolia Pond Consistency Review Memorandum (1)
5. Attachment D-Magnolia Pond Affordable Housing Density Bonus Agreement
6. Attachment E-NIM Documents (2)
7. Attachment F-Application 7-11-25 (1)
8. Sign Posting Affidavit and Photos Magnolia Pond PL20240010833
9. Magnolia Pond PL20240010833- 10.14.25 BCC published ad
10. legal ad - agenda ID 25-2917 - Magnolia Pond PUDA (20240010833) - 10.14.25 BCC
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PUDA-PL20240010833, MAGNOLIA POND PUD August 1, 2025
Page 1 of 18
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT
HEARING DATE: AUGUST 21, 2025
SUBJECT: PUDA-PL20240010833, MAGNOLIA POND PLANNED UNIT
DEVELOPMENT (PUD)
______________________________________________________________________________
PROPERTY OWNER/APPLICANT AND AGENTS:
Owners/Applicant:
Habitat for Humanity of Collier County, Inc.
1145 Tamiami Trail East
Naples, FL 34113
Agents:
Christoper O. Scott, AICP Richard D. Yovanovich, Esquire
Peninsula Engineering Coleman, Yovanovich & Koester, P.A.
2600 Golden Gate Parkway 4001 Tamiami Trail North, Suite 300
Bonita Springs, FL 34105 Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance
of the Board of County Commissioners of Collier County (BCC), amending Ordinance Number 10-06,
as amended, the Magnolia Pond Planned Unit Development (PUD), to increase the number of dwelling
units from 231 to 550 with an Affordable Housing Agreement, to increase the maximum building
heights, to add deviations, and to 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.
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PUDA-PL20240010833, MAGNOLIA POND PUD August 1, 2025 Page 3 of 18 MASTER PLANPage 6238 of 6526
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GEOGRAPHIC LOCATION:
The subject property, consisting of 47.05± acres, is located on the north side of Interstate I-75, ½ mile
west of Collier Boulevard (CR 951), and is bisected by Magnolia Pond Drive, in Section 34, Township
49 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.)
PURPOSE/DESCRIPTION OF PROJECT:
The Magnolia Pond PUD currently allows for 231 residential dwelling units (4.9 dwelling units per
acre (4.9 DUAs) and Assisted Living Facilities (ALF). (See Attachment B-Ordinance 10-06.) The
petitioner proposes 550 dwelling units (11.7 DUAs) by utilizing the Growth Management Plan’s
Density Rating System, including the Affordable Housing Density Bonus.
The PUD’s affordable housing component will allow 30% of the 550 residential dwelling units, or 165
units, to be reserved for individuals earning at or below 80% of the Area Median Income (AMI). The
affordable housing units will be located on the 19.6-acre property on the north side of Magnolia Pond
Drive. Market Rate units will be located on the remaining 27.5 acres of property located on the south
side of Magnolia Pond Drive. The PUD will continue to allow for an ALF.
The Development Standards Table I Exhibit B has been modified to increase the multi-family building
height from 38 feet zoned height and 45 feet actual height to 57 feet zoned height and 65 feet actual
height.
The Master Plan, located on the previous page of this Staff Report, depicts the area of the proposed
residential tracts, lake tracts, and preserve area. The petitioner has provided the required minimum of
60% open space. A 9.64± acre portion of the open space will be designated preserve.
For further information, see Attachment A-Proposed PUD Ordinance.
SURROUNDING LAND USE AND ZONING:
North: A 165-foot-wide canal, then single-family residences with a zoning designation
of Residential Single-Family 3 (RSF-3)
East: A Public Elementary School and approximately 400 to 750-foot-wide preserves,
and then multi-family residential units with zoning designations of Golden Gate
Commerce Park MPUD (7 DUAs) and Collier Boulevard Mixed-Use
Commercial Center MPUD (16 DUAs)
South: I-75, a 6-lane divided 330-foot-wide Interstate roadway
West: A Public High School, and then a water management pond with a zoning
designation of Agriculture (A)
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Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent
with the Future Land Use Element (FLUE) of the GMP. For further information, please see Attachment
C-GMP Consistency Review Memorandum.
Transportation Element: In evaluating this project, staff reviewed the applicant’s March 14, 2025,
Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan (GMP) using the 2024 Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states;
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
affecting the overall countywide density or intensity of permissible development, with
consideration of their impact on the overall County transportation system, and shall not
approve any petition or application that would directly access a deficient roadway segment as
identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as
identified in the current AUIR, or which significantly impacts a roadway segment or adjacent
roadway segment that is currently operating and/or is projected to operate below an adopted
SUBJECT
PROPERTY
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Level of Service Standard within the five year AUIR planning period, unless specific mitigating
stipulations are also approved. A petition or application has significant impact if the traffic
impact statement reveals that any of the following occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b.For links adjacent to links directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume; and
c.For all other links, the project traffic is considered to be significant up to the point
where it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s
significant impacts on all roadways.”
Staff Findings: According to the Traffic Impact Study (TIS) provided with this petition, the proposed
Magnolia Pond PUDA development will generate a projected total of +/- 246 PM peak hour trips on
the adjacent roadway, Collier Boulevard/SR-951, which represents an additional +/-115 PM peak hour
trips, beyond the currently approved +/-131 PM peak hour trips for this PUD. The trips generated will
occur on the following adjacent roadway network links:
Roadway/Link Link Current Peak Hour
Peak Direction
Volume/Peak
Direction
Projected P.M.
Peak Hour/Peak
Direction Project
Traffic (1)
2024
Level of
Service
(LOS)
2024
Remaining
Capacity
Collier
Boulevard SR-
951/32.1
Green Blvd to
Golden Gate
Pkwy.
2,300/NB 7/NB C 689
Collier
Boulevard SR-
951/32.2
Golden Gate
Pkwy. to Golden
Gate Canal
2,300/NB 13/NB D 322
Collier
Boulevard SR-
951/ 32.3
Golden Gate
Canal to I-75
3,600/NB 50/NB C 1,470
Collier
Boulevard SR-
951/33.0
I-75 to Davis Blvd 3,600/NB 36/NB E(2) 159
Collier
Boulevard SR-
951/34.0
Davis Blvd to
Rattlesnake
Hammock Rd
3,000/NB 14/NB F(3) (249)
Davis
Boulevard/16.2
Collier Blvd to
Radio Rd
3,300/W/B 13/WB B 1,845
1.Source for P.M. Peak Hour/Peak Direction Project Traffic is March 14, 2025; Traffic Impact Statement provided by the petitioner.
2.Road link is FDOT jurisdiction. Expected deficiency in 2027 is by Trip Bank not caused by this development. The current I-75
interchange improvements are anticipated to address the LOS.
3.Existing deficiency is by Trip Bank not caused by this development. The current I-75 interchange improvements are anticipated to
address the LOS.
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Based on the TIS provided by the applicant and the 2024 AUIR, the subject PUD can be found
consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan.
Transportation Planning staff finds this petition consistent with the GMP.
Conservation and Coastal Management Element (CCME): Environmental review staff have found this
project to be consistent with the CCME. The project site consists of 38.54± acres of native vegetation.
A minimum of 9.64± acres (25%) preserve is required; and shall be placed under preservation and
dedicated to Collier County.
GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the FLUE of the
GMP.
STAFF ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon which
a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection
10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”),
and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as
“Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The
CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County
Commissioners (BCC), who, in turn, use the criteria to support their action on the rezoning request. An
evaluation relative to these subsections is discussed below under the heading “Zoning and Land
Development Review Analysis.” In addition, staff offers the following analysis:
Environmental Review: Environmental Planning staff have reviewed the PUD petition to address
environmental concerns. The PUD preserve requirement is 9.64 acres (25% of 38.54 acres), which
meets the minimum 25 percent native preservation requirement in accordance with LDC 3.05.07.
The proposed PUD changes will not affect any of the preservation requirements of the PUD document,
Ordinance 2010-06. The only change is the reconfiguration of the preservation location. The preserve
will wrap around the perimeter of the east, south, and west boundaries of the proposed development to
accommodate a stormwater pond and residential structures located in the southern tract of the
development. The native vegetation will be placed under preservation and dedicated to Collier County.
The environmental data indicates the proposed project is in an area that has the potential to contain a
variety of protected animal species. The listed species survey revealed that two gopher tortoise
(Gopherus polyphemus) burrows were observed onsite. The burrows are in the central portion of the
subject property (Page 26 of 67 of the Environmental Data). A gopher tortoise relocation permit will
need to be obtained from the Florida Fish & Wildlife Conservation Commission (FWC) prior to
approval of the first SDP and/or PPL. The Florida Fish and Wildlife Conservation Commission (FWC)
wildlife data indicates the presence of Black bear (Ursus americanus floridanus) in the area. A black
bear management plan must be included at PPL or SDP review.
The proposed project is located within the US Fish and Wildlife Service (FWS) consultation area for
Bonneted Bat (Eumops floridanus). The property contains 13 observed cavity trees (Page 26 of 67 of
the Environmental Data). A Bonneted Bat visual survey was conducted on the subject property;
however, no evidence was found indicating the trees were being utilized for nesting.
This project does not require an Environmental Advisory Council (EAC) review, as it does not meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the
proposed petition.
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Transportation Review: The Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval.
Utility Review: The project lies within the regional potable water service area and the Golden Gate
wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and wastewater
services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and
wastewater treatment capacities are available.
Developer commitments are listed in “Exhibit F” of the PUD document under the “Engineering”
section.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient
capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to
the CCWSD at no cost to the County at the time of utilities acceptance.
Affordable Housing Review: Housing Policy & Economic Development Division staff have provided
the following comments:
The Magnolia Pond PUD is proposed to be developed as a residential community to include up to 550
units on +/-47.05 acres. The development proposes to include 30% of the residential units (165 units)
as For-Sale affordable housing restricted to households below 80% of Area Median Income (AMI).
Per LDC Section 2.06.00, the inclusion of 30% affordable housing at 80% of median income allows
the development to qualify for an affordable housing density bonus of an additional seven units per
acre above base density, bringing the total density to 11.7 units per acre.
LDC 2.06.03 AHDB Rating System:
For reference, the 2025 Florida Housing Finance Corporation Income is:
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A Restrictive Covenant will be recorded on the affordable for-sale units requiring them to be initially
and subsequently sold to qualifying households for a period of 30 years from the Certificate of
Occupancy of each unit.
The need for affordable housing units is great in Collier County, as the University of Florida Shimberg
Center for Housing reports that there are currently 54,275 cost-burdened households in Collier County,
with 26,756 of those spending more than 50% of their monthly income on housing expenses. Source:
University of Florida Shimberg Center of Housing Studies, June 2025 (uses 2023 data).
The current median home sales price in Collier County is $585,000 (Single Family Homes- $745,000,
Condos- $490,000). Prices in Naples have increased by 76% from pre-COVID prices. 77% of sales are
cash deals. Source: NABOR Market Report, May 2025.
The Shimberg Center also reports that the average observed rent for apartments in Collier County has
risen sharply, doubling over the past ten years to $3,258. Source: University of Florida Shimberg
Center of Housing Studies, June 2025 (uses 2024 data).
Approval of this development will assist Collier County in addressing the continued need for housing
that is affordable. Housing Policy & Economic Development Division staff recommend approval of the
Magnolia Pond PUDA and its accompanying Affordable Housing Density Bonus Agreement. See
Attachment D: Affordable Housing Density Bonus Agreement.
Zoning and Land Development Review: The subject property is currently undeveloped and is located
partially within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4. It is
bisected by Magnolia Pond Drive. It is surrounded by a public high school to the west and a public
elementary school to the east. To the north is a canal, and then single-family homes in Golden Gate
City; to the south is I-75. Beyond the immediate property boundaries of the Magnolia Pond PUD, and
to the east along Magnolia Pond Drive, the neighborhood is developed with multi-family residences.
As previously stated, the PUD will be amended to increase the number of residential dwelling units
from 231 units to 550 units by utilizing the Growth Management Plan’s Density Rating System,
including the Affordable Housing Density Bonus.
The PUD’s affordable housing component will allow 30% of the 550 residential dwelling units, or 165
units, to be reserved for individuals earning at or below 80% of the Area Median Income (AMI). The
affordable housing units will be located on the 19.6-acre property on the north side of Magnolia Pond
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Drive. Market Rate units will be located on the remaining 27.5 acres of property located on the south
side of Magnolia Pond Drive. The PUD will continue to allow for an ALF.
The building height has increased from 38 feet zoned height and 45 feet actual height to 57 feet zoned
height and 65 feet actual height. The proposed building height is similar to the building heights in the
PUDs to the west, which are 50-foot zoned height in the Golden Gate Commerce Park PUD and 55-
foot zoned height and 65-foot actual height in the Collier Boulevard Mixed-use Commerce Center
PUD.
The proposed building setbacks are the same as previously approved. The minimum setback of 300
feet from the Golden Gate Canal has been maintained. The minimum landscape code buffering
standards have been met.
Staff finds the proposed changes compatible with the neighborhood.
REZONE FINDINGS:
Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which
a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning
Commission Recommendation (commonly referred to as the “PUD Findings”), and Subsection
10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone
Findings”), which establish the legal bases to support the CCPC’s recommendation. The CCPC uses
these same criteria as the basis for their recommendation to the BCC, who, in turn, use the criteria to
support their action on the rezoning request. An evaluation relative to these subsections is discussed
below under the heading “Zoning and Land Development Review Analysis.” In addition, staff offers
the following analysis:
1.Whether the proposed change will be consistent with the goals, objectives, policies, future
land use map, and the GMP elements.
The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with
all applicable elements of the FLUE of the GMP.
2.The existing land use pattern.
As described in the “Surrounding Land Use and Zoning” portion of this staff report and discussed in the
zoning review analysis, the neighborhood’s existing land use pattern can be characterized as residential
and institutional.
3.The possible creation of an isolated district unrelated to adjacent and nearby districts.
The proposed PUD Amendment is a continuation of the residential development to the east and along the
north and south sides of Magnolia Pond Drive.
4.Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property proposed for change.
The proposed PUD boundary is logically drawn, following property boundaries.
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5.Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The proposed change is not necessary, but it is being requested in compliance with the LDC provisions
to seek such changes because the petitioner wishes to increase the residential dwelling units from 231
(4.9 DUAs) to up to 550 (11.7 DUAs).
Furthermore, the proposed PUD Amendment will provide affordable housing opportunities.
6.Whether the proposed change will adversely influence living conditions in the neighborhood.
It is staff’s opinion that the proposed change will not adversely affect living conditions in the
neighborhood. The proposed PUD is compatible with adjacent land uses.
7.Whether the proposed change will create or excessively increase traffic congestion, or create
types of traffic deemed incompatible with surrounding land uses because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be
addressed at the time of the first development order (SDP or Plat). Additionally, the project’s
development must comply with all other applicable concurrency management regulations when
development approvals are sought.
8.Whether the proposed change will create a drainage problem.
The request is not anticipated to create a drainage problem; stormwater management requirements are
addressed through Environmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County staff will evaluate the project’s stormwater management
system, calculations, and design criteria at the time of SDP and/or PPL.
9.Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed PUD amendment will not reduce light and air to adjacent areas inside or outside the
PUD.
10.Whether the proposed change would adversely affect property values in the adjacent area.
Property value is affected by many factors. It is driven by market conditions and is generally a
subjective determination. Zoning alone is not likely to adversely affect the property values, and the
proposed increase in residential dwelling units would represent a substantial investment in the
property.
11.Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
The surrounding properties are mostly developed or are currently under construction. The subject
rezoning request to increase the residential dwelling units from 231 residential dwelling units (4.9
Page 6246 of 6526
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Page 12 of 18
DUAs) to up to 550 residential dwelling units (11.7 DUAs) is not likely to deter development activity
or improvement of surrounding properties.
12.Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
If the proposed development complies with the GMP, then that constitutes a public policy statement
supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact,
the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is
further determined to be a public welfare relationship because actions consistent with plans are in the
public interest.
13.Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
There are no substantial reasons why the property cannot be used in accordance with the current
zoning. However, the applicant proposes to provide 30% affordable housing (165 residential units),
which will contribute towards satisfying an affordable housing deficiency in Collier County.
14.Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
The proposed change is not out of scale with the needs of the neighborhood and the County. The
proposed change will address an affordable housing need of the county.
15.Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this is not
the determining factor when evaluating the appropriateness of a zoning decision. The petition was
reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites
in conjunction with a specific petition.
16.The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Any development anticipated by the PUD Document would require site alteration, and this project will
undergo extensive evaluation relative to all federal, state, and local development regulations during the
site development plan approval process and again later as part of the building permit process.
17.The impact of development on the availability of adequate public facilities and services is
consistent with the levels of service adopted in the Collier County GMP and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance.
The development will have to meet all applicable criteria set forth in the LDC regarding Adequate
Public Facilities. The project must also be consistent with all applicable goals and objectives of the
GMP regarding adequate public facilities. This petition has been reviewed by County staff responsible
for jurisdictional elements of the GMP as part of the rezoning process, and staff have concluded that
Page 6247 of 6526
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Page 13 of 18
the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS)
will be minimized.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem
important in protecting public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states, “In support of its recommendation, the CCPC shall make findings as
to the PUD Master Plan’s compliance with the following criteria.”
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
The area continues to be suitable for residential development. The site has access to Magnolia Pond
Drive. Water and wastewater mains are available along Magnolia Pond Drive. There are adequate
water and wastewater treatment capacities to serve the project.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient
capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to
the CCWSD at no cost to the County at the time of utilities acceptance.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such areas
and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provided satisfactory evidence of unified control of the
property. Additionally, the development will be required to gain SDP approval. These processes will
ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of
infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of
the GMP.
County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and
policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff found
this petition consistent with the GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on the location of improvements, restrictions on design, and buffering and screening
requirements.
The proposed landscaping and buffering standards are compatible with the adjacent uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
Page 6248 of 6526
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The amount of open space set aside for this project meets the minimum requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be
addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be
required to demonstrate turning movements for all site access points. Finally, the project’s
development must comply with all other applicable concurrency management regulations when
development approvals, including but not limited to any plats and or site development plans, are
sought.
7. The ability of the subject property and surrounding areas to accommodate expansion.
To accommodate this project, the area has adequate supporting infrastructure, including readily
available County water and wastewater mains.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on a determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.
This criterion essentially requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district. The petitioner is seeking three additional deviations
(Deviations #3, 4, and 5) related to the location of affordable housing, required sidewalks, and required
parking. Please refer to the Deviation Discussion portion of the staff report below for a more extensive
examination of the deviations.
Deviation Discussion:
The petitioner is seeking one deviation from the requirements of the LDC. The deviation is directly
extracted from PUD Exhibit E. The petitioner’s rationale and staff analysis/recommendation are
outlined below.
Deviation #3
Deviation #3 requests relief from LDC Section 2.06.04 A.14. and A.16., Affordable Housing
Conditions, which require 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). All of the Market Rate dwelling units will be rental apartments
located on the south side of Magnolia Pond Drive (R2).
Petitioner’s Justification: The petitioner states the following in support of the deviation:
The Magnolia Pond MPUD consists of separate development tracts that Magnolia Pond
Drive separates. These development tracts, identified as R1 and R2 on the Master Concept
Page 6249 of 6526
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Plan, are controlled by separate developers and will be permitted as separate Site
Development Plan (SDP) applications. The MPUD will consist of owner-occupied
multifamily affordable housing dwelling units located on the north side of Magnolia Pond
Drive (R1) and market-rate renter-occupied apartment buildings located on the south side
of Magnolia Pond Drive (R2). Due to the eventual difference in property ownership and
occupancy type (i.e., market-rate rental versus owner-occupied affordable units) and the
fact that Magnolia Pond Drive acts as a natural barrier between the two product types, it is
not practical to integrate the units into a common plan or to provide identical unit types.
The LDC provision requiring affordable housing units to have the same square footage,
construction, and design as the market rate dwelling is not practical in larger developments
with multiple developers and product types. It should also be noted that recent amendments
to the Rural Land Stewardship Area (RLSA) provisions of the Collier County GMP create
situations where affordable housing will not be integrated into the larger development.
FLUE Policy 4.7.5 requires new Villages and Towns to set aside 3% of the SRA Acreage for
affordable housing. This area is to be shown on the SRA Master Plan and is not required to
be distributed throughout the entire SRA development. A similar deviation was approved for
the Tree Farm MPUD (Ord. 2023-34).
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
deviation is “justified as meeting public purposes to a degree at least equivalent to the literal
application of such regulations.”
Deviation #4
Deviation #4 requests relief from LDC Section 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.
Petitioner’s Justification: The petitioner states the following in support of the deviation:
The PUD is bisected by Magnolia Pond Drive. Magnolia Pond Drive is a public right-of-
way from Collier Boulevard to the subject property, and then is an access easement owned
by the Collier County School District. The LDC requires a 5’ sidewalk on both sides of this
roadway. Currently, the north side of Magnolia Pond Drive has an 8’ wide pathway that
extends from Collier Boulevard to Golden Gate High School. There is no sidewalk along
the majority of the south side of Magnolia Pond Drive.
A 6-foot sidewalk was constructed by the adjacent Magnolia Pond Apartments
(CDPAR13914/PL20210000922) located immediately east of the PUD; however, the
sidewalk stops at the existing drainage easement, approximately 50’ east of the Magnolia
Pond PUD boundary. Similarly, there is no existing sidewalk on the south side of Magnolia
Pond Drive to connect to the west of the subject property. Property to the west includes a
stormwater pond developed as part of the High School and is unlikely to provide a sidewalk
connection in the future. The LDC requirement to provide sidewalks along the Magnolia
Pond PUD road frontages would not require or provide a connection to the existing
sidewalk east of the development.
Page 6250 of 6526
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As shown in Exhibit 1, the development proposes to construct the public sidewalk on the
south side of Magnolia Pond Drive from the western access point to the existing sidewalk
located east of the off-site drainage easement. A pedestrian crossing to the existing 8-foot
pathway on the north side of Magnolia Pond Drive will be provided at the western
terminus of the proposed sidewalk.
The proposed deviation improves the existing pedestrian system by connecting to the
existing sidewalk on the east side of the drainage easement. Additionally, the
improvements will improve safety for vehicular traffic by grading the unrecoverable slope
along the property’s frontage and the DE.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
deviation is “justified as meeting public purposes to a degree at least equivalent to the literal
application of such regulations.”
Deviation #5
Deviation #5 requests relief from LDC Section 4.05.04.G., Table 17, Parking Space Requirements,
which requires additional parking for small-scale recreation facilities that are accessory to single-
family or multifamily projects to instead require no additional 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.
Petitioner’s Justification: The petitioner states the following in support of the deviation:
The parking requirement for multifamily dwellings is one parking space per dwelling unit
plus visitor parking computed at 0.5 spaces per efficiency unit, 0.75 spaces per 1-bedroom
unit, and 1 space per 2-bedroom or larger unit. The parking provision further requires that
office and/or administrative buildings be parked at 50% of normal requirements (50% of 1
space per 300 sf), and accessory recreation facilities be parked at 25% of the normal
requirement when the majority of the dwelling units are located within 300 feet of the
facilities.
View looking west. Sidewalk ends at DE prior to Magnolia Pond PUD
property line. Source: Google Earth; Imagery Date:8 /2024
View looking east. Existing
sidewalk located on the east
Page 6251 of 6526
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Tract R2 is intended to be developed as a single Site Development Plan (SDP) consisting of
market-rate rental apartments. The conceptual design identifies a gated development
consisting of 301 apartments. The development includes small-scale accessory recreation
facilities intended solely for the use of the residents. The recreation facilities are located
within the multifamily buildings or their internal courtyards, where the majority of units
would be within 300 feet of the recreation facilities. The estimated number of Code-
required parking is identified below:
USE UNIT LDC PARKING RATIO REQUIRED PARKING
Multifamily Residential:
1-Bedroom 118 du 1 per du plus 0.75 visitor 207 spaces
2-Bedroom or Larger 183 du 1 per du plus 1.00 visitor 366 spaces
Residential Sub-Total 573 spaces
Accessory Office/Administrative:
Office/Administrative 4,100 sf 1 per 300 sf x 50% 7 spaces
Office/Administration Sub-Total 7 spaces
Accessory Recreation:
Fitness 5,700 sf 1 per 100 sf x 25% 14 spaces
Clubhouse 4,900 sf 1 per 200 sf x 25% 6 spaces
Swimming Pool 3,500 sf 1 per 75 sf for first 1,000 sf
plus 1 per additional 125 sf x
25%
8 spaces
Pickleball Courts 2 courts 3 per court x 25% 2 spaces
Recreation Sub-Total 30 spaces
TOTAL LDC REQUIRED PARKING 610 spaces
The accessory recreation parking provision is largely intended for recreation facilities that
are part of a separate amenity’s tract or area with dedicated parking areas. Because the
recreation facilities proposed as part of this development are integrated internal to the
residential buildings and are limited to the residents of the apartment complex, they do not
require users to drive and park at a separate location. The development will provide
parking as required by LDC Section 4.05.04.G., Table 17, for the multifamily residential
units and any accessory office and administrative floor area.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and the petitioner has demonstrated that the deviation is “justified as
meeting public purposes to a degree at least equivalent to the literal application of such regulations.”
found in LDC Section 10.02.13.B.5.h.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on March 12, 2025, at the Golden Gate Community Center, 4701
Golden Gate Parkway, Naples, Florida. There were three residents in attendance at the meeting. There
is no opposition to the proposed PUD. For further information, please see Attachment E- NIM
Documents.
Page 6252 of 6526
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Page 18 of 18
COUNTY ATTORNEY'S OFFICE REVIEW:
The County Attorney's Office reviewed the Staff Report for this petition on June 26, 2025.
RECOMMENDATION:
Staff recommend that the CCPC forward Petition PUDA-PL20240010833, Magnolia Pond PUD,
to the BCC with a recommendation of approval of the affordable housing density bonus per LDC
Section 2.06.01.
Attachments:
Attachment A: Proposed PUD Ordinance
Attachment B: Ordinance 10-06
Attachment C: GMP Consistency Review Memorandum
Attachment D: Affordable Housing Density Bonus Agreement
Attachment E: NIM Documents
Attachment F: Application
Page 6253 of 6526
[25-CPS-02589/1950045/1]97 1 of 2
Magnolia Pond - PUDA-PL20240010833
6/4/25
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, ½ 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.
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[25-CPS-02589/1950045/1]97 2 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:
______________________________
Heidi Ashton-Cicko
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
Page 6255 of 6526
Magnolia Pond PUDA, PL20240010833 Page 1 of 19 Revised: 5/14/2025
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. Multf-family dwellings (includes buildings containing more than 2 units that are physically
connected).
4. Assisted living facilitfes at a F.A.R. of .60 (for each four ALF units developed, one residentfal
dwelling unit shall be subtracted from the maximum of 231 permitted dwelling units).
5. Any other permitted use deemed compatfble 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 utflity buildings.
2. Recreatfonal uses and facilitfes 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, recreatfon buildings, verandahs, and
basketball/shuftfe board courts for residents and their guests.
3. Manager's residences and offices, temporary sales trailers, and model units.
4. Gatehouse.
5. Essentfal services, including interim and permanent utflity and maintenance facilitfes.
6. Any other accessory use deemed compatfble by the Board of Zoning Appeals or the Hearing
Examiner by the process outlined in the LDC.
Page 6256 of 6526
Magnolia Pond PUDA, PL20240010833 Page 2 of 19 Revised: 5/14/2025
EXHIBIT B
TABLE I
RESIDENTIAL DEVLEOPMENT STANDARDS
STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY ASSISTED
LIVING FACILITY
CLUBHOUSE
Min. Lot Area
(per unit/use)
7,500 sq. fl. 5,000 sq. fl. 4,000 sq. fl. 10,000 sq. fl. 7,500 sq. fl.
Min. Lot Width 50 feet interior
(1)
60 feet corner
90 feet interior
(1) (45 feet)(2)
110 feet corner
lots (55 feet)(2)
NA 75 feet 50 feet interior
(1)
60 feet corner
Front Yard
Setback
15 feet (5) 15 feet (5) 25 feet 25 feet 25 feet
Side Yard
Setback
0 feet & 10 feet
or both 5 feet
0 feet & 10 feet
or both 5 feet
15 feet 15 feet 15 feet
Rear Yard
Setback
Principal:
Accessory:
20 feet
10 feet
20 feet
10 feet
20 feet
10 feet
20 feet
10 feet
20 feet
10 feet
MPUD
Boundary
Setback:
Principal
Accessory
20 feet (3)
10 feet
20 feet (3)
10 feet
20 feet (3)
10 feet
20 feet (3)
10 feet
20 feet (3)
10 feet
Page 6257 of 6526
Magnolia Pond PUDA, PL20240010833 Page 3 of 19 Revised: 5/14/2025
STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY ASSISTED
LIVING
FACILITY
CLUBHOUSE
Setback from I-
75
75 feet 75 feet 75 feet 75 feet 75 feet
Garage
Setback (4)
23 feet 23 feet 23 feet 23 feet 23 feet
Preserve Area
Setback
Principal:
Accessory:
25 feet
10 feet
25 feet
10 feet
25 feet
10 feet
25 feet
10 feet
25 feet
10 feet
Distance
Between
Principal
Structures
NA NA One-half the
sum of the
building
heights.
One-half the
sum of the
building
heights.
One-half the
sum of the
building
heights.
Distance
between
Accessory
Structures:
10 feet 10 feet 10 feet 10 feet 10 feet
Maximum
Zoned Height
Principal:
Accessory:
35 feet and 2
stories
20 feet
35 feet and 2
stories
20 feet
38 feet and 3
stories
20 feet
38 feet and 3
stories
20 feet
35 feet and 2
stories
20 feet
Maximum
Actual Height
Principal:
Accessory:
42 feet and 2
stories
27 feet
42 feet and 2
stories
27 feet
45 feet and 3
stories
27 feet
45 feet and 3
stories
27 feet
42 feet and 2
stories
20 feet
Minimum
Floor Area
1200 sq. fl. 1100 sq. fl. 1 bdr. 650 sq.
fl.
2 bdr. – 900 sq.
fl.
3 bdr – 1050
sq. fl.
(6) 1200 sq. fl.
Minimum
carport or
garage per unit
2 car garage 1 car garage 1 carport
space or 1 car
garage
(7) NA
(1) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage in parentheses applies only in cases where a dwelling unit in a 2-family structure is on
an individually platted lot.
(3) Three-story buildings shall be set back a minimum of three hundred feet from the Golden Gate Canal right-
of-way and one hundred feet from Interstate 75 right-of-way.
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Magnolia Pond PUDA, PL20240010833 Page 4 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.
(5) 15 foot setback shall apply to side-entry garages. Front entry garages must maintain a minimum of 23 feet.
(6) Maximum floor area for ALF shall be calculated per the permitted F.A.R. of .60.
(7) Not applicable for assisted living facility buildings. Independent living units that are part of an ALF shall mirror
the multf-family parking requirements.
(8) The buffer along Magnolia Pond Drive shall be a Type D buffer of either 10 feet in width with a 6 foot privacy
wall or 15 feet in width if only vegetatfon is installed.
Page 6259 of 6526
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EXHIBIT B
DEVELOPMENT STANDARDS
STANDARDS SINGLE-
FAMILY
TWO-FAMILY/
DUPLEX MULTIFAMILY ASSISTED LIVING
FACILITY CLUBHOUSE1
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
BETWEEN STRUCTURES N/A 0 OR 10’ 30’ 20’ 20’
MAX. BUILDING
HEIGHT - ZONED 35’ 35’ 57’ 50’ 35’
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
HEIGHT - ZONED 35’ 35’ 35’ 35’ 35’
MAX. BUILDNG HEIGHT
- ACTUAL 35’ 35’ 35’ 35’ 35’
SPS = Same as Principal Structure
Footnotes:
1. Clubhouses that are located within a multffamily residentfal building are subject to development standards
for multffamily dwellings.
2. Buildings that are three-stories or taller must be setback a minimum of 100’ from I-75.
3. Side setback may be 0’ or 5’ provided 10’ separatfon between adjacent principal structures is maintained if
not structurally attached.
NOTE: Setbacks that conflict with utflity standards for the required separatfon between utflity infrastructure
and buildings or structures do not constftute an approved deviatfon
Page 6260 of 6526
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EXHIBIT C
MPUD MASTER PLAN
Page 6261 of 6526
RESIDENTIAL
(R1)
ZONING: A
LAND USE: SCHOOL
GOLDEN GATE CANAL
INTERSTATE - 75
(PUBLIC RIGHT-OF-WAY)
MAGNOLIA POND DR
ZONING: GOLDEN GATE
COMMERCE PARK MPUD
LAND USE: VACANT
PRESERVE
MAGNOLIA POND DR
(PUBLIC RIGHT-OF-WAY)
ZONING: COLLIER
BLVD MIXED USE
COMM CNTR MPUD
LAND USE: VACANT
PRESERVE
ZONING: GOLDEN
GATE COMMERCE
PARK MPUD
LAND USE: SCHOOL
POTENTIAL FUTURE
RIGHT OUT ONLY
4
5
50' MUTUAL RIGHT-OF-WAY EASEMENT
(O.R. BOOK 1040 PAGE 1333)
50' MUTUAL
RIGHT-OF-WAY
EASEMENT
(O.R. BOOK 430
PAGE 516)
50' MUTUAL
RIGHT-OF-WAY
EASEMENT (O.R.
BOOK 351 PAGE 171)
30' DRAINAGE, ACCESS
AND MAINTENANCE
EASEMENT (O.R. BOOK
4575 PAGE 3010)
30' DRAINAGE, ACCESS
AND MAINTENANCE
EASEMENT (O.R. BOOK
4575 PAGE 3006)
25' MUTUAL RIGHT-OF-WAY EASEMENT
(O.R. BOOK 1040 PAGE 1333)
ZONING: RSF-3
LAND USE: RESIDENTIAL
321
15' TYPE "B"
LANDSCAPE
BUFFER
10' TYPE "A"
LANDSCAPE
BUFFER
15' TYPE "B"
LANDSCAPE
BUFFER
20' TYPE "D"
LANDSCAPE BUFFER
321
ZONING: PUD AND A
LAND USE: VACANT
MINIMUM 6' LANDSCAPE
BUFFER RESERVATION
(SEE NOTE #2)
MINIMUM 6' LANDSCAPE
BUFFER RESERVATION
(SEE NOTE #2)
20' TYPE "D"
LANDSCAPE BUFFER
ZONING: A
LAND USE: STORM
WATER POND
MINIMUM 6' LANDSCAPE
BUFFER RESERVATION
(SEE NOTE #2)
15' TYPE "B"
LANDSCAPE
BUFFER
RESIDENTIAL
(R2)
50' MUTUAL
RIGHT-OF-WAY
EASEMENT (O.R. BOOK
359 PAGE 609 & O.R.
BOOK 426 PAGE 121)
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
Sheet Number:
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:CLIENT:TITLE:PROJECT:[Save Date: 4/25/2025 4:21:41 PM] [By: AAvila] [Plot Date: 4/25/2025 4:22:32 PM] [By: Alejandro Avila] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-THTH-001\001-PUD\Drawings-Civil\C00-Exhibits\X02-Master_Plan\Sheet_Files\P-THTH-001-001-C00-X02-1.dwg]Sheet ID:
of
Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
MAGNOLIA
POND PUDA
MASTER PLAN
EXHIBIT "C"
HABITAT FOR
HUMANITY
34 49S 26E
NATHAN MULLINS
NATHAN MULLINS
NOVEMBER 2024
1" = 300'
P-THTH-001-001-C00
P-THTH-001-001-C00-X02-1.dwg
C-X02-1
01 02
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105 SCALE:1" = 300'LEGEND
DEVIATION
RESIDENTIAL
#
R#
PRESERVE
PUD INGRESS /
EGRESS
WATER
MANAGEMENT 00 75'150'300'600'900'
Bar Scale: 1" = 300'
Page 6262 of 6526
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
Sheet Number:
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:CLIENT:TITLE:PROJECT:[Save Date: 12/5/2024 11:21:00 AM] [By: NMullins] [Plot Date: 3/31/2025 3:15:09 PM] [By: Joshua Mueller] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-THTH-001\001-PUD\Drawings-Civil\C00-Exhibits\X02-Master_Plan\Sheet_Files\P-THTH-001-001-C00-X02-2.dwg]Sheet ID:
of
Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
MAGNOLIA
POND PUDA
MASTER PLAN
EXHIBIT NOTES
HABITAT FOR
HUMANITY
34 49S 26E
NATHAN MULLINS
NATHAN MULLINS
NOVEMBER 2024
N.T.S.
P-THTH-001-001-C00
P-THTH-001-001-C00-X02-2.dwg
C-X02-2
02 02
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105
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%
PRESERVE CALCULATION
PRESERVE REQUIRED:
25% OF EXISTING NATIVE VEGETATION
38.54 - ACRES OF EXISTING NATIVE
VEGETATION ON-SITE X 0.25 = 9.64 ACRES
PRESERVE PROVIDED 9.64 ACRES
OPEN SPACE
REQUIRED 60%
PROVIDED 60%
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(O), 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.
Page 6263 of 6526
Magnolia Pond PUDA, PL20240010833 Page 9 of 19 Revised: 5/14/2025
EXHIBIT D
LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD
OFFICIAL RECORD BOOK 3749, PAGES 0161-0165
A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
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 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
PROPERTY I.D. #00296760002
AND
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. #00297240000
AND
PARCEL 21:
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 NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST; RUN THENCE, SOUTH 00°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
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 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. #00297280002
AND
Page 6264 of 6526
Magnolia Pond PUDA, PL20240010833 Page 10 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
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. #00297720009
AND
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 NOT LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT
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. #00297880004
AND
PARCEL 41:
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 RECORD BOOK
1048, PAGES 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY I.D. #00298000003
AND
PARCEL 114:
THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST IN 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 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.
Page 6265 of 6526
Magnolia Pond PUDA, PL20240010833 Page 11 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
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 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. #00297280002
AND
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 LYING IN SECTION 34,
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:
Page 6266 of 6526
Magnolia Pond PUDA, PL20240010833 Page 12 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:
Page 6267 of 6526
Magnolia Pond PUDA, PL20240010833 Page 13 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 (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
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:
Page 6268 of 6526
Magnolia Pond PUDA, PL20240010833 Page 14 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.
Page 6269 of 6526
Magnolia Pond PUDA, PL20240010833 Page 15 of 19 Revised: 5/14/2025
EXHIBIT E
DEVIATIONS
LANDSCAPING AND BUFFERING REQUIREMENTS:
A1. Deviatfon #1 seeks relief from LDC Sectfon 4.06.02(C)2, Buffer Yard Requirements, which requires an
Alternatfve B (15 foot wide) Landscape Buffer, to allow for a reductfon in width to 10 feet when the
common property line between single or two family units and multf-family units are internal to the
project and employ a similar architectural theme. The plantfng materials shall be the same as the Type
‘B’ buffer.
B2. Deviatfon #2 seeks relief from LDC Sectfon 6.06.01(O), 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. Deviatfon #3 seeks relief from LDC Sectfon 2.06.04 A.14. and A.16, Affordable Housing Conditfons, which
require that affordable housing units be the same square footage, constructfon 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. Deviatfon #4 seeks relief from LDC Sectfons 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 alternatfve sidewalk plan as shown in Exhibit 1 in lieu of providing sidewalk on the
south side of Magnolia Pond Drive along the development’s entfre frontage. The alternatfve sidewalk
plan has an existfng 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. Deviatfon #5 seeks relief from LDC Sectfon 4.05.04.G., Table 17, Parking Space Requirements, which
requires parking for small-scale recreatfon facilitfes that are accessory to single-family or multffamily
projects and intended only for the residents to instead require no parking for small-scale recreatfon
facilitfes that are accessory to the market rate rental apartment units located on the south side of
Magnolia Pond Drive and identffied as R2 on the Master Concept Plan.
Page 6270 of 6526
Magnolia Pond PUDA, PL20240010833 Page 16 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 associatfons will be
responsible for the maintenance of common areas and infrastructure associated with future
development.
B. One entfty (hereinafler the Managing Entfty) shall be responsible for PUD monitoring untfl close-
out of the PUD, and this entfty shall also be responsible for satfsfying all PUD commitments untfl
close-out of the PUD. At the tfme of this PUD approval, the Managing Entfty is Habitat for
Humanity of Collier County, Inc. Should the Managing Entfty desire to transfer the monitoring
and commitments to a successor entfty, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. Afler such
approval, the Managing Entfty will be released of its obligatfons upon written approval of the
transfer by County staff, and the successor entfty shall become the Managing Entfty. As Owner
and Developer sell off tracts, the Managing Entfty shall provide written notfce 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 Entfty, but
the Managing Entfty shall not be relieved of its responsibility under this Sectfon. When the PUD
is closed-out, then the Managing Entfty 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 obligatfons imposed by a state or federal agency or undertakes
actfons that result in a violatfon of state or federal law. (Sectfon 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 “Notfce of Intent to Issue” Right of Way permit shall be submitted
for work within the S.R. 951 right of way.
B. The project shall utflize internal loop roads whenever feasible and shall eliminate dead-end roads
where practfcal.
B. At the tfme of applicatfon 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
collectfon/transmission system may be required to adequately handle the total estfmated peak
Page 6271 of 6526
Magnolia Pond PUDA, PL20240010833 Page 17 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 certfficate of occupancy for any portfon or phase of the development that
triggers the need for such improvements and/or upgrades.
C. At the tfme of applicatfon 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
distributfon/transmission system may be required to adequately handle the total estfmated 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 certfficate of occupancy for any portfon 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 outiall into Golden
Gate Canal shall be submitted prior to Final Plat and/or SDP approval the commencement of
constructfon.
B. A 30’ wide drainage, maintenance and access easement will be donated at no cost to the County
along the entfre length of the eastern property line. Said easement will be provided at the tfme
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 substantfal barrier is erected.
4. TRAFFIC
A. This project may not receive Development Order approval untfl fair share contributfon towards
planned intersectfon improvements at the Magnolia Pond and CR-951 intersectfon as identffied
by County project SAP #60092 extending from Davis Blvd. northward to the Golden Gate canal
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 generatfon 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 generatfon rates in effect at the
tfme of applicatfon 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
that generate 131 pm peak hour trips. Any mixed residentfal development proposed shall not
exceed those 131 pm peak hour trips.
Page 6272 of 6526
Magnolia Pond PUDA, PL20240010833 Page 18 of 19 Revised: 5/14/2025
DC. The donatfon of the 30' drainage, maintenance and access easement along the eastern property
line represents the project's full fair share portfon of the one-tfme maintenance/ clean out costs
of the MGG-15 drainage swale. Completed.
ED. The property owner shall within 30 days of the adoptfon 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 natfve preservatfon requirement shall be 10.28 9.64-acres (41.10 38.54-acres
existfng indigenous vegetatfon 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 recreatfonal areas including recreatfonal shelters.
ii) Biking, hiking, and nature and horse trails, and boardwalks.
iii) Natfve preserves and wildlife sanctuaries.
iv) Any other use deemed consistent with the LDC for permitted uses in preserves or
deemed compatfble by the BZA at tfme 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 relocatfon 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 relocatfon of gopher tortoises
shall be provided within thirty days of relocatfon. The report must contain the following
informatfon:
• the number of burrows excavated,
• the number of tortoises relocated, and
• the final relocatfon site.
F. Preserves may be used to satfsfy the landscape buffer requirements afler exotfc vegetatfon
removal in accordance with LDC sectfons 4.06.02 and 4.06.05.E.1. Supplemental plantfngs with
natfve plant materials shall be in accordance with LDC sectfon 3.05.07. In order to meet the LDC
buffer requirements afler removal of exotfcs and supplemental plantfng within the preserve,
plantfngs will be provided in the 6’ wide reservatfon to meet the buffer requirements. The type,
size, and number of such plantfngs, if necessary, will be determined at tfme of initfal SDP or PPL
and included on the landscape plans for the SDP or PPL.
Page 6273 of 6526
Magnolia Pond PUDA, PL20240010833 Page 19 of 19 Revised: 5/14/2025
6. ARCHITECTURAL
A. All buildings, lightfng, signage, and landscaping within the individual development tracts located
on the north and south side of Magnolia Pond Drive and identffied as R1 and R2 on the Master
Concept Plan shall each be architecturally and aesthetfcally 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. Within any multf-
family project all roofs, except for carports, shall be peaked and finished in tfle or metal. Within
any single-family or two-family project all roofs, except for carports, shall be peaked and finished
in tfle, 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 facilitfes. These care/housing
types include, but are not limited to independent living, assisted living, and nursing homes, each
of which can have varying operatfonal characteristfcs. The following characteristfcs of care units
distfnguish them from residentfal land uses, and all of the characteristfcs must be provided for
and maintained to be considered a care unit:
(i) There shall be on- site dining facilitfes for the residents with food service being on- site or
catered.
(ii) Group transportatfon services shall be provided for the residents for the purposes of
grocery and other types of shopping. Individual transportatfon services shall be
coordinated for the residents needs, including but not limited to medical office visits,
(iii) There shall be an on-site manager/actfvitfes coordinator to assist residents, and shall be
responsible for planning and coordinatfng stfmulatfng actfvitfes for the residents.
(iv) A wellness facility shall be provided on- site to provide for exercise and general fitness
opportunitfes for the residents.
(v) Each unit shall be equipped with a device to notffy 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 initfal certffied incomes are in or below
the low- and very-low category (below 80 percent of the Area Median Income) for Collier County.
Page 6274 of 6526
A
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TEX. 8' CONCRETE
SIDEWALK TO REMAIN
EX. 8' CONCRETE
SIDEWALK TO REMAIN
COUNTY R.O.W.PRIVATE A.E.
PROPOSED 6'
CONCRETE SIDEWALK
PROPOSED 6'
CONCRETE SIDEWALK
EX. 6' CONCRETE
SIDEWALK4
4
GOLDEN GATE
HIGH SCHOOL
MAGNOLIA POND DR
RELOCATED 8'
CONCRETE SIDEWALK
I-75
DEVELOPER TO MODIFY
EXISTING DRAINAGE AS
REQUIRED TO CONNECT
TO EXISTING SIDEWALK
PROPOSED CROSSWALK
WEST OF MAGNOLIA POND
PUD ENTRANCES
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 4/4/2025 2:34:36 PM] [By: AAvila] [Plot Date: 4/4/2025 2:35:29 PM] [By: Alejandro Avila] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-THTH-001\002-Apartments_SDP\Drawings-Civil\C00-Exhibits\X05_Sidewalk_Exhibit\Sheet_Files\P-THTH-001-002-C00-X05.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
MAGNOLIA
POND PUDA
PL202400010833
EXHIBIT 1:
PROPOSED
SIDEWALK
IMPROVEMENTS
HABITAT FOR
HUMANITY OF COLLIER
COUNTY, INC.
ALEJANDRO AVILA
ALEJANDRO AVILA
APRIL 2025
1" = 200'
P-THTH-001-002
P-THTH-001-002-C00-X05.dwg
C-X05
01 01
34 49 26REVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105 SCALE:1" = 200'LEGEND
#DEVIATION
DEVIATIONS LOCATIONS
AREA WITH NO SIDEWALK IMPROVEMENTS4
Page 6275 of 6526
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C"L~9ZSt.'II"':
ORDINANCE NO, 10 - Of;
c:;...AN ORDINANCE OF THE BOARD OF COUNT~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,';.
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, ::r;-,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, \:hi
WHICH INCLUDES THE COMPREHENSIVE ZONING ';;--
REGULATIONS FOR THE UNINCORPORATED AREA OF :11'
COLLIER COUNTY, FLORIDA, BY AMENDING THE ig~;: '~APPROPRIATE ZONING ATLAS MAP OR MAPS BY Gi~,-'
CHANGING THE ZONING CLASSIFICATION OF THE :po
HEREIN DESCRIBED REAL PROPERTY FROM PLANNED
UNIT DEVELOPMENT (PUD) AND AGRICULTURAL (A) TO
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR
A PROJECT KNOWN AS THE MAGNOLIA POND MPUD
FOR PROPERTY LOCATED ON THE NORTH SIDE OF
INTERSTATE 75, Y2 MILE WEST OF COLLIER BOULEVARD
CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
47,05clc ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 98-49. THE FORMER MAGNOLIA
POND PUD; AND BY PROVIDING AN EFFECTIVE DATE,
g
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WHEREAS, Timothy Hancock, AICP of Davidson Engineering, Inc, and Patrick White,
Esquire of Porter, Wright, Morris & Arthur, representing Magnolia Pond Holdings, LLC, Pawel
and Teryl Brzeski and Teryl II. Brzeski, Trustee of The Land Trust #I-B dated September II,
2001, 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
SECTION ONE:
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
I
I
The zoning classification of the herein described real property located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) and Agricultural (A) to a Mixed Use Planned\Unit Development (MPUD)
to be known as the Magnolia Pond MPUD in accordance with Exhibits A through 1', attached
PUDZ.A-2006-AR-l 0318
Rev. 01/13/1 0
Page I of2
Page 6276 of 6526
hereto and incorporated by reference herein, The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly,
SECTION TWO:
Ordinance Number 98-49, known as the Magnolia Pond PUD, adopted on June 9, 1998,
by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its
entirety,
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 <<2.3 day of jet l'\J~ ,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
J_,
ly Clerk
1
BY: '1uJ- Lv, C~
FRED W, COYLE, Chm . an
7.LJ'Q~
Steven T Williams
Assistant County Attorney
Attachments: Exhibit "A" - Permitted Uses
Exhibit "B" - Development Standards and Tables
Exhibit "C" -- Master Plan
Exhibit "D" -- Legal Description
Exhibit "E" - Deviations
Exhibit ''F'' - Developer Commitments
This ordinance filed with the
c~ry of .s~s Office}h.
1lay off I L/Q[ ~ 0
and oclcnowledgem ~f!f that
flli is day
of
By
09.CPS.00936/31
PUDZ-A-2006-AR-10318
Rev, 011\3110
Page 2 of2
Page 6277 of 6526
EXHIBIT A
The Magnolia Pond PUD is clc 47.05 acres in size and has a maximum number of231
dwelling units permitted with a density of 4,9 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-fmnily 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 ALl' units
developed, one residential dwelling unit shall be subtracted from the
maximum of231 permitted dwelling units).
5. Any other permitted use deemed compatible by the Board of Zoning
Appeals.
B. Permitted Accessory Uses and Structures:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including but not limited to:
I. Customary accessory uses and struetures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including clubhouses, swimming pools,
tennis courts, volleyball eourts, 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,
3. Manager's residences and offices, temporary sales trailers, and model
units.
4. Gatehouse.
Revised 1-12-10 Page I of 15
Page 6278 of 6526
Page 6279 of 6526
Page 6280 of 6526
STANDARDS SINGLE- TWO- MULTI -
ASSISTED
CLUBHOUSELIVING
I' AMIL Y F AMIL Y F AMIL Y
FACILITY
Setback from 75 feet 75 feet 75 feet 75 feet 75 feet
1-75
Garage 23 feet 23 feet 23 feet 23 feet NA
Setback (4)
Preserve Area
Setback
Principal: 25 feet 25 feet 25 feet 25 feet 25 Feet
Accessorv: 10 feet 10 feet 10 feet 10 feet 10 Feet
Distance One-half the One-half the One-half the
Between NA NA sum of the sum of the sum of the
Principal building building building
Structures heights. heights. heights.
Distance
Between 10 feet 10 feet 10 feet 10 feet 10 feet
Accessory
Struetures:
Maximum
Zoned Height
Principal: 35 feet and 2 35 feet and 2 38 feet and 3 38 feet and 3 35 feet and 2
stories stories stories stories stories
Accessory: 20 feet 20 feet 20 feet 20 feet 20 feet
Maximum
Actual Height
Principal: 42 feet and 2 42 feet and 2 45 feet and 3 45 feet and 3 42 feet and 2
stories stories stories stories stories
Accessorv: 27 feet 27 feet 27 feet 27 feet 27 feet
Minimum I bdr. 650 sq.
Floor Area ]200 sq. ft. [100 sq. ft. ft. (6) 1200 sq. ft.
2 bdr. - 900
sq. ft.
3 bdr. - 1050
sa. ft,
Minimum 1 carport
carport or 2 car garage I car garage space or 1 ear (7) NA
garage oer unit garage
1) May be reduced on cul-de-sac lots.
2) Minimum lot frontage in parcntheses applies only in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
3) Three-story buildings shall be set back a minimum of three hundred feet from the Golden Gate
Canal right-of-way and one hundred feet from Interstate 75 right-of-way,
Revised 1-12-10 Page 4 of 15
Page 6281 of 6526
4) A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage.
5) 15 foot setback shall apply to side-entry garages. Front entry garages must maintain a minimum
of 23 feet.
6) Maximum floor area for ALl' shall be calculated per the permitted F.A.R. of .60.
7) Not applicable for assisted living facility buildings. Independent living units that are part of an
ALl' shall mirror the multi-family parking requirements,
8) The buffer along Magnolia Pond Drive shall be a Type D buffer of either 10 feet in width with a
6 foot privacy wall or 15 feet in width if only vegetation is installed.
Revised 1-12-10 Page 5 of 15
Page 6282 of 6526
Page 6283 of 6526
EXIDBIT D
LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD
OFFICIAL RECORD BOOK 3749, PAGES 0161-0165
A PARCEL OF LAND LYING fN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA 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 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
PROPERTY J.D, #00296760002
AND
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 J.D. #00297240000
AND
PARCEL 21:
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 PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NW 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE, SOUTH 00020'07" 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
74009'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT: THENCE, NORTH
73000'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 00019'13" EAST,
A DISTANCE OF 355.71 FEET TO A POfNT OF A CURVE CONCAVE
SOUTHWESTERLY; THENCE, FROM A TANGENT BEARfNG OF SOUTH
76001 '14" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A
RADIUS OF 11,297.16 FEET, THROUGH AN ANGLE OF 03000'41" AN ARC
DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE; THENCE, SOUTH
73000'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00020'07" WEST
ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 34, A DISTANCE OF
346.19 FEET TO THE POfNT OF BEGINNING.
CONTAINfNG 5,231 ACRES, MORE OR LESS.
Revised 1-12-10 Page 7 of 15
Page 6284 of 6526
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 LD. #00297280002
AND
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 LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
PROPERTY J.D. #00297720009
AND
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 NOT LESS THAN 25%, LESS AND EXCEPT
THE PARCEL SET FORTH IN THAT 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. #00297880004
AND
PARCEL 41:
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 RECORD BOOK
1048, PAGES 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PROPERTY I.D. #00298000003
AND
Revised 1-12-10 Page 8 of 15
Page 6285 of 6526
PARCEL 114:
THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION 34, THENCE RUN N 16059'37"
E A DISTANCE OF 162.00 FEET; THENCE N 73000'33" W A DISTANCE OF 893.75
FEET; THENCE N 16059'27" 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 73037'19" W;
THENCE NORTHWESTERL Y ALONG SAID CURVE HAVING A RADIUS OF
11,621.16 FEET THROUGH AN ANGLE OF 01013'41 ", AN ARC DISTANCE OF
249.10 FEET TO THE END OF SAID CURVE; THENCE N 88028'35" E A DISTANCE
OF 336.37 FEET; THENCE S 00019'13" E A DISTANCE OF 109.09 FEET; THENCE
N 73000'33" 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.
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 A T THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST; THENCE RUN N 16059'37" E A DISTANCE OF 162.00 FEET;
THENCE N 73000'33" W A DISTANCE OF 893.75 FEET; THENCE N 16059'27" E A
DISTANCE OF 152.00 FEET; THENCE S 73000'33" E A DISTANCE OF 102.33 FEET
TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE;
THENCE N 73000'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A
CURVE CONCA VE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N
73037'19" W; THENCE NORTHWESTERL Y ALONG SAID CURVE HA VING A
RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE 01'01013'41" AN ARC
DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF
SAID DESCRIBED LIMITED ACCESS LINE.
PROPERTY \.D. #00297280002
AND
THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876
THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Revised 1-12-10 Page 9 of 15
Page 6286 of 6526
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
I. GENERAL
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.
2. ENGINEERING
A. Prior to SOP 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.
B. The project shall utilize internal loop roads whenever feasible and shall
eliminate dead-end roads where practical.
3. WATER MANAGEMENT
A. A copy of the approval of the SFWMD Right of Way and Discharge
Permit for outfall into the Golden Gate Canal shall be submitted prior to
Final Plat and/or SOP approval.
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 applieant receives an
approved SOP or within 120 days of receiving a written request for the
drainage easement from Collier County.
C. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is ereeted.
Revised 1-12-10 Page 12 of 15
Page 6289 of 6526
4. TRAFFIC
A. This projeet may not reeeive Development Order approval until fair share
contribution towards planned intersection improvements at the Magnolia
Pond and CR-951 intersection as identified by County projeet SAP
60092 extending from Davis Blvd. northward to the Golden Gate canal
have been approved and accepted by Collier County.
B. A minimum throat length of 100 feet shall be maintained at any gated
entrance.
C. The maximum number of trips generated by any proposed development
shall be based on the 125 single-fmnily units (LUC 210) defined in the
TIS that generate 131 pm peak hour trips. Any mixed residential
development proposed shall not exceed those 131 pm peak hour trips.
D. 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.
E. The property owner shall within 30 days of the adoption of this PUD
convey at no eost to the County a 20' easement along the southern side of
the Golden Gate Canal for use as a pedestrian and bicycle aceess purposes.
The easement will not be used by vehicles beyond those necessary to
maintain the improvements constructed within the easement.
5. ENVIRONMENTAL
A. The minimum native preservation requirement shall be 10.28 acres (41.1 0
acres existing indigenous vegetation x 25% = 10.28 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.
Revised 1-12-10 Page 13 orIS
Page 6290 of 6526
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.
6. ARCHITECTURAL
A. All buildings, lighting, signage, and landscaping shall 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 the buildings, signs, and fences/walls to be erected on all
of the subject parcels. Landscaping and streetscape materials shall also be
similar in design throughout the subject site. Within any multi-family
project all roofs, except for carports, shall be peaked and finished in tile or
metal. Within any single-family or two-family project all roofs, except for
carports, shall be peaked and finished in tile, metal, or architecturally-
designed shingles (such as Timberline).
7. OPERATIONAL CHARACTERISTICS FOR AU UNITS
A. Care units may be composed of one or more types of eare/housing
facilities. These eare/housing types include, but are not limited to
independent living, assisted living, and nursing homes, each of whieh 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 managerlactivities coordinator
to assist residents, and shall be responsible for planning
and coordinating stimulating activities for the residents,
iv) A wcllness facility shall be provided on-site to provide
for exercise and general fitness opportunities for the
residents.
Revised 1-12-10 Page 140fl5
Page 6291 of 6526
Page 6292 of 6526
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-06
Which was adopted by the Board of County Commissioners
on the 23rd day of February, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of February, 2010.
DWIGHT E. BROCK
Clerk of Courts and c~~r~
Ex-officio to Board ~f
County Commissioners oy,.
Q,c~:.
By: Ann Jennejohn,'- N')
Deputy Clerk
Page 6293 of 6526
Growth Management Community Development Department
Zoning Division
C O N S I S T E N C Y R E V I E W M E M O R A N D U M
To: Nancy Gundlach, PLA, AICP, CSM, Planner III, Zoning Services Section
From: Austin Grubb, Planner III, Comprehensive Planning Section
Date: May 2, 2025
Subject: Growth Management Plan Consistency Review
PETITION NUMBER: PL20240010833
PETITION NAME: Magnolia Pond Mixed Use Planned Unit Development Amendment (PUDA)
REQUEST: The petitioner requests that the Collier County Planning Commission (CCPC) consider Amending
Ordinance Number 2010-06, the Magnolia Pond Mixed Use Planned Unit Development (MUPUD) to increase the
maximum number of dwelling units from 231 dwelling units to 550 dwelling units, subject to an Affordable Housing
Density Bonus Agreement.
LOCATION: The subject site is ± 47.05 acres located at 3115 Magnolia Pond Drive, Naples and in the NW ¼ of S34,
T49 R26 Collier County, Florida. The site is in the Urban Residential Subdistrict and within the North Collier Boulevard/I
75 Innovation Zone Overlay. The site is located just outside and adjacent to the boundary of Activity Center 9.
COMPREHENSIVE PLANNING COMMENTS:
North Collier Boulevard/Interstate 75 Innovation Zone Overlay.
The Magnolia Pond MPUD was approved in 2010 and included 231 dwelling units of varying types. The North Collier
Boulevard/Interstate 75 Innovation Zone Overlay was adopted in 2018. Th e original proposal for 231 dwelling units of
varying types is technically inconsistent with the purpose and intent of the Ov erlay. However, Ordinance 2010-06
approving the 231 units precedes the creation of the Overlay and therefore is not subject to the list of desired non-residential
land uses for the Overlay District.
Page 6294 of 6526
Magnolia Pond Planned Unit Development Amendment (PUDA)
Consistency Review Memo 5-2-2025
2
North Collier Boulevard/Interstate 75 Innovation Zone Overlay Map
Future Land Use Element
Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board
of County Commissioners.
Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before
redesignating new property for urban intensity. The proposed development is an infill project and has infrastructure
available at the site and does not represent urban sprawl.
Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed
MUPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer,
and site access. The PUD document contains development standards which establish building setbacks appropriate for the
type of uses proposed. The project will be complementary to the surrounding area and adjacent land uses that include
Residential on the north and the east; a Public School to the west, and I-75 on the south.
Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to
adhere to the development character of the County. As an infill development, it will minimize the increase in greenhouse
gas emissions.
Page 6295 of 6526
Magnolia Pond Planned Unit Development Amendment (PUDA)
Consistency Review Memo 5-2-2025
3
Density:
c. Affordable Housing Bonus: To encourage the provision of affordable housing within certain Districts and Subdistricts
in the Urban Designated Area, a maximum of up to twelve (12) residential units per gross acre may be added to the base
density if the project meets the requirements of the Affordable Housing Density Bonus Ordinance (Section 2.06.00 of the
Land Development Code, Ordinance No. 04-41, as amended), and if the affordable housing units are targeted for families
earning no greater than 140% of the median income for Collier County.
The base density is 4 DU’s per acre. The existing PUD allows 231 units on ±47.05 acres for a density of 5 units per acre.
The County Commissioners may grant up to 12 units per acre (or less) additional density for affordable housing as stated
in FLUE policy B.2.c above.
The applicant is requesting an overall density of approximately 12 DU’s per acre (550 units/47.05 acres =11.7 DU’s per
acre). This request is under the maximum of 16 DU’s/acre; however, the proposed density of 12 DU’s per acre is not
an entitlement.
CONCLUSION:
Based upon staff’s analysis, the proposed land uses, density and the proposed development master plan is
consistent with the Future Land Use Element and the Future Land Use Map, due to compliance with Policies 5.4,
5.5 and 5.7, 5.6, 7.1-7.7 and the Density Rating System Section B.2.c.
PETITION ON CITYVIEW
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PL20240010833 Magnolia Pond PUDA
NIM Summary Page 1
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Memorandum
Date: May 18, 2025
To: Nancy Gundlach, AICP, PLA, CSM
From: Christopher Scott, AICP
RE: Magnolia Pond PUDA (PL20240010833)
A Neighborhood Information Meeting (NIM) was conducted for the above referenced project on Wednesday,
March 12, 2025 at 5:34 pm at the Golden Gate Community Center, located at 4701 Golden Gate Parkway.
Three individuals from the public attended the meeting (see attached sign-in sheet). Ray Bellows was in
attendance for County staff. The meeting was simultaneously conducted through Zoom and had no online
participants.
Individuals associated with the project team that were in attendance included the following:
Christopher Scott Lisa Lefkow Jake Flagg
Richard Yovanovich Michael Solorzano Mason Wiltermood
Norman Trebilcock Mara Foley Dan Waters
Chris Scott opened the meeting at 5:34 pm and provided a PowerPoint presentation outlining the details of the
proposed PUD Amendment.
Following the presentation, the meeting was opened to attendees for comments and questions.
The public had no comments and the meeting adjourned at 5:43 pm.
Page 6318 of 6526
Page 6319 of 6526
*LocaliQ
Florida
GANNETT
AFFIDAVIT OF PUBLICATION
PO Box 631244 Cincinnati, OH 45263-1244
Audrey Hancock
Peninsula Engineering
2600 Golden Gate PKWY
Naples FL 34105-3227
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority personally appeared, who
on oath says that he or she is the Legal Advertising
Representative of the Naples Daily News, a newspaper
published in Collier County, Florida; that the attached copy
of advertisement, being a Legal Ad in the matter of Main
Legal CLEGL, was published on the publicly accessible
website of Collier and Lee Counties, Florida, or in a
newspaper by print in the issues of, on:
02/25/2025
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 02/25/2025
~
My commission expires
Publication Cost:
Tax Amount:
Payment Cost:
Order No:
Customer No:
PO#:
THIS IS NOT AN INVOICE!
$505.10
$0.00
$505.10
11052980
1126100
# of Copies:
1
Please do not use this form for payment remittance.
NANCY HEYRMAN
Notary Public
State of Wisconsin
Page 1 of 2
Page 6320 of 6526
NEIGH BO RHO O D IN FORM ATIO N M EET ING
The public is invited to attend a neighborhood information
meeting held by Chris Scott of Peninsula Engineering on
March 12th at 5:30 pm at the Golden Gate Recreation
Center, 4701 Golden Gate Parkway, Naples, FL 34116.
The purpose and intent of this Neighborhood Information
Meeting isto provide the public with notice of the impending
zoning applications and to foster communication between
the applicant and the public. The expectation is that all
attendees will conduct them selves in such a manner that
their presence will not interfere with the orderly progress
of the meeting.
The Applicant, Habitat for Humanity of Collier County,
has subm itted a Planned Unit Development Amendment
(SRAA ) application for the Magnolia Pond PUD. The
am endment proposes to utilize the Affordable Housing
Density Bonus (AHDB) to increase the permitted number
of dwelling units fro m 231 to 550 dwelling units, revise
the development standards for multifamily dwellings,
including incre asing the permitted zoned and aQctual
heights, add new deviations related to AHDB units and
sidewalks, and update the Master Concept Plan and
Developer Commitm ents [PL20240010833].
Business and pro perty owners, residents and visitors are
welcom e to attend the presentation and discuss the project.
If you are unable to attend this meeting but have questions
or com ments or would like to register to participate
in the meeting rem otely, please contact Chris Scott,
Planning Manager, Peninsula Engineering, 2600 Golden
Gate Parkway, Naples, FL 3410 5 cscott@pen-enq.com
(239) 403-672 7.
Page 6321 of 6526
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
February 23, 2025
Dear Property Owner:
The public is invited to attend a Neighborhood Information Meeting to discuss a proposed amendment to the
Brightshore Village Stewardship Receiving Area (SRA):
Wednesday, March 12, 2025 at 5:30 pm
Golden Gate Community Center
4701 Golden Gate Parkway
Naples, FL 34116
The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of the
impending zoning applications and to foster communication between the applicant and the public. The
expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere
with the orderly progress of the meeting.
The Applicant, Habitat for Humanity of Collier County, has submitted a Planned Unit Development Amendment
(SRAA) application for the Magnolia Pond PUD. The amendment proposes to utilize the Affordable Housing
Density Bonus (AHDB) to increase the permitted number of dwelling units from 231 to 550 dwelling units, revise
the development standards for multifamily dwellings, including increasing the permitted zoned and actual
heights, add new deviations related to AHDB units and sidewalks, and update the Master Concept Plan and
Developer Commitments [PL20240010833].
Business and property owners, residents and visitors are welcome to attend the presentation and discuss the
project. If you are unable to attend this meeting but have questions or comments or would like to register to
participate in the meeting remotely, please the individual listed below.
Christopher Scott, AICP
Peninsula Engineering
Phone: 239.403.6727
Email: cscott@pen-eng.com
Page 6322 of 6526
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Page 6323 of 6526
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE
ALKATOTAL LIMITED PRTNRSHP 576 RIDGE DR NAPLES, FL 34108---0 GOLDEN GATE UNIT 3 BLK 110 LOT 24 36009040006 U
ALKATOTAL LIMITED PRTNRSHP 576 RIDGE DR NAPLES, FL 34108---0 GOLDEN GATE UNIT 3 BLK 110 LOT 8 36008400003 U
BEYRENT, MAXIMILIAN 506 GORDONIA RD NAPLES, FL 34108---0 34 49 26 COMM W1/4 CNR SEC 34, E1977.70FT TO POB,CONT E659.23FT, N73 DEG W92.07 FT,NWLY ALG ARC CURVE CONCAVE SW 00297320001 U
CERTO, BRIAN 4548 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 18 36011120008 U
CICIONI REAL ESTATE TRUST 100 VINE ST RINGTOWN, PA 17967---0 GOLDEN GATE UNIT 3 BLK 112 LOT 26 OR 1315 PG 2121 36011440005 U
CODY REVOCABLE TRUST 4536 32ND AVE SW NAPLES, FL 34116---8232 GOLDEN GATE UNIT 3 BLK 112 LOT 19 36011160000 U
COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 PALM SPGS EST UNIT 1 TRACT A OR 420 PG 601 65670040008 U
COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---4961 34 49 26 I-75 ROW & ACCESS ROAD NO. 2, 72.72 AC MORE OR LESS 00298080007 U
COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---4961 34 49 26 N 165 OF THE FOLL:E1/2 OF NW1/4 OF NE1/4 OF NW 1/4, W1/2 OF NE1/4 OF NW1/4 OF NW1/4,W1/2 OF NW1/4 OF NE1/4 00298120802 U
COMBS, WILLIAM J & KATHY L 4560 32ND AVE SW NAPLES, FL 34116---8232 GOLDEN GATE UNIT 3 BLK 112 LOT 17 OR 1325 PG 1201 36011080009 U
CUEVAS JR, JUAN L 4500 31ST PL SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 5 36008280003 U
DEL PRADO-GARCIA, FRANCISCO J MERCEDES REGUERA-CABRERA 4523 32ND AVE SW NAPLES, FL 34116---8231 GOLDEN GATE UNIT 3 BLK 110 LOT 26 36009120007 U
DOMINGUEZ, MARIA D GABRIELA GIOVANNA BENITEZ MARIETH A BENITEZ DOMINGUEZ 4547 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 28 36009200008 U
ENGELHART, ADAM N & ELISA 4450 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 27 36011480007 U
FERREYRA, NOELIA S 4524 32ND AVE SW NAPLES, FL 34116---8232 GOLDEN GATE UNIT 3 BLK 112 LOT 20 36011200009 U
FLORES, ANALEIDY HERNANDEZ 4471 32ND AVE SW NAPLES, FL 34116---5616 GOLDEN GATE UNIT 3 BLK 110 LOT 21 OR 1138 PG 296 36008920004 U
GEORGE, IRIS TODD 4483 32ND AVE SW NAPLES, FL 34116---8274 GOLDEN GATE UNIT 3 BLK 110 LOT 22 OR 1395 PG 1307 36008960006 U
HABITAT FOR HUMANITY IF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 W1/2 OF SE1/4 OF NE1/4 OF NW1/4 LESS S 30FT 00297840002 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 COMM NW CNR SEC 34,S 1957.57FT, E 1641.06FT TO THE POB, SELY ALG THE ARC OF A CUR CON TO THE SW 249.10FT,00296721009 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 W1/2 OF NE1/4 OF SE1/4 OF NW1/4 LESS N 30FT 00296760002 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 E1/2 OF NW1/4 OF SE1/4 OF NW1/4 LESS NLY 22 +-FT DESC IN OR 3550 PG 2809 00296800001 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 E1/2 OF SE1/4 OF NE1/4 OF NW1/4 LESS S 30FT 00297240000 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 COMM W1/4 CNR SEC E2636.93FT, N346.19FT TO POB,CONT N989.32FT,W 329.52FT,S665.85FT, W 329.57FT,00297280002 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 E1/2 OF NE1/4 OF NE1/4 OF NW1/4 5 AC OR 601 PG 500 00297600006 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 W1/2 OF NE1/4 OF NE1/4 OF NW1/4 00297720009 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 COMM NW CNR SEC 34,S1957.57FT,E988.72FT,N181.41FT TO POB, SELY ALG ARC OF CRV CONC TO SW 00297880004 U
HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113---0 34 49 26 COM NW CNR, S 1957.57FT, E1318.29FT,N94.8FT TO POB, SELY ALG ARC OF CRV CNCV TO SW 334.47FT,00298000003 U
HANKS, HAROLD BEMBURY GLENDA DENISE HANKS 4470 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 25 OR 1147 PG 126 36011400003 U
HURTADO, ABISAY DIAZ YANIN VALLADARES REGO 4500 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 22 36011280003 U
I-75 PRESERVE LLC 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201---2006 34 49 26 COM AT NE CNR SEC 34,S87DEG W 100.04FT, S 1275.33FT , S87DEG W 874.65FT AND POB,ALG ARC OF CURVE 40.05FT, N 00298120501 U
KRUEGER, SCOTT D 4410 32ND AVE SW NAPLES, FL 34116---8273 GOLDEN GATE UNIT 3 BLK 112 LOTS 30,31 36011640009 U
LEHOUX, ENRIQUE & REGINA MARCELLE LEHOUX 4411 32ND AVE SW NAPLES, FL 34116---5650 GOLDEN GATE UNIT 3 BLK 110 LOT 16 36008720000 U
LOPEZ, ADOLFO CORNELIO JESSICA D PIMENTEL IZAGUIRRE 4459 32ND AVE SW NAPLES, FL 34113---3411 GOLDEN GATE UNIT 3 BLK 110 LOT 20 OR 1836 PG 1011 36008880005 U
LOPEZ, GARDENIA 4480 32ND AVE SW NAPLES, FL 34120---0 GOLDEN GATE UNIT 3 BLK 112 LOT 24 36011360004 U
MERCADO, RAUL & LOURDES Y 4436 31ST PL SW NAPLES, FL 34116---8259 GOLDEN GATE UNIT 3 BLK 110 LOT 11 OR 1801 PG 1651 36008520006 U
NUNEZ, MAGDIEL 2224 45TH TERRACE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 29 36011560008 U
PATINO REVOCABLE TRUST 14717 BEAUFORT CIRCLE NAPLES, FL 34119---0 GOLDEN GATE UNIT 3 BLK 110 LOT 23 36009000004 U
PEREYRA, ROSELIN SHERLEY ANA TORRES AGOSTO 4448 31ST PL SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 10 36008480007 U
PULIDO, GABRIEL CASTILLO YVONNE CASTILLO 4423 32ND AVE NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 17 36008760002 U
RAGINS, DARIUS 4496 31ST PL SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 6 36008320002 U
RANDOLPH JR, WILLIAM E MARY E RANDOLPH TAMMY D RANDOLPH 4440 32ND AVE SW NAPLES, FL 34116---8273 GOLDEN GATE UNIT 3 BLK 112 LOT 28 36011520006 U
REVELO, JOSE & MARGARITA 4512 31ST PL SW NAPLES, FL 34116---8261 GOLDEN GATE UNIT 3 BLK 110 LOT 4 36008240001 U
RICHMAN NAPLES DEV PTNR LLC 777 W PUTNAM AVE GREENWICH, CT 06830---0 34 49 26 COMM AT SE CNR OF NE 1/4 SEC 34, W 100.01FT,NLY 1353.72FT, S87DEG W 947.68FT TO POB, S87DEG W 831.60FT,00296520006 U
RICHMAN NAPLES DEVELOPMENT PARTNERS II LLC 777 W PUTNAM AVE GREENWICH, CT 06830---0 34 49 26 COMM AT SE COR OF NE 1/4 SEC 34, W 100.01FT, NLY 1353.72FT, S87DEG W 1779.28FT TO POB, S 1DEG E 45.50FT, N89 00296580004 U
RIVERA CASTELLANO, DIGNORA 4572 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 16 36011040007 U
ROBERTS, JOSEPH A & REBECCA J 4435 32ND AVE SW NAPLES, FL 34116---8274 GOLDEN GATE UNIT 3 BLK 110 LOT 18 OR 993 PG 542 36008800001 U
SANDOVAL, J ANTONIO 4401 32ND AVE SW NAPLES, FL 34116---9413 GOLDEN GATE UNIT 3 BLK 110 LOT 15 36008680001 U
SANTIAGO, BARTOLA 4447 SW 32ND AVE NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 19 36008840003 U
SCHOOL DISTRICT-GGH GOLDEN GATE HIGH % SUPERINTENDENT 5775 OSCEOLA TRL NAPLES, FL 34109---919 34 49 26 NW1/4 OF NW1/4, W1/2 OF NE1/4 OF NW1/4, W1/2 OF SW 1/4 OF NW1/4 LYING N OF I-75 RW, W1/2 OF NE1/4 OF SW1/4 OF 00296480007 U
SCHOOL DISTRICT-MDE MIKE DAVIS ELEMENTARY SCHOOL 3215 MAGNOLIA POND DR NAPLES, FL 34116---8300 34 49 26 A 17.58 AC PARCEL IN THE NE1/4 FURTHER DESCRIBED IN OR 3186 PG 2789 00298120909 U
SHERWOOD PARK MASTER ASSN INC % ANCHOR ASSOCIATES INC 2340 STANFORD CT NAPLES, FL 34112---0 SHERWOOD PARK TRACT G (PRESERVE)73520001451 U
SREIT TUSCAN ISLE LLC C/O RYAN LLC 400 GALLERIA PARKWAY STE 1450 ATLANTA, GA 30339---0 34 49 26 COMM AT SW CNR OF SE 1/4 OF SEC 34, N 50FT AND POB,N00DEG E 2574.54FT TO NW CNR OF SE CNR, S72DEG E 506.83FT,00296840003 U
SULLIVAN, RAYMOND M NICHOLE SIGMAN-SULLIVAN 4400 32ND AVE SW NAPLES, FL 34116---8273 GOLDEN GATE UNIT 3 BLK 112 LOT 32 36011680001 U
SUNSHINE ENTRPRS OF SW FL INC 618 LAMBTON LN NAPLES, FL 34104---8303 GOLDEN GATE UNIT 3 BLK 112 LOT 23 36011320002 U
TRANCHANT, WADNER 4511 32ND AVE SW NAPLES, FL 34116---8231 GOLDEN GATE UNIT 3 BLK 110 LOT 25 36009080008 U
TRIMINO, EVELYN 4512 32ND AVE SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 112 LOT 21 36011240001 U
VALUS EST, INIVE GEORGES 4535 32ND AVE SW NAPLES, FL 34116---8231 GOLDEN GATE UNIT 3 BLK 110 LOT 27 36009160009 U
VARGAS, JOSE V VAZQUEZ 4484 31ST PL SW NAPLES, FL 34116---0 GOLDEN GATE UNIT 3 BLK 110 LOT 7 36008360004 U
VASQUEZ, EMILIANA L 4007 20TH PL SW NAPLES, FL 34116---6285 GOLDEN GATE UNIT 3 BLK 110 LOT 9 36008440005 U
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The
recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20240010833 - Magnolia Pond (PUDA) | Buffer: 500' | Date: 2/11/2025 | Site Location: 296721009, 296760002, 296800001, 297240000, 297280002, 297600006, 297840002, 297880004, 298000003, 297720009
Copy of POList_500 Page 6324 of 6526
Magnolia Pond PUD
PUD Amendment
PL20240010833
NEIGHBORHOOD INFORMATION MEETING
MARCH 12, 2025
Page 6325 of 6526
ZOOM TUTORIAL
•Please keep your speaker on MUTE during the presentation
•Following the presentation, we will open the meeting for Q&A
•Please type in questions using the “Chat” Tool. Submitted questions
will be read aloud prior to response
Page 6326 of 6526
PROJECT TEAM
Habitat for Humanity of Collier County, Inc.
•Rev. Lisa Lefkow, CEO
•Michael Solorzano, Director of Land Development
Thompson Thrift
•Jake Flagg
•Mason Wiltermood
Earth Tech Environmental, LLC
•Jeremy Sterk, CEP
Coleman Yovanovich Koester
•Richard D. Yovanovich, Esq.
Peninsula Engineering, Inc.
•Christopher Scott, AICP
•Dan Waters, PE
Trebilcock Consulting Solutions, PA
•Norman Trebilcock, AICP, PTOE, PE
Page 6327 of 6526
LOCATION MAP
Page 6328 of 6526
PROJECT BACKGROUND
Magnolia Pond PUD originally approved in 1998
and amended in 2010.
•47.05-acres, bisected by Magnolia Pond Drive
•Allows for a maximum of 231 dwelling units (4.9
du/ac)
•Single-Family
•Two-Family
•Multifamily
•Assisted Living Facilities (4 ALF units per du)
Page 6329 of 6526
PROPOSED AMENDMENT
•Increase permitted number of dwelling units
from 231 to 550
•Affordable Housing Density Bonus
•Update Exhibit B, Development Standards
•Revise Exhibit C, Master Concept Plan (MCP)
•Proposed Deviations:
•Affordable Housing Design Standards (LDC
2.06.05.A.14 and 2.06.05.A.16)
•Sidewalks (LDC Section 6.06.02.A.1)
•Parking (LDC 4.05.04.G, Table 17)
•Update Exhibit F, Developer Commitments
Page 6330 of 6526
EXISTING ZONING/FUTURE LAND USE
Page 6331 of 6526
INCREASED DENSITY
•Proposed Density: 550 Dwelling Units (11.69 du/ac) is consistent with the GMP
•Maximum Eligible Density per GMP is 16 du/ac
•Residential Density Band +3 du/ac
•Affordable Housing Density Bonus +7 du/ac (Max. allowed is +12 du/ac)
•165 affordable units; 30% of the total 550 units
Page 6332 of 6526
REVISED MASTER CONCEPT PLAN
•Development Tracts Bisected by Magnolia Pond Dr.
•Northern (R1) Residential Tract
•+/- 350 feet from Northern PUD Boundary/Canal
•Southern (R2) Residential Tract
•9.64-acres of Preserve
Page 6333 of 6526
NEW DEVIATIONS
3. LDC Section 2.06.04.A.14 and 16, Affordable
Housing Conditions, to allow Affordable Housing
product to be permitted and constructed
separately from market rate product. The
affordable housing units will be owner-occupied
and located north of Magnolia Pond Drive (R1)
and the market rate units will be rental
apartments located south of Magnolia Pond Drive
(R2).
Page 6334 of 6526
NEW DEVIATIONS
4. LDC Section 6.06.02.A.1., Sidewalk Requirements, to not require a 5’ sidewalk
on the south side of Magnolia Pond Drive adjacent to the preserve.
Page 6335 of 6526
NEW DEVIATIONS
5. LDC Section 4.05.04.G., Table 17, Parking Space
Requirements, to not require additional parking
for on-site recreation facilities associated with the
market rate rental apartments located south of
Magnolia Pond Drive (R2).
Page 6336 of 6526
QUESTIONS
Page 6337 of 6526
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
December 19, 2024
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34104
RE: Magnolia Pond PUD
PUD Amendment – PL20240010833
1st Review
To Whom It May Concern,
The below have been included for your review and approval. Please note that this application has been approved
for Affordable Housing Expedited Review:
1. Cover Letter
2. Certificate of Affordable Housing Expedited Review
3. PUDA Application
4. Pre-Application Meeting Notes
5. Affidavit of Authorization
6. Property Ownership Disclosure Forms
7. Covenant of Unified Control
8. Recorded Warranty Deed
9. Boundary Survey
10. Completed Addressing Checklist
11. Current Aerial/Location Map
12. Statement of Utility Provisions
13. Traffic Impact Statement
14. Environmental Data/Listed Species Survey
15. School Impact Analysis
16. Narrative and Evaluation Criteria
17. Completed Exhibits A-F (Revised PUD Document)
18. Revised MCP
19. List of Deviations & Justifications
20. Current PUD (Ord 2010-06)
21. DRAFT Affordable Housing Agreement
Please feel free to contact me at (239) 403-6727 or by email at cscott@pen-eng.com should you have any
questions or require additional information.
Sincerely,
Christopher O. Scott, AICP
Planning Manager
Page 6338 of 6526
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Page 1 of 11
Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400
www.colliercountyfl.gov
Need Help?
GMCD Public Portal
Online Payment Guide
E-Permitting Guides
PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G.1 of the Administrative Code
Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.B; and Ch. 3 G.2 of the Administrative Code
PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F.
File a separate application for an insubstantial or minor change to a PUD.
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Name of Agent:
Firm:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
If Property is under contract to be sold:
Name of Property Buyer(s):
Name of Applicant if different than buyer:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Name of Agent:
Firm:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Application for a Public Hearing for PUD Rezone,
Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR)
APPLICANT CONTACT INFORMATION
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6340 of 6526
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 2 of 11
This application is requesting a rezone from:_______________________________________Zoning district(s)
to the _______________________________________________Zoning district(s).
Present Use of the Property:__________________________________________________________________
Proposed Use (or range of uses) of the property: _________________________________________________
Original PUD Name: ________________________________________________________________________
Ordinance No: _____________________________________________________________________________
On a separate sheet attached to the application, provide a detailed legal description of the property
covered by the application:
•If the request involves changes to more than one zoning district, the applicant shall include a
separate legal description for property involved in each district;
•If required to do so at the pre-application meeting, the applicant shall submit four (4) copies of a
recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and
•The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range: / /
Lot: Block: Subdivision:
Metes & Bounds Description:
Plat Book: Page #: Property ID Number:
Size of Property: ft. x ft. = Total Sq. Ft. Acres:
Address/General Location of Subject Property:
PUD District (refer to LDC subsection 2.03.06 C):
Commercial Residential Mixed Use Industrial
Community Facilities Research and Technology Park Airport Operations
Other: ________________________________
PROPERTY INFORMATION
REZONE REQUEST
Page 6341 of 6526
Page 3 of 11
Zoning Land Use
N
S
E
W
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property on a separate sheet attached to the application.
Section/Township/Range: / /
Lot: Block: Subdivision:
Plat Book: Page #: Property ID Number:
Metes & Bounds Description: _________________________________________________________________
Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this
petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary.
Information can be found on the Civic Associations and Communities page on the Board of County
Commissioner’s website. Applicant is responsible for and shall confirm the current mailing addresses for each
association as registered by the Florida Department of State, Division of Corporations.
Name of Homeowner / Civic Association:
Mailing Address: City: State:
ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
ADJACENT ZONING AND LAND USE
ASSOCIATIONS
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6342 of 6526
Page 4 of 11
Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis
and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the
Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate
sheet attached to the application, provide a narrative statement describing the rezone request with specific
reference to the criteria below. Include any backup materials and documentation in support of the request.
a. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
c. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth
Management Plan. (This is to include identifying what subdistrict, policy, or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that
subdistrict, policy, or other provision.)
d. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
f. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
g.The ability of the subject property and of surrounding areas to accommodate expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected by
existing deed restrictions
EVALUATION CRITERIA
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6343 of 6526
Page 5 of 11
Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on
this property within the last year? If so, what was the nature of that hearing?
Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes No If yes, please provide copies.
This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 8 B of the
Administrative Code and LDC section 10.03.05. Following the NIM, the applicant will submit a written
summary and any commitments that have been made at the meeting. Refer to Chapter 8 B of the
Administrative Code for the NIM procedural requirements.
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments
or Notice of Developer Commitments that contains the legal description of the property that is the subject of
the land use petition and contains each and every commitment of the owner or developer specified in the
Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the
recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be
provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording
of said Memorandum or Notice.
PUBLIC NOTICE REQUIREMENTS
RECORDING OF DEVELOPER COMMITMENTS
LDC subsection 10.02.08 D
This application will be considered “open” when the determination of “sufficiency” has been made and the
application is assigned a petition processing number. The application will be considered “closed” when the
petitioner withdraws the application through written notice or ceases to supply necessary information to
continue processing or otherwise actively pursue the rezoning, amendment, or change, for a period of six (6)
months. An application deemed “closed” will not receive further processing, and an application “closed”
through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by
submission of a new application, repayment of all application fees, and the grant of a determination of
“sufficiency”. Further review of the request will be subject to the then current code.
Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing
advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the
Board's final action on this item, please remove all public hearing advertising sign(s) immediately.
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6344 of 6526
Page 9 of 11
The following submittal requirement checklist is to be utilized during the Pre-Application Meeting and at time
of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date
application. Please upload the submittal items with cover sheets attached to each section via the GMCD Portal.
Incomplete submittals will not be accepted, or processed. View sample PUD document.
REQUIREMENTS REQUIRED NOT
REQUIRED
Cover Letter with narrative statement including a detailed description of why
amendment is necessary
Completed application with required attachments (download latest version)
Pre-application meeting notes
Affidavit of Authorization, signed and notarized
Property Ownership Disclosure Form
Notarized and completed Covenant of Unified Control
Completed Addressing Checklist (no older than 6 months)
Warranty Deed(s)
Signed and sealed Boundary Survey (no older than 6 months)
Architectural rendering of proposed structures
Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial.
Statement of utility provisions
Statement of compliance with Growth Management Plan
Environmental data requirements pursuant to LDC section 3.08.00
Environmental Data Requirements collated into a single Environmental Impact
Statement (EIS) packet at time of public hearings. Coordinate with project planner
at time of public hearings. See Chapter 7 A. of the Administrative Code
Listed or protected species survey, less than 12 months old. Include copies of
previous surveys.
Traffic Impact Study (TIS)
Historical and Archaeological Survey or Waiver
School Impact Analysis Application, if applicable with residential uses
Location of existing public facilities that will serve the PUD
Electronic copy of all required documents
Completed Exhibits A-F (see below for additional information)+
List of requested deviations from the LDC with justification for each (this
document is separate from Exhibit E)
Conceptual Master Site Plan 24” x 36”and one (1) 8 ½” x 11” copy
*Checklist continues on next page
Final Submittal Requirement Checklist for:
PUD Rezone- Ch. 3 G.1 of the Administrative Code
Amendment to PUD- Ch. 3 G.2 of the Administrative Code
PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6345 of 6526
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24 Page 10 of 11
Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD
Revised PUD document with changes crossed thru & underlined
Development Commitments (infrastructure and related matters)
Copy of Official Interpretation and/or Zoning Verification
+The following exhibits are to be completed on a separate document and attached to the application
packet:
•Exhibit A: List of Permitted Uses
•Exhibit B: Development Standards Table for each type of land use
•Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code
•Exhibit D: Legal Description
•Exhibit E: List of Requested LDC Deviations and justification for each
•Exhibit F: List of Development Commitments
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas, pursuant to LDC subsection 2.03.08 A.2.a.(2)(b)i.c., the
applicant must contact the Florida Forest Service at 239-690-3500 for information regarding “Wildfire Mitigation &
Prevention Plan.”
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nicole Johnson
Utilities Engineering: Anthony Stolts Parks and Recreation Director:
Emergency Management: Dan Summers; and/or EMS:
Artie Bay
Immokalee Water/Sewer District:
Stormwater Management: Fire:
City of Naples Planning Director: Erica Martin Other:
City of Naples Utilities: Other:
Fire Pre-Application Meeting: $150.00 (Applied as credit towards fire review fee upon submittal of application if
within 9 months of the pre-app meeting date)
Pre-Application Meeting: $500.00
PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre
PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre
PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre
Comprehensive Planning Consistency Review: $2,250.00
Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00
Listed or Protected Species Review (when an EIS is not required): $1,000.00
Transportation Review Fees:
•Methodology Review: $500.00 (Methodology by Email to Staff)
*Additional fees to be determined at Methodology Meeting
•Minor Study Review: $750.00
•Major Study Review $1,500.00
FEE REQUIREMENTS
Page 6346 of 6526
Page 11 of 11
Fire Planning Review Fee: ($300 PUDZ, PUDR) ($150 PUDA)
Estimated Legal Advertising fee:
•CCPC: $1,125.00
•BCC: $500.00
If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after
Hearing Examiner hearing date. (Variable)
School Concurrency Fee, if applicable:
•Mitigation Fees, if application, to be determined by the School District in coordination with
the County
All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be
invoiced after the petition is heard by the Board of County Commissioners.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this
submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this
petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee.
Signature of Petitioner or Agent Date
Printed Named of Signing Party
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Public Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6347 of 6526
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
MAGNOLIA POND PUDA (PL20240010833)
LIST AND MAP OF PROPERTY OWNERS
MAP
REFERENCE PARCEL ID OWNER NAME
1 00297720009 Habitat for Humanity of Collier County, Inc.
2 00297600006 Habitat for Humanity of Collier County, Inc.
3 00297840002 Habitat for Humanity of Collier County, Inc.
4 00297240000 Habitat for Humanity of Collier County, Inc.
5 00297880004 Habitat for Humanity of Collier County, Inc.
6 00298000003 Habitat for Humanity of Collier County, Inc.
7 00296800001 Habitat for Humanity of Collier County, Inc.
8 00296760002 Habitat for Humanity of Collier County, Inc.
9 00297280002 Habitat for Humanity of Collier County, Inc.
10 00296721009 Habitat for Humanity of Collier County, Inc.
11 00296480007 Collier County School District – GGH (Magnolia Pond Rd Easement)
Page 6348 of 6526
Page 6349 of 6526
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
Page 6350 of 6526
d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f.If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g.Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
Page 6351 of 6526
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of processing this petition.
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
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EXHIBIT A TO COVENANT OF CONTROL
LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD
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:
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
Page 6357 of 6526
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:
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 (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 16°59'27" E A DISTANCE OF 152.00 FEET; THENCE S 73°00'33" E A DISTANCE OF
Page 6358 of 6526
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:
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.
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SEE SHEET 3
SEE SHEET 2
PARCEL
33 & 38
PARCEL
30
PARCEL
20
PARCEL
21
PARCEL
8
PARCEL
9
PARCEL
41
PARCEL
39
INTERSTATE 75
(STATE ROAD #93)
GOLDEN GATE HIGH SCHOOL
COLLIER COUNTY SCHOOL DISTRICT
FOLIO # 00296480007
COLLIER COUNTY
SCHOOL DISTRICT
FOLIO # 00298120909
RALPH ABERCIA
FOLIO # 00298120501
RALPH ABERCIA
FOLIO # 00296520006
GOLDEN GATE CANAL
(160' WIDE)
CURVE TABLE
CURVE #
C1
LENGTH
922.34
RADIUS
11621.16
DELTA
4°32'51"
CHORD BEARING
S75°16'57"E
CHORD LENGTH
922.10
MAGNOLIA POND DR.
S87°57'45"W 658.28
S0°21'49"E 1282.55L3
L4
S0°19'16"E 443.11C1
S72°
5
9
'
5
3
"
E
4
6
6
.
7
7
S74°0
7
'
3
4
"
E
3
2
4
.
0
9 E. LINE S.E. 1/4,N.W. 1/4 SEC. 34N0°23'37"W 959.28BASIS OF BEARINGL1
L2N0°26'08"W 621.84N0°19'19"W 662.42LINE TABLE
LINE #
L1
L2
L3
L4
LENGTH
19.48
40.61
37.51
30.00
BEARING
N0°31'32"W
N0°34'55"W
S0°25'06"E
S0°16'55"E
PARCEL DESCRIBED
CONTAINS: 47.05 ACRES
MORE OR LESSS88°23'46"W 987.88
PARCEL 114
25' MUTUAL
R.O.W. ESMT.
O.R.1040, PG.1333
50' MUTUAL
R.O.W. ESMT.
O.R.351, PG.171
O.R.359, PG. 609
O.R.426, PG.121
30' DRAINAGE
ACCESS AND
MAINTENANCE ESMT.
O.R.4574, PG.3010
30' DRAINAGE,
ACCESS AND
MAINTENANCE ESMT.
O.R.4575, PG.3006
50' MUTUAL
R.O.W. ESMT.
O.R.430, PG.516
50' MUTUAL
R.O.W. ESMT
O.R.1040, PG.1333
NORTH RIGHT OF WAY OF
INTERSTATE 75 PER ROAD
MAP 3, PAGES 6-14
50' MUTUAL
R.O.W. ESMT.
O.R.994, PG./1760
O.R.1048, PG.521
AH 11.
5
AH 11.0AH 10.5X
XX
X
X500
X500
X500X X500
X500
AE
X
X500
X
X
X500
X500
X500
X500
X500X500
X500X500
X500
X500
X500
ZONE
11.5
ZON
E
11.5
X
ZONE
11
X500
AE
AH
ZONE
11 OFLANCE T MILLER, P.S.M. #LS 5627REV.REVISIONTITLE:PROJECT NO.SHEET #:DRAWING NO.:CLIENT:Vertical Scale:Horizontal Scale:Date:Drawn by:Fieldwork by:Fieldbook/Page:[Save Date: 3/24/2025 9:47:34 AM] [Saved By: twehrle] [Plot Date: 3/24/2025 9:52:37 AM] [Plotted By: Tim Wehrle] [Original Size: 24x36] [Drawing Path: S:\Magnolia_Pond-Habitat-MPH\BOUNDARY-ALL\S-MPH-ALL-002-SU-01.dwg]NOVEMBER 20241" = 200'N.T.S.P-041/52SDTFWS-MPHS-TT-ALTAS-MPH-ALL-002-SU-01.dwg1THOMPSON THRIFT DEVELOPMENT, INC.3MAP OF BOUNDARY SURVEYOF THE NORTHWEST QUARTER OFSECTION 34, TOWNSHIP 49 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.SCALE:1" = 200'0
SCALE IN FEET
400200
GENERAL NOTES:
·BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 34 BEING NORTH 0°23'37" WEST.
·ELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM, 1988, (N.A.V.D.)
·LINES SHOWN OUTSIDE OF THE LAND DESCRIBED ARE FOR REFERENCE USE ONLY AND WERE NOT
SURVEYED.
·PROPERTY LIES WITHIN FLOOD ZONES: AH10.5, AH11.0, AH11.5, X500, & X PER FLOOD INSURANCE RATE
MAP COMMUNITY PANEL #120067 0412J DATED FEBRUARY 8TH, 2024.
·NORTH PARCELS CONTAIN: 19.382 ACRES MORE OR LESS
·SOUTH PARCELS CONTAIN: 26.144 ACRES MORE OR LESS.
·NET ACREAGE: 45.526 ACRES MORE OR LESS
LEGEND:
A.E. = ACCESS EASEMENT
BM = BENCHMARK
C/L = CENTERLINE
C.U.E. = COUNTY UTILITY EASEMENT
D.E. = DRAINAGE EASEMENT
EL. & ELEV. = ELEVATION
ESMT. = EASEMENT
F.P.L. = FLORIDA POWER & LIGHT
O.R. = OFFICIAL RECORDS BOOK
P.B. = PLAT BOOK
PG. = PAGE
P.U.E. = PUBLIC UTILITY EASEMENT
R.B. = ROAD BOOK
R.O.W. = RIGHT-OF-WAY
P = PLAT, M = MEASURED, C = CALCULATED, F = FIELD
N = NORTH, S = SOUTH, E = EAST, W = WEST
(S.I.P.)SET 5/8" IRON PIN & CAP STAMPED LB-8479
(F.I.P.) FOUND IRON PIN & CAP STAMPED AS SHOWN
(F.C.M.) FOUND CONCRETE MONUMENT
(F.N.D.) FOUND PK NAIL & DISK STAMPED
SPOIL PILE
MAP OF BOUNDARY SURVEY OF PART OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (SEE FULL LEGAL DESCRIPTION BELOW)
PREPARED FOR:THOMPSON THRIFT DEVELOPMENT, INC.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
HABITAT FOR HUMANITY OF COLLIER COUNTY INC.
PENINSULA ENGINEERING
2600 GOLDEN GATE PARKWAY
NAPLES, FLORIDA 34105
PHONE: 239.403.6700 FAX: 239.261.1797
EMAIL: INFO@PEN-ENG.COM
WEBSITE: WWW.PEN-ENG.COM
_____________________________________________
LANCE T MILLER
PROFESSIONAL SURVEYOR AND MAPPER, #LS5627
OCTOBER 7TH, 2024
DATE
·CERTIFICATE OF AUTHORIZATION #LB- 8479
·NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
·NO OTHER PERSON OR ENTITY MAY RELY UPON THIS EXHIBIT.
·THIS EXHIBIT IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATE OF TITLE, ZONING,
EASEMENTS OR FREEDOM OF ENCUMBRANCES.
SYMBOL LEGEND:
= CLEANOUT
= GRATE INLET
= MITERED END
= STORM MANHOLE
= YARD DRAIN
= GUY ANCHOR
= WOOD POWER POLE
= CONCRETE POWER POLE
= ELECTRIC PANEL
= HANDHOLE
= LIGHT POLE
= ELECTRIC MANHOLE
= ELECTRIC METER POLE
= ELECTRIC RISER
= TRANSFORMER PAD
= GAS VALVE
= CABLE RISER
= GAS RISER
= TELEPHONE RISER
= TELEPHONE MANHOLE
= IRRIGATION CONTROL BOX
= SPRINKLER HEAD
= WATER BLOW-OFF
= FIRE HYDRANT
= GATE VALVE
= WELL
= MONITORING WELL
= WATER METER
= WATER RISER
= MAILBOX
= PILING
= SIGN
D
Y
HH
L
E
E
F
GV
C
G
T
T
IC
BO
W
W
MB
P
MW
FEMA ZONE DETAIL
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:
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:
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 (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 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:
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.1.) REVISED BNDY FIGURE AND LEGALS, TFW, 12/03/24HABITAT FOR HUMANITY OF COLLIER COUNTY INC. &2.) ADDED ADDITIONAL EASEMENT LABELS, TFW, 03/24/25Page 6370 of 6526
PARCEL: 8W 1/2, NE 1/4, SE 1/4,NW 1/4PARCEL: 21E 1/2, NE 1/4, SE1/4, NW 1/4ALONG WITH SE1/4, SE 1/4, NW 1/4GOLDEN GATE HIGH SCHOOL
COLLIER COUNTY SCHOOL DISTRICT
(PARCEL ID: 00296480007)
I-75 PRESERVE LLC
(PARCEL ID:
00298120501)MAGNOLIA POND DR.PARCEL 33 & 38
HABITAT FOR HUMANITY IF CC INC
(PARCEL ID: 00297840002)
PARCEL 30
HABITAT FOR HUMANITY IF CC INC
(PARCEL ID: 00297240000) ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC BOHH STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM
STRM
STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X PARCEL
DESCRIBED
CONTAINS: 47.05 ACRES
MORE OR LESS GOLDEN GATE CANAL(160' WIDE)PARCEL 20
HABITAT FOR HUMANITY IF CC INC
(PARCEL ID: 00297240000)
60'
50' MUTUAL
R.O.W. ESMT.
O.R.1040, PG.1333
50' MUTUAL R.O.W.ESMT.O.R.351, PG.171O.R.359, PG.6096,O.R.426, PG.12125' MUTUAL
R.O.W. ESMT.
O.R.1040, PG.1333
LINE TABLE
LINE #
L1
L2
L3
LENGTH
19.48
40.61
37.51
BEARING
N0°31'32"W
N0°34'55"W
S0°25'06"ECON. S/WASPHALT ROADWAYN 1/2 NW 1/4 SEC. 34S 1/2 NW 1/4 SEC. 34TOP OFBANKL.B.2464
IRON PINCON. CURBIRON PINL.B. 2464
L.B. 6753 L.B. 3241
BROKEN
MONUMENT
L.B. 3241
6' CHAIN LINK
FENCE 1.3' +/-
W. OF P/L
6' CHAIN LINK
FENCE 1.3' +/-
W. OF P/L
RIP RAP
RIP RAP
VAULT N. LINE OF THE E. 1/2, OF THE N.E. 1/4, OF THE N.W. 1/4, SEC. 34S87°57'45"W 658.28L3
L1
L2
E. LINE OF S.E. 1/4, OF THE N.E. 1/4,OF THE N.W. 1/4, SEC. 34
N0°26'08"W 621.84
S0°21'49"E 1282.55
W. LINE OF THE E. 1/2, OF THE N.E. 1/4, OF THE N.W. 1/4, SEC. 34
STRM E. LINE OF N.E. 1/4, OF THE N.E. 1/4,OF THE N.W. 1/4, SEC. 34
N0°19'19"W 662.4230' DRAINAGE,ACCESS ANDMAINTENANCE ESMT.O.R.4575, PG.3010OFLANCE T MILLER, P.S.M. #LS 5627REV.REVISIONTITLE:PROJECT NO.SHEET #:DRAWING NO.:CLIENT:Vertical Scale:Horizontal Scale:Date:Drawn by:Fieldwork by:Fieldbook/Page:[Save Date: 3/24/2025 9:47:34 AM] [Saved By: twehrle] [Plot Date: 3/24/2025 9:52:52 AM] [Plotted By: Tim Wehrle] [Original Size: 24x36] [Drawing Path: S:\Magnolia_Pond-Habitat-MPH\BOUNDARY-ALL\S-MPH-ALL-002-SU-01.dwg]NOVEMBER 20241" = 50'N.T.S.P-041/52SDTFWS-MPHS-TT-ALTAS-MPH-ALL-002-SU-01.dwg2THOMPSON THRIFT DEVELOPMENT, INC.3MAP OF BOUNDARY SURVEYOF THE NORTHWEST QUARTER OFSECTION 34, TOWNSHIP 49 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.SYMBOL LEGEND:
= CLEANOUT
= GRATE INLET
= MITERED END
= STORM MANHOLE
= YARD DRAIN
= GUY ANCHOR
= WOOD POWER POLE
= CONCRETE POWER POLE
= ELECTRIC PANEL
= HANDHOLE
= LIGHT POLE
= ELECTRIC MANHOLE
= ELECTRIC METER POLE
= ELECTRIC RISER
= TRANSFORMER PAD
= GAS VALVE
= CABLE RISER
= GAS RISER
= TELEPHONE RISER
= TELEPHONE MANHOLE
= IRRIGATION CONTROL BOX
= SPRINKLER HEAD
= WATER BLOW-OFF
= FIRE HYDRANT
= GATE VALVE
= WELL
= MONITORING WELL
= WATER METER
= WATER RISER
= MAILBOX
= PILING
= SIGN
D
Y
HH
L
E
E
F
GV
C
G
T
T
IC
BO
W
W
MB
P
MW
SCALE:1" = 50'
0
SCALE IN FEET
10050
1.) REVISED BNDY FIGURE AND LEGALS, TFW, 12/03/242.) ADDED ADDITIONAL EASEMENT LABELS, TFW, 03/24/25Page 6371 of 6526
PARCEL: 8
W 1/2, NE 1/4, SE
1/4, NW 1/4
PARCEL: 9
E 1/2, NW 1/4,
SE 1/4, NW 1/4PARCEL: 41
W 1/2, NW 1/4, SE
1/4, NW 1/4
PARCEL: 39
E 1/2, NE 1/4, SW
1/4, NW 1/4
PARCEL: 21
E 1/2, NE 1/4, SE
1/4, NW 1/4
ALONG WITH SE
1/4, SE 1/4, NW 1/4
PARCEL: 114
PART OF THE S 1/2,
NW 1/4
RICHMAN NAPLES
DEV PTNR LLC
(PARCEL ID:
00296520006)
MAGNOLIA
POND DR.
I-75 (S.R.93)
(R.B. 3, PG. 14)
(WIDTH VARIES)
NOR
T
H
E
R
L
Y
R
.
O
.
W
.
I
-
7
5
PARCEL 33 & 38
HABITAT FOR HUMANITY IF CC INC
(PARCEL ID: 00297840002)
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X X X ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC
BO
HH
8.3D
N 1/2 NW 1/4 SEC. 34
S 1/2 NW 1/4 SEC. 34 STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM STRM
STRM
CON. WALK X X X X X X X X X X X X X X X PARCEL 20
HABITAT FOR HUMANITY IF CC INC
(PARCEL ID: 00297240000)
25'
50'
25'
25' A.E. & D.E.
O.R.229, PG.165
25'60'50' MUTUALR.O.W. ESMT.O.R.1040,PG.133350' MUTUAL R.O.W.
ESMT.
O.R.351, PG.171
O.R.359, PG.6096,
O.R.426, PG.121
50' MUTUAL
R.O.W. ESMT.
O.R.430, PG.516
50' MUTUAL
R.O.W. ESMT.
O.R.1040, PG.1333
50' MUTUAL
R.O.W. ESMT.
O.R.994, PG./1760
O.R.1048, PG.521 25'25'CURVE TABLE
CURVE #
C1
C2
LENGTH
922.34
249.10
RADIUS
11621.16
11621.16
DELTA
4°32'51"
1°13'41"
CHORD BEARING
S75°16'57"E
N73°37'19"W
CHORD LENGTH
922.10
249.10
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
LENGTH
19.48
40.61
37.51
30.00
336.37
109.09
102.33
BEARING
N0°31'32"W
N0°34'55"W
S0°25'06"E
S0°16'55"E
N88°28'35"E
S1°19'13"E
N73°00'33"W
PARCEL
DESCRIBED
CONTAINS: 47.05 ACRES
MORE OR LESS
ASPHALT ROADWAY
(D) N
7
3
°
0
0
'
3
3
"
W
8
9
3
.
7
5
(TIE
L
I
N
E
T
O
PAR
C
E
L
1
1
4
)(D) N16°59'27"E 162.00(D) C
2
(D) L5
(D) L6(D) L
7
L.B.2464
L.B.2464 L.B.2464IRON PINL.B.3661
IRON PIN
ILLEGIBLE
ILLEGIBLE
4' POST AND WIRE
FENCE RUNS ALONG
PROPERTY LINE
6' CHAIN LINK FENCE
0.8' WEST OF
PROPERTY LINE
EDGE OF
WATER AT
TIME OF
SURVEY
(10/05/2024)
TOP OF
BANK
TOP
OF
BANK
NORTH RIGHT OF WAY OF
INTERSTATE 75 PER
ROAD MAP 3, PAGES 6-14
CON. WALK CON. CURB
CON. CURB
CON. CURB
CON. CURB IRON PINL.B. 2464L.B. 67536' CHAIN LINKFENCE 1.3' +/-W. OF P/LHEADWALL AND
BOX CULVERTRIP RAPVAULT
TOP OF
BANK L3S88°23'46"W 987.88
N. LINE OF THE S. 1/2, OF THE N.W. 1/4, SEC. 34
L4S0°19'16"E 443.11W. LINE OF E. 1/2,N.E. 1/4, S.E. 1/4, N.W. 1/4,C1
S72°
5
9
'
5
3
"
E
4
6
6
.
7
7
S74°0
7
'
3
4
"
E
3
2
4
.
0
9 E. LINE S.E. 1/4, N.W. 1/4, SEC. 34N0°23'37"W 959.28(BASIS OF BEARING)L1 L230' DRAINAGE,
ACCESS AND
MAINTENANCE ESMT.
O.R.4575, PG.3010 OFLANCE T MILLER, P.S.M. #LS 5627REV.REVISIONTITLE:PROJECT NO.SHEET #:DRAWING NO.:CLIENT:Vertical Scale:Horizontal Scale:Date:Drawn by:Fieldwork by:Fieldbook/Page:[Save Date: 3/24/2025 9:47:34 AM] [Saved By: twehrle] [Plot Date: 3/24/2025 9:53:08 AM] [Plotted By: Tim Wehrle] [Original Size: 24x36] [Drawing Path: S:\Magnolia_Pond-Habitat-MPH\BOUNDARY-ALL\S-MPH-ALL-002-SU-01.dwg]NOVEMBER 20241" = 60'N.T.S.P-041/52SDTFWS-MPHS-TT-ALTAS-MPH-ALL-002-SU-01.dwg3THOMPSON THRIFT DEVELOPMENT, INC.3MAP OF BOUNDARY SURVEYOF THE NORTHWEST QUARTER OFSECTION 34, TOWNSHIP 49 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.SYMBOL LEGEND:
= CLEANOUT
= GRATE INLET
= MITERED END
= STORM MANHOLE
= YARD DRAIN
= GUY ANCHOR
= WOOD POWER POLE
= CONCRETE POWER POLE
= ELECTRIC PANEL
= HANDHOLE
= LIGHT POLE
= ELECTRIC MANHOLE
= ELECTRIC METER POLE
= ELECTRIC RISER
= TRANSFORMER PAD
= GAS VALVE
= CABLE RISER
= GAS RISER
= TELEPHONE RISER
= TELEPHONE MANHOLE
= IRRIGATION CONTROL BOX
= SPRINKLER HEAD
= WATER BLOW-OFF
= FIRE HYDRANT
= GATE VALVE
= WELL
= MONITORING WELL
= WATER METER
= WATER RISER
= MAILBOX
= PILING
= SIGN
= SPOIL PILE
D
Y
HH
L
E
E
F
GV
C
G
T
T
IC
BO
W
W
MB
P
MW
SCALE:1" = 60'0
SCALE IN FEET
12060
1.) REVISED BNDY FIGURE AND LEGALS, TFW, 12/03/242.) ADDED ADDITIONAL EASEMENT LABELS, TFW, 03/24/25Page 6372 of 6526
Addressing Checklist 6/14/2024 Page 1 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Addressing Checklist
GMCD Public Portal
Land Development Code
Administrative Code
Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are
required for every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after
that timeframe and any time the properties within the project boundary are modified.
*Name of Owner/Agent:
Firm [if agent]:
*Address:*City:*State:*ZIP:
*Telephone:Cell:Fax:
*E-Mail Address:
*Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]:
*Legal Description of subject property or properties [Attach list if necessary]:
Street Address(es) where applicable, if already assigned:
Applicant Contact Information
Location Information
Page 6373 of 6526
Collier County
Addressing Checklist 6/14/2024 Page 2 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by
the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at
GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal.
Current Project Name:
Proposed Project Name:
Proposed Street Name:
Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
Additional documents may be attached to this form and can include.
Checkmark the items included with this application:
Requirements for Review: Required:
LOCATION MAP and/or SURVEY showing the proposed project boundary. ☒
List of additional folio numbers and associated legal descriptions. ☐
E-mail from Addressing Official for any pre-approved project and/or street names.☐
Project Information
Submittal Requirement Checklist
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: Front.Desk@colliercountyfl.gov
Page 6374 of 6526
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
MAGNOLIA POND PUDA (PL20240010833)
LIST AND MAP OF PROPERTY OWNERS
MAP
REFERENCE PARCEL ID OWNER NAME
1 00297720009 Habitat for Humanity of Collier County, Inc.
2 00297600006 Habitat for Humanity of Collier County, Inc.
3 00297840002 Habitat for Humanity of Collier County, Inc.
4 00297240000 Habitat for Humanity of Collier County, Inc.
5 00297880004 Habitat for Humanity of Collier County, Inc.
6 00298000003 Habitat for Humanity of Collier County, Inc.
7 00296800001 Habitat for Humanity of Collier County, Inc.
8 00296760002 Habitat for Humanity of Collier County, Inc.
9 00297280002 Habitat for Humanity of Collier County, Inc.
10 00296721009 Habitat for Humanity of Collier County, Inc.
11 00296480007 Collier County School District – GGH (Magnolia Pond Rd Easement)
Page 6375 of 6526
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:
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 GRANTOOR 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
Page 6376 of 6526
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:
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:
Page 6377 of 6526
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 (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 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. #00297280002
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.
Page 6378 of 6526
PARCEL 30:
THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2704 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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.
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.
Page 6379 of 6526
¯
P:\Active_Projects\P-HHCC-0 02\001-Magno lia_Pond\Plann in g\GIS\2024 -11-11-Aeria l_Loca tion_Map.mxdDate Sa ved: 11/12/2024
PROJECT:
NOTES:
EXHIBIT DESC:
2600 Gold en Gate ParkwayNaples, FL 34105
CLIENT:
LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2024)
AERIA L LO CATION MA PMAGNOLIA POND PUDA
MAGNO LIA POND DRIVE
Magnolia Pond DR
Collier BLVDCity Gate BLVD N
City Gate DR
Legend
Magnolia Pond PUD Collier BLVDPage 6380 of 6526
Page 6 of 11
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
Name of Applicant(s):
Address: City: State: Zip:
Telephone: Cell:
E-Mail Address:
Address of Subject Property (If available):
City: State: Zip:
Section/Township/Range: / /
Lot: Block: Subdivision:
Metes & Bounds Description:
Plat Book: Page #: Property ID Number:
Check applicable system:
a.County Utility System
b.City Utility System
c.Franchised Utility System
d.Package Treatment Plant
e.Septic System
Provide Name:
(GPD Capacity):
Type:
Check applicable system:
a.County Utility System
b.City Utility System
c.Franchised Utility System
d.Private System (Well)
Total Population to be Served:
Peak and Average Daily Demands:
A.Water-Peak:
B.Sewer-Peak:
Provide Name:
Average Daily Demands:
Average Daily Demands:
TYPE OF WATER SERVICE TO BE PROVIDED
APPLICANT CONTACT INFORMATION
PROPERTY INFORMATION
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6381 of 6526
Page 7 of 11
Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage
treatment process to be used as well as a specific statement regarding the method of affluent and sludge
disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from
tests prepared and certified by a professional engineer. Attach additional pages if necessary.
Collier County Utility Dedication Statement: If the project is located within the service boundaries of
Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate
the water distribution and sewage collection facilities within the project area to the Collier County Utilities.
This shall occur upon completion of the construction of these facilities in accordance with
all applicable County ordinances in effect at that time. This statement shall also include
an agreement that the applicable system development charges and connection fees will be paid to
the County Utilities Division prior to the issuance of building permits by the County. If applicable, the
statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the
pre-application meeting, if the project is to receive sewer or potable water services from any provider
other than the County, a statement from that provider indicating adequate capacity to serve the project
shall be provided.
PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4/22/24
Page 6382 of 6526
Project:Magnolia Pond PUDPIN:P-THTH-001 Task/Subtask:PUDA - Rev01Calculated By:JSMDate:3/19/2025Checked By:DWDate:3/19/2025Task:Determine estimated wastewater flows generated for the project to be included in the PUDA Statement of Utility Provisions.Assumptions and Design Notes:1) All residential wastewater consumptive rates are per CC Design Criteria, Section 3.0. Calculations:Original Magnolia Pond MPUD Ord. No. 10-06 Wastewater Flow CalculationsPer the maximum residential dwelling units permitted:A = (NOTE 3) B C D = (A x C) E = (NOTE 1) F = (D x E) G = (F / 1440) H = (NOTE 2) I = (G x H)Use No. of Units Unit Population Per Unit Total PopulationPer Capita Flow(GPD)Total Average Daily Flow (GPD)Total Average Hourly Flow (GPM)Peak Hour FactorPeak Hour Flow (GPM)Residential 231 DU 2.5 578 100 57,750 40.1 3.9 158.1TOTAL- - - - -57,750- -158.118 + (P)1/2578Persons (F/E) = Average Daily Flow / 100 GPD4 + (P)1/20.58Per the maximum Assisted Living Facilities permitted:A = (NOTE 3) B C D = (A x C) E = (NOTE 1) F = (D x E) G = (F / 1440) H = (NOTE 2) I = (G x H)Use No. of Units Unit Population Per Unit Total PopulationPer Capita Flow(GPD)Total Average Daily Flow (GPD)Total Average Hourly Flow (GPM)Peak Hour FactorPeak Hour Flow (GPM)ALF 924 Per Bed 1 924 100 92,400 64.2 3.8 242.7ALF 2,772 Meals Per Day 1 2,772 5 13,860 9.6 3.8 36.4TOTAL- - - - -106,260- -279.118 + (P)1/21063Persons (F/E) = Average Daily Flow / 100 GPD4 + (P)1/21.06Proposed Magnolia Pond PUDA (This Application) Wastewater Flow CalculationsPer the maximum residential dwelling units proposed:A B C D = (A x C) E = (NOTE 1) F = (D x E) G = (F / 1440)H = (NOTE 2) I = (G x H)Use No. of Units Unit Population Per Unit Total PopulationPer Capita Flow(GPD)Total Average Daily Flow (GPD)Total Average Hourly Flow (GPM)Peak Hour FactorPeak Hour Flow (GPM)Residential 550 DU 2.5 1,375 100 137,500 95.5 3.7 353.9TOTAL- - - - -137,500- -353.918 + (P)1/21375Persons (F/E) = Average Daily Flow / 100 GPD4 + (P)1/21.384) Maximum Allowable Assisted Living Facilities based on the trip cap of 246 2-way, PM peak hour trips; equivalent to 1,025 ALF beds. In addition, conservatively assumes 3 regularly prepared meals per day per bed. EP / 1,000 = 3) Per the Original MPUD Ord. No. 10-06; Maximum number of 231 dwelling units permitted / Assisted Living Facilities (ALF) "for each four ALF units developed, one residential dwelling unit shall be subtracted from the maximum of 231 permitted dwelling units" assumed entirely as ALF with 3 regularly prepared meals per day per bed. Peak Hourly Factor == 3.8Equivalent Population (EP) = where P =2) Peak Factor based on population served; (18+ (Population/1000)^.5)/(4+(Population/1000)^.5) where P is the population in thousands.= 3.7Equivalent Population (EP) = where P =EP / 1,000 = where P =Equivalent Population (EP) = =EP / 1,000 = 3.9Peak Hourly Factor =Peak Hourly Factor =P:\Active_Projects\P-HHCC-002\001-Magnolia_Pond\Design\PotableWater\P-HHCC-002_Utility Calcs_Rev011 of 4Page 6383 of 6526
Per the maximum ALF allowed based on project's trip cap:A = (NOTE 4) B C D = (A x C) E = (NOTE 1) F = (D x E) G = (F / 1440) H = (NOTE 2) I = (G x H)Use No. of Units Unit Population Per Unit Total PopulationPer Capita Flow(GPD)Total Average Daily Flow (GPD)Total Average Hourly Flow (GPM)Peak Hour FactorPeak Hour Flow (GPM)ALF 1,025 Per Bed 1 1,025 100 102,500 71.2 3.8 267.1ALF 3,075 Meals Per Day 1 3,075 5 15,375 10.7 3.8 40.1TOTAL- - - - -117,875- -307.218 + (P)1/21178.75Persons (F/E) = Average Daily Flow / 100 GPD4 + (P)1/21.18Conclusion:Per the maximum residential dwelling units permitted:Per the maximum Assisted Living Facilities permitted:Peak Hour Flow (GPM) = 158.1Peak Hour Flow (GPM) = 279.1Average Daily Flow (GPD) = 57,750Average Daily Flow (GPD) = 106,260Per the maximum residential dwelling units proposed:Per the maximum ALF allowed based on project's trip cap:Peak Hour Flow (GPM) = 353.9Peak Hour Flow (GPM) = 307.2Average Daily Flow (GPD) = 137,500Average Daily Flow (GPD) = 117,875The worst case scenario wastewater flows for the proposed PUDA is per the maximum residential dwelling units proposed as shown above. Total Wastewater Flows per the original MPUD Ord. No. 10-06:3.8Equivalent Population (EP) = where P =EP / 1,000 = Total Wastewater Flows per the proposed PUDA (This Application):Peak Hourly Factor ==P:\Active_Projects\P-HHCC-002\001-Magnolia_Pond\Design\PotableWater\P-HHCC-002_Utility Calcs_Rev012 of 4Page 6384 of 6526
Project:Magnolia Pond PUDPIN:P-THTH-001Task/Subtask:PUDA - Rev01Calculated By:JSMDate:3/19/2025Checked By:DWDate:3/19/2025Task:Determine potable water demands generated for the project to be included in the PUDA Statement of Utility Provisions.Assumptions and Design Notes:1) Potable Demand Factor per CC Design Criteria, Section 2.2.1.C.2) Peaking Factor per CC 2022 Annual Update & Inventory Report / Capitol Improvement Element (2022 AUIR/CIE).Calculations:Original Magnolia Pond MPUD Ord. No. 10-06 Water Demand CalculationsPer the maximum residential dwelling units permitted:A = (NOTE 1) B = (NOTE 1) C = (A x B) D = (NOTE 2) E = (C x D) F = (E / 1440)UseWastewater Average Daily Flow (GPD)Potable Demand FactorAverage Daily Water Demand (GPD)Peak Day FactorMaximum Daily Water Demand (GPD)Peak Hour Demand (GPM)Residential 57,750 1.4 80,850 1.3 105,105 73.0TOTAL- -80,850-105,105 73.0Per the maximum Assisted Living Facilities permitted:A = (NOTE 1) B = (NOTE 1) C = (A x B) D = (NOTE 2) E = (C x D) F = (E / 1440)UseWastewater Average Daily Flow (GPD)Potable Demand FactorAverage Daily Water Demand (GPD)Peak Day FactorMaximum Daily Water Demand (GPD)Peak Hour Demand (GPM)ALF 92,400 1.4 129,360 1.3 168,168 116.8ALF 13,860 1.4 19,404 1.3 25,225 17.5TOTAL- -148,764-193,393 134.3Proposed Magnolia Pond PUDA (This Application) Water Demand CalculationsPer the maximum residential dwelling units proposed:A = (NOTE 1) B = (NOTE 1) C = (A x B) D = (NOTE 2) E = (C x D) F = (E / 1440)UseWastewater Average Daily Flow (GPD)Potable Demand FactorAverage Daily Water Demand (GPD)Peak Day FactorMaximum Daily Water Demand (GPD)Peak Hour Demand (GPM)Residential 137,500 1.4 192,500 1.3 250,250 173.8TOTAL- -192,500-250,250 173.8Per the maximum ALF allowed based on project's trip cap:A = (NOTE 1) B = (NOTE 1) C = (A x B) D = (NOTE 2) E = (C x D) F = (E / 1440)UseWastewater Average Daily Flow (GPD)Potable Demand FactorAverage Daily Water Demand (GPD)Peak Day FactorMaximum Daily Water Demand (GPD)Peak Hour Demand (GPM)ALF 102,500 1.4 143,500 1.3 186,550 129.5ALF 15,375 1.4 21,525 1.3 27,983 19.4TOTAL- -165,025-214,533 149.0P:\Active_Projects\P-HHCC-002\001-Magnolia_Pond\Design\PotableWater\P-HHCC-002_Utility Calcs_Rev013 of 4Page 6385 of 6526
Conclusion:Per the maximum residential dwelling units permitted:Per the maximum Assisted Living Facilities permitted:Peak Hour Demand (GPM) = 73.0Peak Hour Demand (GPM) = 134.3Maximum Daily Demand (GPD) = 105,105Maximum Daily Demand (GPD) = 193,393Average Daily Demand (GPD) = 80,850Average Daily Demand (GPD) = 148,764Per the maximum residential dwelling units proposed:Per the maximum ALF allowed based on project's trip cap:Peak Hour Demand (GPM) = 173.8Peak Hour Demand (GPM) = 149.0Maximum Daily Demand (GPD) = 250,250Maximum Daily Demand (GPD) = 214,533Average Daily Demand (GPD) = 192,500Average Daily Demand (GPD) = 165,025The worst case scenario water demands for the proposed PUDA is per the maximum residential dwelling units proposed as shown above. Total Water Demand per the original MPUD Ord. No. 10-06:Total Water Demand per the proposed PUDA (This Application):P:\Active_Projects\P-HHCC-002\001-Magnolia_Pond\Design\PotableWater\P-HHCC-002_Utility Calcs_Rev014 of 4Page 6386 of 6526
Traffic Impact Statement
Magnolia Pond Planned Unit Development Amendment (PUDA) PL20240010833
Collier County, Florida
03/14/2025
Prepared for: Prepared by:
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239.403.6700
Trebilcock Consulting Solutions, PA
2800 Davis Boulevard, Suite 200
Naples, FL 34104
Phone: 239.566.9551
Email: ntrebilcock@trebilcock.biz
Collier County Transportation Methodology Fee – $500.00*
Collier County Transportation Review Fee – Major Study – $1,500.00*
Note – *to be collected at time of first submittal
Page 6387 of 6526
Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
Trebilcock Consulting Solutions, PA Page | 2
Statement of Certification
I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision
and that I have experience and training in the field of Traffic and Transportation Engineering.
Norman J. Trebilcock, AICP, PTOE, PE
FL Registration No. 47116
Trebilcock Consulting Solutions, PA
2800 Davis Boulevard, Suite 200
Naples, FL 34104
Company Cert. of Auth. No. 27796
Page 6388 of 6526
Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
Trebilcock Consulting Solutions, PA Page | 3
Table of Contents
Project Description ............................................................................................................ 4
Trip Generation ................................................................................................................. 5
Trip Distribution and Assignment ...................................................................................... 7
Background Traffic ........................................................................................................... 10
Existing and Future Roadway Network ............................................................................ 11
Project Impacts to Area Roadway Network Link Analysis ................................................ 12
Site Access Turn Lane Analysis......................................................................................... 14
Improvement Analysis ..................................................................................................... 15
Mitigation of Impact ........................................................................................................ 15
Appendices
Appendix A: PUD Master Plan ........................................................................................ 16
Appendix B: Initial Meeting Checklist (Methodology Meeting) ...................................... 18
Appendix C: ITE Trip Generation Calculations ................................................................ 25
Appendix D: Transportation Element Map TR-6 ............................................................. 36
Appendix E: 2024 AUIR TCMA Report – East Central TCMA ........................................... 38
Appendix F: Project Turning Movement Exhibits ............................................................ 40
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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Project Description
Magnolia Pond is a proposed residential development located north and south of Magnolia Pond Drive,
approximately ½ mile west of Collier Boulevard (CR 951), in Collier County, Florida. The Magnolia Pond
Planned Unit Development Amendment (PUDA) project is located in Section 34, Township 49 South,
Range 26 East, Collier County, Florida.
The approximate location of the subject site is illustrated in Figure 1. The proposed master site plan is
illustrated in Appendix A: PUD Master Plan.
Figure 1 – Project Location Map
The subject property is currently vacant land.
The Magnolia Pond PUD is approved for up to 231 residential dwelling units (du) with a maximum of 125
single-family du allowed. The approved zoning states the maximum number of PM peak hour trips of any
mixed residential development proposed shall not exceed 131 PM peak hour trips (refer to Collier County
Ordinance 2010-06).
The Magnolia Pond PUDA project proposes to change the approved development density to 550 dwelling
units consisting of a 301 du multifamily (mid-rise) residential development on the south side of Magnolia
Pond Drive and a 249 du multifamily (low-rise) residential development on the north side of Magnolia
Pond Drive. Any associated swimming pool or recreational facilities are considered incidental to the
residential uses for traffic analysis purposes.
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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In conformance with the transportation pre-app notes, this traffic analysis will establish a trip limit/cap
Developer Commitment for this PUDA based on the findings in this report.
Consistent with the recommendations illustrated in Collier County Traffic Impact Study Guidelines and
Procedures, traffic generation associated with the proposed development is evaluated based on the
Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition and ITE Trip Generation
Handbook, 3rd Edition. In agreement with the ITE Land Use Code (LUC) descriptions, the ITE land use
designations are illustrated in Table 1.
Table 1
Magnolia Pond PUDA – Development Program
Development Land Use/SIC Use Code ITE Land
Use Code Size
Approved PUD (1)
Single-Family Residential Single-Family Detached Housing/Not Applicable LUC 210 125 dwelling units
Multifamily Residential Multifamily Housing (Low-Rise)/Not Applicable LUC 220 106 dwelling units
Proposed PUDA
Multifamily Residential Multifamily Housing (Low-Rise)/Not Applicable LUC 220 249 dwelling units
Multifamily Residential Multifamily Housing (Mid-Rise)/Not Applicable LUC 221 301 dwelling units
Notes: 1) Subject to trip cap limitations per approved Ord. #2010-06.
For the purposes of this analysis, the traffic planning horizon year is assumed to be 2030.
A methodology meeting was held with the Collier County Transportation Planning staff on November 13,
2024, via email. For details refer to Appendix B: Initial Meeting Checklist (Methodology Meeting). The
analysis included in this report is generally consistent with the November 2024 methodology meeting.
The project proposes one full movement access onto Magnolia Pond Drive from the north parcel, one full
movement access and one right-out only access onto Magnolia Pond Drive from the south parcel.
Trip Generation
The project’s site trip generation is based on the ITE Trip Generation Manual, 11th Edition. The software
program OTISS (Online Traffic Impact Study Software, most current version) is used to create the raw
unadjusted trip generation for the project. The ITE rates and equations are used for the trip generation
calculations, as applicable. The ITE – OTISS trip generation calculation worksheets are provided in
Appendix C: ITE Trip Generation Calculations.
Based on ITE recommendations and Collier County Traffic Impact Study guidelines, no reductions for
internal capture or pass-by trips have been taken into consideration.
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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The trip generation associated with the proposed PUDA future build-out conditions is summarized in
Table 2A.
Table 2A
Magnolia Pond PUDA – Proposed Trip Generation – Average Weekday
Development Weekday AM Peak Hour PM Peak Hour
Land Use Size/Location Enter Exit Total Enter Exit Total
Multifamily Residential
(Low-Rise)
249 dwelling
units/North Parcel 1,671 24 76 100 81 47 128
Multifamily Residential
(Mid-Rise)
301 dwelling
units/South Parcel 1,389 28 93 121 72 46 118
Total External 3,060 52 169 221 153 93 246
The operational site access turn lane analysis is calculated based on the proposed PUDA land use total
external traffic during the weekday AM and PM peak hour as shown in Table 2A.
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, as illustrated in Table 2A.
The trip generation based on the approved zoning conditions and consistent with Ordinance 2010-06 is
illustrated in Table 2B. For this analysis, the maximum number of single-family dwelling units allowed
was conservatively used for the trip generation calculations. The balance of trips required to equal the
existing approved trip-cap was calculated using the ITE land use Multifamily Housing (Low-Rise).
For the purposes of this analysis, average trip generation rates for Multifamily Housing (Low-Rise) were
applied, as the y-intercept value of the linear regression equation yielded unrealistic large values when
applied to smaller independent variables. Utilizing average rates ensures a reasonable and consistent
estimation of trip generation in compliance with the trip cap (refer to Table 2B and Appendix C:).
Table 2B
Magnolia Pond PUD – Approved Zoning Trip Generation – Average Weekday
Development Weekday AM Peak Hour PM Peak Hour
Land Use Size Enter Exit Total Enter Exit Total
Single-Family Residential 125 dwelling units 1,239 23 68 91 77 46 123
Multifamily Residential 16 dwelling units 108 1 5 6 5 3 8
Total External 1,347 24 73 97 82 49 131
The project estimated net new traffic volume shown in Table 2C reflects the PM peak hour traffic
difference between the proposed PUDA buildout conditions and the approved zoning conditions and will
be used for the concurrency analysis in this report.
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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Table 2C
Magnolia Pond PUDA – Net New Trip Generation – Average Weekday
Development AM Peak Hour PM Peak Hour
Land Use Enter Exit Total Enter Exit Total
Proposed Zoning
Total External Traffic 52 169 221 153 93 246
Existing Zoning Total
External Traffic 24 73 97 82 49 131
Total Net New Traffic 28 96 124 71 44 115
In agreement with the Collier County Traffic Impact Study guidelines, significantly impacted roadways are
identified based on the proposed project highest peak hour trip generation (net new total) and consistent
with the peak hour of the adjacent street traffic. Based on the information contained in Collier County
2024 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM
peak hour.
Trip Distribution and Assignment
The traffic generated by the Magnolia Pond PUD development is assigned to the adjacent roadway
segments in general conformance with the Magnolia Pond PUDA Traffic Impact Statement dated
December 15, 2008 and consistent with the transportation methodology (Appendix B).
The site-generated trip distribution is shown in Table 3, Magnolia Pond PUDA – Traffic Distribution for
PM Peak Hour and is graphically depicted in Figure 2 – Magnolia Pond PUDA – Distribution by
Percentage.
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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Table 3
Magnolia Pond PUDA – Traffic Distribution for PM Peak Hour
Roadway Link
CC
AUIR
Link ID
#
Roadway Link Location
Distribution
of Project
Traffic
PM Peak Hour Project Traffic
Volume
Enter Exit
Collier Blvd 32.1 Green Blvd to Golden Gate
Parkway 15% SB – 11 NB – 7
Collier Blvd 32.2 Golden Gate Pkwy to
Golden Gate Main Canal 30% SB – 21 NB – 13
Collier Blvd 32.3 Golden Gate Main Canal to
Magnolia Pond Dr 30% SB – 21 NB – 13
Magnolia Pond Dr (1) N/A Project to Collier Blvd 100% WB – 71 EB – 44
Collier Blvd 32.3 Magnolia Pond Dr to I-75 70% NB – 50 SB – 31
Collier Blvd 33.0 I-75 to Davis Boulevard 50% NB – 36 SB – 22
Collier Blvd 34.0 Davis Blvd to Rattlesnake
Hammock Rd 20% NB – 14 SB – 9
Davis Blvd 16.2 West of Collier Boulevard 30% EB – 21 WB – 13
Golden Gate Pkwy 22.0 West of Collier Boulevard 15% EB – 11 WB – 7
Notes: 1) Not a Collier County monitored roadway.
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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Figure 2 – Magnolia Pond PUDA – Trip Distribution by Percentage and by PM Peak Hour
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Background Traffic
The existing traffic conditions are extracted from the 2024 Annual Update and Inventory Report (AUIR).
Average background traffic growth rates were estimated for the segments of the roadway network in the
study area using the Collier County Traffic Impact Study Guidelines and Procedures recommendation of a
minimum 2% growth rate, or the historical growth rate evaluated based on the annual peak hour, peak
direction traffic volume (estimated from 2008 through 2024 as illustrated in AUIR), whichever is greater.
Another way to derive the background traffic is to use the 2024 AUIR volume plus the trip bank volume.
Table 4, Background Traffic without Project, illustrates the application of projected growth rates to
generate the projected background (without project) peak hour peak direction traffic volume for the
future horizon year 2030.
Table 4
Background Traffic without Project (2024 - 2030)
Roadway
Link
CC
AUIR
Link
ID #
Roadway Link
Location
2024 AUIR
Pk Hr, Pk
Dir
Background
Traffic
Volume
(trips/hr)
Traffic
Annual
Growth
Rate
(%/yr) (1)
Growth
Factor
2030 Pk Hr, Peak
Dir Background
Traffic Volume
w/out Project
(trips/hr)
Growth Factor (2)
Trip
Bank
2030 Pk Hr,
Peak Dir
Background
Traffic Volume
w/out Project
(trips/hr) Trip
Bank (3)
Collier Blvd 32.1
Green Blvd to
Golden Gate
Parkway
1,570 2.00% 1.1262 1,768 41 1,611
Collier Blvd 32.2
Golden Gate Pkwy
to Golden Gate
Main Canal
1,920 2.07% 1.1308 2,171 58 1,978
Collier Blvd 32.3 Golden Gate Main
Canal to I-75 1,920 2.07% 1.1308 2,171 210 2,130
Collier Blvd 33.0 I-75 to Davis
Boulevard 3,260 2.00% 1.1262 3,671 181 3,441
Collier Blvd 34.0
Davis Blvd to
Rattlesnake
Hammock Rd
2,500 2.00% 1.1262 2,816 749 3,249
Davis Blvd 16.2 West of Collier
Boulevard 1,240 2.00% 1.1262 1,396 215 1,455
Golden Gate
Pkwy 22.0 West of Collier
Boulevard 1,650 2.00% 1.1262 1,858 6 1,656
Note(s): 1) Annual Growth Rate – estimated for 2008-2024 peak hour, peak direction traffic volumes, or 2% minimum.
2) Growth Factor = (1 + Annual Growth Rate)6. 2030 Projected Volume = 2024 AUIR Volume x Growth Factor.
3) 2030 Projected Volume = 2024 AUIR Volume + Trip Bank.
The projected 2030 Peak Hour – Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which
is underlined and bold as applicable.
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Magnolia Pond – PUDA – Traffic Impact Statement – March 2025
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Existing and Future Roadway Network
The existing roadway conditions are extracted from the 2024 AUIR and the project roadway conditions
are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently
under construction or are scheduled to be constructed within the five-year Transportation Improvement
Plan (TIP) or Capital Improvement Program (CIP) are considered to be committed improvements.
Collier Boulevard, from the Golden Gate Canal to Green Boulevard, has a committed improvement as
shown in the Collier County 5-year Work Program for widening to a six-lane, divided roadway. For this
analysis, the roadway improvements are considered complete and the roadway LOS characteristics for
the improved segment are consistent with AUIR link #31.2, Collier Boulevard from Green Boulevard to
Pine Ridge Road.
The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway
Conditions.
Table 5
Existing and Future Roadway Conditions
Roadway Link
CC
AUIR
Link
ID #
Roadway Link
Location
2024
Roadway
Conditions
2024
Standard
LOS
2024 Peak
Dir, Peak Hr
Capacity
Volume
2030
Roadway
Conditions
2030
Standard
LOS
2030 Peak
Dir, Peak Hr
Capacity
Volume
Collier Blvd (1) 32.1
Green Blvd to
Golden Gate
Parkway
4D D 2,300 6D E 3,000
Collier Blvd (1) 32.2
Golden Gate
Pkwy to Golden
Gate Main Canal
4D D 2,300 6D E 3,000
Collier Blvd 32.3 Golden Gate Main
Canal to I-75 8D E 3,600 8D E 3,600
Collier Blvd 33.0 I-75 to Davis
Boulevard 8D E 3,600 8D E 3,600
Collier Blvd 34.0
Davis Blvd to
Rattlesnake
Hammock Rd
6D E 3,000 6D E 3,000
Davis Blvd 16.2 West of Collier
Boulevard 6D E 3,300 6D E 3,300
Golden Gate
Pkwy 22.0 West of Collier
Boulevard 4D D 1,980 4D D 1,980
Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service.
1) Future 2030 roadway characteristics are based on the completion of the proposed committed improvements to Collier
Boulevard and are consistent with AUIR link #31.2, Collier Boulevard from Green Boulevard to Pine Ridge Road.
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Project Impacts to Area Roadway Network Link Analysis
The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the
roadway links impacted by the project, which are evaluated to determine the project impacts to the area
roadway network in the future horizon year 2030.
In agreement with Collier County Land Development Code (LDC) requirements (LDC Section 6.02.02), a
development is considered to have a significant and adverse impact if both the percentage volume
capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent
to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected
to operate below the adopted LOS standard.
Table 6, Roadway Link Level of Service, illustrates the LOS impacts of the project on the studied roadway
network. The project’s impacts were not significant on any of the analyzed roadway segments.
Based on the data contained within the 2024 AUIR, the Collier Boulevard link from I-75 to Davis Boulevard
(AUIR Link ID #33.0) and the Collier Boulevard link from Davis Boulevard to Rattlesnake Hammock Road
(AUIR Link ID #34.0) are shown to operate with a LOS deficiency in 2030, under background conditions.
None of the other analyzed links are projected to operate below the adopted LOS standard with or without
the project at year 2030 future conditions.
Table 6
Roadway Link Level of Service (LOS) – With Project in the Year 2030
Roadway
Link
CC
AUIR
Link ID
#
Roadway Link Location
2030 Peak
Hr, Peak
Dir
Capacity
Volume
Roadway
Link, Peak Hr,
Peak Dir
(Project Vol
Added) (1)
2030 Peak
Hr, Peak Dir
Volume
w/Project (2)
% Volume
Capacity
Impact by
Project
Min LOS
exceeded
without
Project?
Yes/No
Min LOS
exceeded
with
Project?
Yes/No
Collier
Blvd 32.1 Green Blvd to Golden
Gate Parkway 3,000 NB – 7 1,775 0.2% No No
Collier
Blvd 32.2 Golden Gate Pkwy to
Golden Gate Main Canal 3,000 NB – 13 2,184 0.4% No No
Collier
Blvd 32.3 Golden Gate Main Canal
to Magnolia Pond Dr 3,600 NB – 13 2,184 0.4% No No
Collier
Blvd 32.3 Magnolia Pond Dr to
I-75 3,600 NB – 50 2,221 1.4% No No
Collier
Blvd 33.0 I-75 to Davis Boulevard 3,600 NB – 36 3,707 1.0% Yes Yes
Collier
Blvd 34.0 Davis Blvd to Rattlesnake
Hammock Rd 3,000 NB – 14 3,263 0.5% Yes Yes
Davis Blvd 16.2 West of Collier Boulevard 3,300 WB – 13 1,468 0.4% No No
Golden
Gate
Pkwy
22.0 West of Collier Boulevard 1,980 EB – 11 1,869 0.6% No No
Note(s): 1) Refer to Table 3 from this report.
2) 2030 Projected Volume = 2030 background (refer to Table 4) + Project Volume added.
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As illustrated in Collier County LDC Chapter 6.02.02 – M. 2, once traffic from a development has been
shown to be less than significant on any segment using Collier County TIS significance criterion, the
development’s impacts are not required to be analyzed further on any additional segments.
In agreement with the Collier County Growth Management Plan – Transportation Element – Policy 5.2,
project traffic that is 1% or less of the adopted peak hour service volume represents a de minimis impact.
As illustrated in Table 6, the projected traffic impact is de minimis for all analyzed segments except the
Collier Boulevard segment from Magnolia Pond Drive to I-75.
The analyzed roadway segments are not located within the Collier County’s Transportation Concurrency
Exception Area (TCEA). However, the proposed development is situated within the County’s designated
East Central Transportation Concurrency Management Area (TCMA). The TCEA’s and TCMA’s designations
are provided in Policy 5.4 and 5.6 of the Transportation Element – Collier County Growth Management
Plan (GMP).
The East Central TCMA is illustrated in the latest adopted Collier County Growth Management Plan (GMP)
Transportation Element Map TR-6 as depicted in Appendix D: Transportation Element Map TR-6.
As illustrated in the Policy 5.8, transportation congestion mitigation may be required when the proposed
development will impact either a constrained roadway link and/or a deficient roadway link within a TCMA
as determined in the most current AUIR, by more than a de minimis amount (more than 1% of the
maximum service volume at the adopted LOS), yet continue to maintain the established percentage of
lane miles indicated in Policy 5.7 of the GMP Transportation Element.
In agreement with Policy 5.7 of the Transportation Element, the TCMA concurrency is measured on a
system-wide basis such that each TCMA shall maintain 85% of its lane miles at or above the LOS standards.
Based on the information contained in the County’s 2024 AUIR, the East Central TCMA percent lane miles
meeting standard is 86.3%. Refer to Appendix E: 2024 AUIR TCMA Report – East Central TCMA.
Policy 5.1 of the Collier County Transportation Element of the Growth Management Plan (GMP) states
that the County Commission shall review all rezone petitions, SRA designation applications, conditional
use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall
countywide density or intensity of permissible development, with consideration of their impact on the
overall County transportation system, and shall not approve any petition or application that would directly
access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway
segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to operate below
an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating
stipulations are also approved.
In agreement with Policy 5.6 of the Transportation Element, development located in a TCMA may be
exempt from transportation concurrency requirements, so long as impacts to the transportation system
are mitigated using procedures established in Policy 5.5.
In summary, our findings are as follows: The Collier Boulevard links from I-75 to Rattlesnake Hammock
Road are deficient roadway links; and that the East Central TCMA contains sufficient capacity so that the
minimum 85% capacity threshold is maintained. The project’s impact on the deficient roadway links is de
minimis.
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Site Access Turn Lane Analysis
The project proposes one full movement access onto Magnolia Pond Drive from the north parcel, one full
movement access and one right-out only access onto Magnolia Pond Drive from the south parcel. The
project full movement driveways are proposed to be directly opposite of each other. For more details
refer to Appendix A: PUD Master Plan.
The project access is evaluated for turn lane warrants based on the Collier County Construction Standards
Handbook: (a) two-lane roadways – 40vph for right-turn lane/20vph for left-turn lane; (b) multi-lane
divided roadways – right-turn lanes shall always be provided; and (c) when new median openings are
permitted, they shall always include left-turn lanes.
The assignment of the project turning movement percentage and AM and PM peak hour trips anticipated
at the subject driveways is depicted in Appendix F: Project Turning Movement Exhibits.
Magnolia Pond Drive is a 2-lane undivided local roadway under Collier County jurisdiction and has a
posted legal speed of 30 mph and an assumed design speed of 35 mph in the vicinity of the project. The
roadway is a curb and gutter design at this location. Based on 2024 FDOT Design Manual (FDM) Exhibit
212-1, for a design speed of 35 mph, the minimum turn lane length is 145 feet (which includes a 50 foot
taper) plus required queue.
This roadway has an Access Management Classification of 7, which is considered for a local roadway. A
review of Collier County Access Management minimum standards on a Class 7 roadway specifies a
minimum connection spacing of 125 feet.
The proposed driveways are approximately 530 feet from a school recreational field driveway directly
west of the project. Additionally, the proposed driveway is approximately 960 feet from a residential
driveway directly east of the project. As such, the project’s driveways are in general conformance with
applicable Collier County corner clearance criteria.
Magnolia Pond Drive – North Parcel Project Access
The proposed project is expected to accommodate 24 vph and 81 vph westbound right-turning
movements during AM and PM peak hour, respectively. As such, the project warrants a dedicated right-
turn lane based on the County volume criteria.
Magnolia Pond Drive – South Parcel Project Access
The proposed project is expected to accommodate 28 vph and 72 vph westbound left-turning movements
during AM and PM peak hour, respectively. As such, the project warrants a dedicated left-turn lane based
on the County volume criteria.
A detailed evaluation of applicable access points – turn lane requirements will be performed at the time
of site development permitting/platting when more specific development parameters will be made
available.
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Improvement Analysis
The concurrency analysis determined that the proposed project is not a significant and adverse traffic
generator for the roadway network at this location. None of the analyzed links directly accessed or
adjacent to the link directly accessed by the project are projected to exceed the adopted LOS standard
with or without the project at 2030 future buildout conditions.
The Collier Boulevard segments from I-75 to Rattlesnake Hammock Road exceed the adopted level of
service under future background traffic conditions. These segments are located within the established
East Central TCMA which contains sufficient capacity so that the minimum 85% capacity threshold is
maintained. The project impact on the deficient roadway links is de minimis.
The project proposes two full movement connections onto Magnolia Pond Drive. A detailed evaluation
of applicable access points will be performed at the time of a Site Development Plan or Development
Order application to determine turn lane requirements, as more accurate parameters become available.
The maximum total daily trip generation for the PUDA project shall not exceed 246 two-way PM peak
hour net trips based on the land use codes in the ITE Trip Generation Manual in effect at the time of
application for SDP/SDPA or subdivision plat approval.
Mitigation of Impact
The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are
issued for the project.
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Appendix A:
PUD Master Plan
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Appendix B:
Initial Meeting Checklist (Methodology Meeting)
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Appendix C:
ITE Trip Generation Calculations
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Appendix D:
Transportation Element Map TR-6
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Appendix E:
2024 AUIR TCMA Report – East Central TCMA
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Appendix F:
Project Turning Movement Exhibits
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MAGNOLIA POND
Environmental Data for PUDA
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
Prepared For:
Prepared By:
December 2024
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
Earth Tech Environmental, LLC
10600 Jolea Avenue
Bonita Springs, FL 34135
239.304.0030
www.eteflorida.com
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INTRODUCTION
The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for
a Planned Unit Development Amendment (PUDA) for the parcel referred to as Magnolia Pond (Subject
Property). This information is in response to the items in the PUDA Pre-Application Notes provided by
Collier County.
PROPERTY LOCATION
The Subject Property for this report consists of four (4) adjoining parcels (Folio # 00297720009,
00297600006, 00297840002, 00297240000) north of Magnolia Pond Drive and six (6) adjoining parcels
(Folio # 00297880004, 00298000003, 00296800001, 00296721009, 00296760002, 00297280002) south
of Magnolia Pond Drive. The Subject Property is located immediately east of Golden Gate High School;
just north of I-75 and approximately 0.50 miles west of Collier Boulevard, in Collier County, Florida (see
Figures 1 & 2). According to the property boundaries obtained from Collier County Property Appraiser’s
GIS data, the combined Subject Property totals approximately 47.05 acres. See Appendix A for full size
exhibits.
ENVIRONMENTAL DATA CHECKLIST
See page 3.A.1. of Collier County Pre-App Notes
1. Please provide Environmental Data: Please provide a FLUCFCS aerial map of the subject property,
please include the invasive exotic plant percentage amounts and indicate which FLUCFS are being
considered Native Vegetation. Identify on a current aerial the acreage, location, and community types
of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and
Forms Classification System (FLUCFCS) and provide a legend for each of the FLUCFCS Codes identified.
Aerials and overlay information must be legible at the scale provided. Provide calculations for the
acreage of native vegetation required to be retained on-site. In a separate report, demonstrate how
the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this
report an aerial showing the project boundaries along with any undeveloped land, preserves, natural
flowways or other natural land features, located on abutting properties. Please provide wetland
functionality scores WRAP or UMAM if they have been created and or reviewed by the DEP of SFWMD.
See Appendix A for FLUCCS Map.
2. Please provide a current Listed Species Survey, which should include listed plants for the subject
property. Provide supporting exhibits (i.e. Panth zones etc.) be sure to include Black Bear and Florida
Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagles and for
listed species know to inhabit biological communities similar to those existing on site. The survey shall
be conducted in accordance with the guidelines or recommendation of the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Gopher tortoise
have been observed onsite please address with the environmental data submittal.
See Appendix B for Protected Species Survey, Appendix C for Florida Bonneted Bay Tree Cavity Survey,
and Appendix D for Gopher Tortoise Survey Results. No listed species and/or signs of listed species
were observed on the Subject Property with the exception of potentially occupied gopher tortoise
burrows (see Appendix D). Prior to any earth work activities an FWC relocation permit will be obtained,
and any captured gopher tortoises will be relocated to an FWC approved offsite recipient site.
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3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained,
the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation
located within utility and drainage easements from the preserve calculations (LCD 3.05.07.B-D;
3.05.07.F; 3.05.07.H.1.d-e). (25% of native vegetation is required for preservation.).
Based on FLUCCS Map in Appendix A:
Total acres = 47.05 acres
Existing Native Vegetation Present (based on FLUCCS) = 38.54 acres
Preserve Required = 38.54 acres x 25% = 9.64 acres
Proposed Preserve Provided = 9.64 acres
The proposed preserve is 9.64 acres, which reaches the required amount based on the criteria pursuant
to 3.05.07.
4. Please address how the proposed project is consistent with Conservation Coastal Management
Element (CCME) Policy 6.1 and Objective 7.1.
Not applicable.
5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts
to listed species as required in the CCME. (The preservation Requirement is 25% of native vegetation).
The proposed preserve is 9.64 acres, which reaches the reaches the required amount based on the
criteria pursuant to 3.05.07.
6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are
proposed as mitigation for impacts to listed species. (If found onsite).
No listed species and/or signs of listed species were observed on the Subject Property with the
exception of potentially occupied gopher tortoise burrows (see Appendix D). Prior to any earth work
activities an FWC relocation permit will be obtained, and any captured gopher tortoises will be
relocated to an FWC approved offsite recipient site.
ENVIRONMENTAL CHECKLIST- PUDZ-PUDA (NON-RFMU)
See page 3.A.3-3.A.4 of Collier County Pre-App Notes
1. Is the project in compliance with the overlays, districts and/or zoning on the subject site and/or the
surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV
Library
Yes.
2. Submit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is
vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic
vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay – P627
See Appendix A for Aerial Map and FLUCCS Map.
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3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC
3.05.07.H.1). Preserve Label- P546
See Master Plan.
4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained,
the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation
located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D;
3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation – P547
Based on FLUCCS Map in Appendix A:
Total acres = 47.05 acres
Existing Native Vegetation Present (based on FLUCCS) = 38.54 acres
Preserve Required = 38.54 acres x 25% = 9.64 acres
Proposed Preserve Provided = 9.64 acres
The proposed preserve is 9.64 acres, which reaches the required amount based on the criteria pursuant
to 3.05.07.
5. Created and retained preserve areas shall meet the minimum width requirements per LDC
3.05.07.H.1.b. Preserve Width – P603
See Master Plan. The proposed preserve is a minimum of 20’ wide as required by the LDC.
6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include
all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and
to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4). Preserve Selection –
P550
The Subject Property is bordered by roads/canals and development on all sides. The proposed preserve
area will provide connectivity to the adjoining preserve to the east of the Subject Property.
7. Principle structures shall be located a minimum of 25’ from the boundary of the preserve boundary.
No accessory structures and other site alterations, fill placement, grading, plant alteration or removal,
or similar activity shall be permitted within 10’ of the boundary unless it can be shown that it will not
affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -
sections for each preserve boundary identifying all site alterations within 25’. (LDC 3.05.07.H.3;
6.01.02.C.) Preserve Setback - New
Appropriate buffers have been acknowledged. See Master Plan.
8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC
10.02.02.A.2.f) Listed Species – P522
See Appendix B, C, and D for Wildlife Surveys.
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9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs,
off-site preserves, seasonal and historic high-water levels, and analysis of water quality. For land
previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports
identifying any site contamination. (LDC 3.08.00) Environmental Data Required – P522
Earth Tech Environmental Staff Qualifications can be found in Appendix E.
10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC
10.02.13.A.2) Master Plan Contents-P626
See Master Plan.
11. If the PUD includes a Preserve Tract section
When listing preserve uses, the following is suggested:
A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC
- see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section
related to Allowable uses within County required preserves"
Acknowledged.
12. PUD Document shall identify any listed species found on site and/or describe any unique
vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628
Example: A management plan for the entire project shall be submitted in accordance with the
requirements and procedures of the LDC for listed species including but not limited to Black Bear,
Gopher Tortoise and listed birds. The management plan shall be submitted prior to development
of the first phase of the project.
The Subject Property is largely isolated and surrounded by development, minimizing the chances of
utilization by listed species. No listed species and/or signs of listed species were observed on the
Subject Property with the exception of potentially occupied gopher tortoise burrows (see Appendix D).
Prior to any earth work activities an FWC relocation permit will be obtained, and any captured gopher
tortoises will be relocated to an FWC approved offsite recipient site.
13. Review cross-sections if provided; they are not required with the PUD. However, sometimes they
are provided. Is there any fill proposed in the preserve?
Cross sections will be provided in future applications as part of engineering submittals.
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APPENDIX A
Full Size Exhibits
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APPENDIX B
Protected Species Survey
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Magnolia Pond
Protected Species Survey
NAPLES, FLORIDA 34116
SECTION 34, TOWNSHIP 49, RANGE 26
Prepared For:
Collier County
3299 Tamiami Trail E
Naples, FL 34112
Prepared By:
Earth Tech Environmental, LLC
10600 Jolea Avenue
Bonita Springs, FL 34135
239.304.0030
www.eteflorida.com
October 2024
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Protected Species Survey
TABLE OF CONTENTS
1.0
2.0
3.0
4.0
5.0
6.0
INTRODUCTION ..................................................................................................................................... 3
PROJECT LOCATION ............................................................................................................................... 3
SPECIES SURVEY METHODS & MATERIALS ............................................................................................ 3
EXISTING SITE CONDITIONS .................................................................................................................. 4
RESULTS ................................................................................................................................................. 6
REFERENCES .......................................................................................................................................... 9
APPENDICIES
Appendix A
Full Sized Exhibits
Earth Tech Environmental, LLC
www.eteflorida.com
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Protected Species Survey
1.0 INTRODUCTION
Earth Tech Environmental (ETE) conducted a search for listed species on the property referred to as
Magnolia Pond (Subject Property) prior to development. The field assessment occurred on October 17,
2024, to evaluate the Subject Property for the potential presence of listed species of concern based on the
Florida Land Use Cover and Forms Classification System (FLUCCS) and existing site conditions.
2.0 PROJECT LOCATION
The Subject Property for this report consists of four (4) adjoining parcels (Folio # 00297720009,
00297600006, 00297840002, 00297240000) north of Magnolia Pond Drive and six (6) adjoining parcels
(Folio # 00297880004, 00298000003, 00296800001, 00296721009, 00296760002, 00297280002) south of
Magnolia Pond Drive. The Subject Property is located immediately east of Golden Gate High School; just
north of I-75 and approximately 0.50 miles west of Collier Boulevard, in Collier County, Florida (see Figures
1 & 2). According to the property boundaries obtained from Collier County Property Appraiser’s GIS data,
the combined Subject Property totals approximately 47.05 acres. See Appendix A for a location map.
3.0 SPECIES SURVEY METHODS & MATERIALS
The species survey was conducted using a methodology similar to that discussed in the Florida Fish &
Wildlife Conservation Commission (FWC) publication “Ecology and Habitat Protection Needs of Gopher
Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in
Florida.” Existing vegetation communities or land-uses on the Subject Property are delineated on a recent
aerial photograph (Collier County 2024) using the Florida Land Use, Cover and Forms Classification System
(FLUCCS). FLUCCS mapping for this property is detailed below in Figures 3 & 4. The resulting FLUCCS codes
were cross-referenced with a list of protected plant and animal species. The lists were obtained from two
agency publications:
“Florida’s Endangered Species, Threatened Species & Species of Special Concern-Official
Lists,” December 2022.
“Notes on Florida’s Endangered and Threatened Plants,” Florida Department of Agriculture
and Consumer Services, 2010.
In the field, each FLUCCS community is searched for listed species or signs of listed species. This is
accomplished using a series of meandering pedestrian transects spaced approximately 25-feet apart to
achieve approximately 80% overall coverage, throughout each vegetation community (see Figure 5). If
necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all
species are recorded, and any associated burrows, dens, or cavities are flagged in the field and marked by
GPS using a Trimble 7X unit.
Based on the habitat types found on the Subject Property, particular attention was paid to the presence or
absence of listed species such as Big Cypress fox squirrel, gopher tortoise, and Florida bonneted bat
(cavities). Approximately four (22) man-hours were logged on the Subject Property during this species
survey (see Table 1).
Earth Tech Environmental, LLC www.eteflorida.com
TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY
DATE
START
END
NO.
MAN
TASK TIME TIME ECOLOGISTS HOURS
October 17, 2024
8:30 am
3:00 pm
4
22 Species Survey Fieldwork
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Protected Species Survey
4.0 EXISTING SITE CONDITIONS
The Subject Property is vacant and vegetated. The majority of the interior consists of pine uplands with
palmetto prairies scattered throughout. Exotic vegetation coverage varies from low to high. The eastern
boundary of the southern parcel has been disturbed, consisting of a spoil berm. A drainage canal
easement runs along the eastern boundary of both the north and south parcels. Magnolia Pond Drive runs
east-west through the northern and southern portions of the Subject Property. See Appendix A for a site
vicinity map.
The Subject Property has the following surrounding land uses:
Table 2 lists the FLUCCS communities located on the Subject Property. The community descriptions
correspond to the FLUCCS map attached in Appendix A. See Florida Land Use, Cover and Forms
Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section,
1999) for definitions.
The Florida Invasive Species Council’s (FISC) list of invasive species contains Category I and Category II
species that may be found on the Subject Property. Category I species are invasive exotics that are altering
native plant communities by displacing native species, changing community structures or ecological
functions, or hybridizing with natives. Category II species are invasive exotics that are increasing in
abundance or frequency but have not yet altered Florida plant communities. A significant factor in
mapping vegetative associations and local habitats is the invasion of these species such as melaleuca,
earleaf acacia, Brazilian pepper, Australian pine, and caesarweed Levels of exotic density were mapped by
using field observations and photo interpretation as shown in Figure 3. Modifiers, or “E” designators, are
appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub-
canopy.
Earth Tech Environmental, LLC www.eteflorida.com
North: Golden Gate High School/Canal/Residential
East: FPL Easement/Vacant/Residential
South: I-75/Residential
West: Golden Gate High School/Residential
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E1 = Exotics <25% of total cover
E2 = Exotics 26-50% of total cover
E3 = Exotics 51-75% of total cover
E4 = Exotics >75% of total cover
FLUCCS DESCRIPTIONS
* = exotic species
FLUCCS 321-E1, Palmetto Prairie (<25% Exotics)
This community is found as isolated “islands” scattered throughout both the north and south parcels.
Canopy and mid-story are virtually absent. Groundcover is dominated by saw palmetto (Serenoa repens)
with lesser amounts of Gallberry (Ilex coriacea), Myrsine (Myrsine cubana), rusty lyonia (Lyonia
ferruginea), brackenfern (Pteridium aquilinum), *Brazilian pepper (Schinus terebinthifolia), and grapevine
(Vitis rotundifolia).
FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics)
This community is found throughout the majority of the northern parcel. Canopy and mid-story consist of
slash pine (Pinus elliottii), cabbage palm (Sabal palmetto) and a moderate amount of *earleaf acacia
(Acacia auriculiformis) recruitment with lesser amounts of myrsine (Myrsine cubana), *Brazilian pepper,
and *West Indian elm (Guazuma ulmifolia). Groundcover consists of saw palmetto, winged sumac and
grapevine.
FLUCCS 411-E3, Pine Flatwoods (51-75% Exotics)
This community is found throughout the majority of the eastern half of the southern parcel and a small
strip in the northern parcel. Canopy consists of slash pine, *earleaf acacia (Acacia auriculiformis) and
minimal cabbage palm. Mid-story consists of *earleaf acacia and sparse *West Indian elm and *Brazilian
pepper. Groundcover is somewhat sparse consisting of a moderate amount of *earleaf acacia
recruitment, beautyberry (Callicarpa americana), saw palmetto, brackenfern, *air potato (Dioscorea
bulbifera), and grapevine.
FLUCCS 411-E4, Pine Flatwoods (>75% Exotics)
This community is found along the eastern and southern boundaries of the northern parcel. It contains
similar species to the 411-E2 community listed above, though with far more exotic vegetation, primarily
*earleaf acacia and *Brazilian pepper.
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TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES
FLUCCS CODE
DESCRIPTION
ACREAGE
321-E1
Palmetto Prairie (<25% Exotics)
4.09
411-E2
Pine Flatwoods (26-50% Exotics)
10.04
411-E3
Pine Flatwoods (51-75% Exotics)
15.34
411-E4
Pine Flatwoods (>75% Exotics)
1.45
422-E4
Brazilian Pepper (>75% Exotics)
4.24
425-E3
Temperate Hardwoods (51-75% Exotics)
1.18
624D-E2
Cypress-Pine-Cabbage Palm (Drained) (26-50% Exotics)
7.89
740
Disturbed Land
0.23
743
Spoil Area (Berm)
0.66
814
Roadways
1.93
Site Total:
47.05
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FLUCCS 422-E4, Brazilian Pepper (>75% Exotics)
This community is found in the northern portion of the north parcel. It consists almost entirely of dense
*Brazilian pepper.
FLUCCS 425-E3, Temperate Hardwoods (51-75% Exotics)
This community is found near the northwestern corner of the northern parcel. Canopy consists primarily
of live oak (Quercus virginiana) and slash pine with lesser amounts of *earleaf acacia, *brazillian pepper,
*Java plum (Syzygium cumini) and cabbage palm. Mid-story contains sparse cabbage palm and
*carrotwood (Cupaniopsis anacardioides). Groundcover consists of brackenfern, beautyberry, sparse saw
palmetto, and abundant vines including grapevine, *air potato and greenbrier.
FLUCCS 624D-E3, Cypress-Pine-Cabbage Palm (Drained) (51-75% Exotics)
This community is found in the western portion of the southern parcel. Canopy consists of slash pine,
*earleaf acacia, scattered cabbage palm, and sparse, scattered bald cypress (Taxodium distichum). Mid-
story is sparse and consists primarily of *earleaf acacia. Groundcover is also sparse and consists of *earleaf
acacia recruitment, cabbage palm, saw palmetto, beautyberry, brackenfern, and grapevine, with heavy
*earleaf acacia duff throughout. This community has transitioned from a wetland to an upland and the
cypress trees in this area are small and appear to be degrading in health as the area no longer provides the
correct hydrology for them to thrive.
FLUCCS 740, Disturbed Land
This area is found in the northeast portion of the south parcel. It contains visible rock/fill material with
sparse groundcover vegetation including broomsedge (Andropogon virginicus), fingergrass (Eustachys
petraea), primrosewillow (Ludwigia spp.), *shrubby false buttonweed (Spermacoce verticillata), and
turkey tangle fogfruit (Phyla nodiflora).
FLUCCS 743, Spoil Area (Berm)
This area is found along the eastern boundary of the southern parcel. It consists of a linear berm composed
of large rock/fill material.
FLUCCS 814, Roadways
This area is found along the southern boundary of the northern parcel and the norther boundary of the
southern parcel. It consists of Magnolia Pond Road and associated right-of-way.
5.0 RESULTS
All relevant species observed on the Subject Property are detailed in Table 3 and any protected species
observed are specifically noted. See Appendix A below for a transect & Results map.
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Protected Species Survey
Abbreviations
Observations:
C = Cavity
DB = Day Bed
DV = Direct Visual
HV = Heard Vocalization(s)
MT = Marked Tree
Observations:
N = Nest
OH = Observed Hole/Burrow
OT = Observed Tracks
R = Remains
S = Scat
Status:
CE = Commercially Exploited
FE = Federally Endangered
FT = Federally Threatened
SSC = Species of Special Concern
ST = State Threatened
MBTA = Protected under Migratory Bird Treaty Act
The Subject Property does have community types in which additional protected species could be utilized
for foraging purposes. During permitting, the following protected species concerns may be raised by the
agencies:
Big Cypress Fox Squirrel (Sciurus niger avicennia)
The Subject Property falls within the Florida Fish & Wildlife Conservation Commission’s (FWC) known
range of Big Cypress fox squirrel, and also contains suitable foraging/nesting habitat. During the species
survey and various other fieldwork activities, no fox squirrels or potential nests were observed. A pre-
clearing survey will be required prior to construction; should any nests be observed and fall within the
impact area (including a 575-foot protection buffer), an FWC permit will be required before the nest tree
may be impacted
Florida Bonneted Bat (Eumops floridana)
The Subject Property falls within the United States Fish & Wildlife Service’s (USFWS) Florida Bonneted Bat
Consultation Area (see Appendix A). Habitat on the Subject Property is not ideal for bonneted bat roosting
due to the dense understory that mostly consists of exotic species. During the Protected Species Survey
fieldwork, multiple cavities were identified on pine tree snags. No signs of Florida Bonneted Bat utilization
were observed on the Subject Property. A specific purpose cavity survey is scheduled to be conducted.
Wood Stork (Mycteria amaericana)
The Subject Property falls inside the core foraging area (estimated at 18.6 miles) of one (1) known wood
stork colony in Collier County (see Appendix A). Due to the lack of suitable nesting trees on the property,
wood stork nesting is unlikely. Additionally, the Subject Property consists of uplands, which has dense
foliage in both the canopy and midstory which would not constitute as suitable habitat for wood stork
foraging. There are no functioning wetlands on the Subject Property for the wood storks to utilize.
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TABLE 3. SPECIES OBSERVED ON THE SUBJECT PROPERTY
LISTED
COMMON NAME
SCIENTIFIC NAME
OBSERVATIONS SPECIES?
STATUS
BIRDS
Black Vulture
Coragyps atratus
DV
N
MBTA
Blue Jay
Cyanocitta cristata
DV
N
MBTA
Northern Cardinal
Cardinalis cardinalis
DV
N
MBTA
Northern Mockingbird
Mimus polyglottos
DV
N
MBTA
Red-bellied Woodpecker
Melanerpes carolinus
DV
N
MBTA
REPTILES
Gopher Tortoise
Gopherus polyphemus
DV / OH
Y
ST
Brown Anole
Anolis sagrei
DV
N
= listed species
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Bald Eagle (Haliaeetus leucocephalus)
No Florida Fish & Wildlife Conservation Commission (FWC)-documented bald eagle nests have been
documented within 660-feet (USFWS Protection Zone) of the Subject Property and no nests were
observed on the Subject Property (see Appendix A above).
Florida Panther (Felis concolor coryi)
The Subject Property falls outside the USFWS Primary Panther Habitat Zones. Seven (7) panther telemetry
points were located within a two-mile radius of the Subject Property between the years 2022 through 2024.
All telemetry points within the two-mile radius of the Subject Property were from a single panther and
occurred between 2/2/23 – 1/8/24 (see Appendix A). Panther use of the subject property is unlikely due to
surrounding development and traffic on I-75.
Florida Black Bear (Ursus americanus floridanus)
The Subject Property falls within abundant black bear habitat (FWC). Twenty two (22) black bear-related
calls have been documented within a one-mile radius of the Subject Property (see Appendix A). FWC
stopped radio-tracking black bears in 2018. Black bear use of the subject property is unlikely due to
development FWC Best Management Practices (BMPs) will be required to be followed for Florida black
bear.
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6.0 REFERENCES
Ashton, Ray E. and Patricia S. “The Natural History and Management for the Gopher Tortoise.”
Krieger Publishing Company. Malabar, Florida. 2008.
Cox, James; Inkley, Douglas; and Kautz, Randy. “Ecology and Habitat Protection Needs of Gopher
Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-Scale Development in
Florida.” Nongame Wildlife Program Technical Report No. 4. December 1987.
http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl_file/062015-jfwm-
055.s2.pdf?code=ufws-site
Atlas of Florida Plants. Institute for Systematic Botany. Accessed: February 22, 2024.
https://florida.plantatlas.usf.edu/
Collier County Property Appraiser. https://www.collierappraiser.com Accessed: February 22, 2024.
“Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation
Commission. Updated December 2022. http://myfwc.com/imperiledspecies/
https://myfwc.com/media/1945/threatened-endangered-species.pdf
Florida Invasive Species Council. “2019 FISC List of Invasive Plant Species.”
http://www.floridainvasivespecies.org/plantlist.cfm
Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of
Transportation. January 1999.
http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf
http://www.fdot.gov/geospatial/doc_pubs.shtm
Weaver, Richard E. and Anderson, Patti J. “Notes on Florida’s Endangered and Threatened Plants.”
Bureau of Entomology, Nematology and Plant Pathology – Botany Section. Contribution No. 38, 5th
Edition. 2010.
http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf
http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of-
Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants
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Protected Species Survey
APPENDIX A
FULL SIZED EXHIBITS
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APPENDIX C
Bonneted Bat Cavity Survey
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Magnolia Pond Parcels
FLORIDA BONNETED BAT TREE CAVITY SURVEY
COLLIER COUNTY, FLORIDA
Prepared For:
Prepared By:
October 2024
Collier County
3299 Tamiami Trail E
Naples, FL 34112
Earth Tech Environmental, LLC
10600 Jolea Avenue
Bonita Springs, FL 34135
239.304.0030
www.eteflorida.com
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Florida Bonneted Bat Tree Cavity Survey
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TABLE OF CONTENTS
1.0 INTRODUCTION ...................................................................................................................................... 3
2.0 LOCATION ............................................................................................................................................... 3
3.0 EXISTING SITE CONDITIONS ................................................................................................................... 3
4.0 FLORIDA BONNETED BAT (Eumops floridanus) ...................................................................................... 6
5.0 SURVEY MATERIALS & METHODS .......................................................................................................... 6
6.0 RESULTS .................................................................................................................................................. 6
7.0 SUMMARY .............................................................................................................................................. 7
8.0 REFERENCES ........................................................................................................................................... 8
APPENDICES
Appendix A Full Sized Exhibits
Appendix B Tree Cavity Photographs
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1.0 INTRODUCTION
Earth Tech Environmental (ETE) conducted a cavity survey on October 21, 2024 for Florida bonneted bat
(FBB) (Eumops floridanus) on the property referred to as Magnolia Pond Parcels (Subject Property) prior
to development. Tree cavities/potential roost sites were originally identified by ETE during a Protected
Species Survey performed earlier the same month.
2.0 LOCATION
The Subject Property for this report consists of four (4) adjoining parcels (Folio # 00297720009,
00297600006, 00297840002, 00297240000) north of Magnolia Pond Drive and six (6) adjoining
parcels (Folio # 00297880004, 00298000003, 00296800001 , 00296721009, 00296760002,
00297280002) south of Magnolia Pond Drive. The Subject Property is located immediately east of
Golden Gate High School; just north of I-75 and approximately 0.50 miles west of Collier Boulevard,
in Collier County, Florida (see Figures 1 & 2). According to the property boundaries obtained from
Collier County Property Appraiser’s GIS data, the combined Subject Property totals approximately
47.05 acres. See Appendix A for a location map.
3.0 EXISTING SITE CONDITIONS
Temperatures during the fieldwork for this survey were in the low 90’s with partly cloudy skies.
The Subject Property is vacant and forested. The majority of the interior consists of pine uplands with
palmetto prairies scattered throughout. Exotic vegetation coverage varies from low to high. The
eastern boundary of the southern parcel has been disturbed, consisting of a spoil berm. An FPL
easement runs along the eastern boundary of both the north and south parcels. Magnolia Pond
Drive runs east-west through the two parcels. There is no specific access point to either parcel.
See Appendix A above for an aerial map.
The locations of the listed FLUCCS communities can be seen in Appendix A. See Florida Land Use, Cover
and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic
Mapping Section, 1999) for definitions.
The Subject Property has the following surrounding land uses:
North Golden Gate High School/Canal/Residential
East FPL Easement/Vacant/Residential
South I-75/Residential
West Golden Gate High School/Residential
The Florida Invasive Species Council’s (FISC) list of invasive species contains Category I and Category II
species that may be found on the Subject Property. Category I species are invasive exotics that are altering
native plant communities by displacing native species, changing community structures or ecological
functions, or hybridizing with natives (FISC). Category II species are invasive exotics that are increasing in
abundance or frequency but have not yet altered Florida plant communities (FISC). A significant factor in
mapping vegetative associations and local habitats is the invasion of these species such as melaleuca
Earleaf acacia, Brazilian pepper, Australian pine, and Caesarweed. Levels of exotic density were mapped
by using field observations and photo interpretation as shown in Appendix. Modifiers, or “E” designators,
are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or
sub-canopy.
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TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES
FLUCCS CODE DESCRIPTION ACREAGE
321-E1 Palmetto Prairie (<25% Exotics) 4.09
411-E2 Pine Flatwoods (26-50% Exotics) 10.04
411-E3 Pine Flatwoods (51-75% Exotics) 15.34
411-E4 Pine Flatwoods (>75% Exotics) 1.45
422-E4 Brazilian Pepper (>75% Exotics) 4.24
425-E3 Temperate Hardwoods (51-75% Exotics) 1.18
624D-E2 Cypress-Pine-Cabbage Palm (Drained) (26-50% Exotics) 7.89
740 Disturbed Land 0.23
743 Spoil Area (Berm) 0.66
814 Roadways 1.93
Site Total: 47.05
FLUCCS DESCRIPTIONS
* = exotic species
FLUCCS 321-E1, Palmetto Prairie (<25% Exotics)
This community is found as isolated “islands” scattered throughout both the north and south parcels.
Canopy and mid-story are virtually absent. Groundcover is dominated by saw palmetto (Serenoa repens)
with lesser amounts of Gallberry (Ilex coriacea), Myrsine (Myrsine cubana), rusty lyonia (Lyonia
ferruginea), brackenfern (Pteridium aquilinum), *Brazilian pepper (Schinus terebinthifolia), and grapevine
(Vitis rotundifolia).
FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics)
This community is found throughout the majority of the northern parcel. Canopy and mid-story consist of
slash pine (Pinus elliottii), cabbage palm (Sabal palmetto) and a moderate amount of *earleaf acacia
(Acacia auriculiformis) recruitment with lesser amounts of myrsine (Myrsine cubana), *Brazilian pepper,
and *West Indian elm (Guazuma ulmifolia). Groundcover consists of saw palmetto, winged sumac and
grapevine.
FLUCCS 411-E3, Pine Flatwoods (51-75% Exotics)
This community is found throughout the majority of the southern parcel. Canopy consists of slash pine,
*earleaf acacia (Acacia auriculiformis) and minimal cabbage palm. Mid-story consists of *earleaf acacia
and sparse *West Indian elm and *Brazilian pepper. Groundcover is somewhat sparse consisting of a
moderate amount of *earleaf acacia recruitment, beautyberry (Callicarpa americana), saw palmetto,
brackenfern, *air potato (Dioscorea bulbifera), and grapevine.
E1 = <25% Total Exotic Coverage
E2 = 26-50% Total Exotic Coverage
E3 = 51-75% Total Exotic Coverage
E4 = >75% Total Exotic Coverage
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FLUCCS 411-E3, Pine Flatwoods (51-75% Exotics)
This community is found in the northern portion of the north parcel. Canopy consists of *earleaf acacia,
*brazillian pepperand sparse slash pine. Mid-story consists of *West Indian elm, winged sumac, *Brazilian
pepper, and *earleaf acacia. Groundcover consists of a substantial amount of siam weed (Chromolaena
odorata), *Caesarweed, brackenfern, saw palmetto, *air potato (Dioscorea bulbifera), and greenbrier
(Smilax spp.). As well as *brazillian pepper and *earleaf acacia recruitment.
FLUCCS 411-E4, Pine Flatwoods (>75% Exotics)
This community is found along the eastern and southern boundaries of the northern parcel. It contains
similar species to the 411-E2 community listed above, though with far more exotic vegetation, primarily
*earleaf acacia and *Brazilian pepper.
FLUCCS 422-E4, Brazilian Pepper (>75% Exotics)
This community is found in the northern portion of the north parcel. It consists almost entirely of dense
*Brazilian pepper.
FLUCCS 425-E3, Temperate Hardwoods (51-75% Exotics)
This community is found near the northwestern corner of the northern parcel. Canopy consists primarily
of live oak (Quercus virginiana) and slash pine with lesser amounts of *earleaf acacia, *brazillian pepper,
*Java plum (Syzygium cumini) and cabbage palm. Mid-story contains sparse cabbage palm and
*carrotwood (Cupaniopsis anacardioides). Groundcover consists of brackenfern, beautyberry, sparse saw
palmetto, and abundant vines including grapevine, *air potato and greenbrier.
FLUCCS 624D-E3, Cypress-Pine-Cabbage Palm (Drained) (51-75% Exotics)
This community is found in the western portion of the southern parcel. Canopy consists of slash pine,
*earleaf acacia, scattered cabbage palm, and sparse, scattered bald cypress (Taxodium distichum). Mid-
story is sparse and consists primarily of *earleaf acacia. Groundcover is also sparse and consists of *earleaf
acacia recruitment, cabbage palm, saw palmetto, beautyberry, brackenfern, and grapevine, with heavy
*earleaf acacia duff throughout. This community has transitioned from a wetland to an upland and the
cypress trees in this area are small and appear to be degrading in health as the area no longer provides
the correct hydrology for them to thrive.
FLUCCS 740, Disturbed Land
This area is found in the northeast portion of the south parcel. It contains visible rock/fill material with
sparse groundcover vegetation including broomsedge (Andropogon virginicus), fingergrass (Eustachys
petraea), primrosewillow (Ludwigia spp.), *shrubby false buttonweed (Spermacoce verticillata), and
turkey tangle fogfruit (Phyla nodiflora).
FLUCCS 743, Spoil Area (Berm)
This area is found along the eastern boundary of the southern parcel. It consists of a linear berm composed
of large rock/fill material.
FLUCCS 814, Roadways
This area is found along the southern boundary of the northern parcel and the northern boundary of
the southern parcel. It consists of Magnolia Pond Road and associated right-of-way.
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4.0 FLORIDA BONNETED BAT (Eumops floridanus)
The Florida bonneted bat was listed as endangered under the Endangered Species Act of 1973 by the US
Fish & Wildlife Service (USFWS) on November 1, 2013. The project area falls within the United States Fish
and Wildlife Service’s Florida bonneted bat Consultation Area (See Appendix A).
According to the USFWS Florida Bonneted Bat Guidelines (June 2024), the following cavity characteristics
are used to identify potential cavity trees:
• Slash pine, longleaf pine, royal palm, cypress (typically in snags, but can be in live
trees).
• Rounded cavities made by woodpeckers.
• Trees >34 feet in height, snags 28ft or taller, >7.4-inch diameter at breast height
(DBH), with cavity elevation >16 feet.
• Cavity opening ≥1 inch.
5.0 SURVEY MATERIALS & METHODS
During the October 2024 Protected Species Survey, each habitat community was searched for potential
cavities. This was accomplished using a series of transects throughout each vegetation community. If
necessary, transect integrity was maintained using a handheld GPS in track mode.
If any suspected roost sites/cavities were identified, they were initially evaluated for activity by looking
for the presence of guano and noise associated with roost chatter. Each suspected roost location or cavity
was flagged, numbered, and recorded utilizing a Trimble GPS for identification.
During the cavity peeping activities conducted on October 21, 2024 each flagged tree cavity was inspected
using a pole-mounted cavity inspection camera and the contents of each cavity were documented.
Photographic documentation can be found in Appendix A.
If the size of the cavity opening and interior of the cavity permitted, the cavity was inspected first with
the camera pointing down and then with the camera pointing up. The cavity inspection camera measures
approximately 1’’ x 1.25.’’ Cavities that were smaller than the inspection camera were not inspected. The
telescoping inspection pole extends to approximately 40 feet; any cavities higher than 40 feet were not
inspected.
6.0 RESULTS
The following section describes the results of the cavity survey within the project area.
The cavity survey was conducted on October 17, 2024, and the cavity peeping activities occurred on
October 21, 2024. Table 2 describes the results of the cavity inspection. No visual/audible indications
(presence of guano, noise/chatter, etc.) were observed at the cavity trees. A photo log of the cavities is
attached in Appendix A. Thirteen (13) snag trees with a total of sixteen (16) cavities were initially
identified/flagged (see Appendix A below).
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TABLE 2. TREE CAVITY INFORMATION
Tree Cavity
Number
Condition and
Species of Tree
Height of Cavity (Ft) Inspection Status
1 Dead Slash Pine Cavity A: 40ft
Cavity B: 39ft
Cavity C: 35ft
Cavity D: 33ft
Cavity A: Vacant
Cavity B: Vacant
Cavity C: Vacant
Cavity D: Vacant
2 Dead Slash Pine Cavity A: 42ft Cavity A: Too high to peep.
3 Dead Slash Pine No cavities big
enough
Too narrow to peep.
4 Dead Slash Pine No cavities big
enough
Too narrow to peep.
5 Dead Slash Pine Cavity A: 35ft
Cavity B: 30ft
Cavity A: Vacant
Cavity B: Vacant
6 Dead Slash Pine Cavity A: 24ft
Cavity B: 22ft
Cavity C: 19ft
Grey squirrel present on tree
7 Dead Slash Pine No cavities big
enough
Too narrow to peep.
8 Dead Slash Pine No cavities big
enough
Too narrow to peep.
9 Dead Slash Pine Cavity A: 27ft Cavity A: Vacant
10 Dead Slash Pine Cavity A: 32ft Cavity A: Vacant
11 Dead Slash Pine Cavity A: 36ft Cavity A: Vacant
12 Dead Slash Pine Cavity A: 40ft+
Cavity B: 40ft+
Cavity A: Too high to peep.
Cavity B: Too high to peep.
13 Dead Slash Pine Cavity A: 33ft Cavity A: Vacant
7.0 SUMMARY
ETE conducted a search for potential Florida bonneted bat cavities/potential roost sites on the Subject
Property on October 21, 2024. Thirteen (13) snag trees with a total of sixteen (16) cavities were initially
identified during a Protected Species Survey that was conducted on October 17, 2024. The cavities were
inspected in which no apparent signs of Florida bonneted bats or roosting were observed during the cavity
survey. The Subject Property has a dense canopy and midstory with high levels of exotic vegetation.
Considering low-quality roosting habitat, and that the Subject Property is bordered by development and
roadways, consultation with USFWS will likely not be required for Florida bonneted bat.
Page 6467 of 6526
Florida Bonneted Bat Tree Cavity Survey
Earth Tech Environmental, LLC www.eteflorida.com
8.0 REFERENCES
Collier County Property Appraiser. http://www.collierappraiser.com
Florida’s Bonneted Bat Consultation Guidelines. U.S. Fish and Wildlife Service. South Florida Ecological
Services Office. June 2024.
“Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation
Commission. Updated December 2022.
http://myfwc.com/media/1515251/threatened-endangered-species.pdf
http://myfwc.com/imperiledspecies/
Florida Invasive Species Council. “2019 FISC List of Invasive Plant Species.”
http://floridainvasivespecies.org/plantlist.cfm
Florida Fish and Wildlife Conservation Commission. 2011a. Florida bonneted bat biological status review
report. March 31, 2011. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida.
Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of
Transportation. January 1999.
http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf
http://www.fdot.gov/geospatial/doc_pubs.shtm
Florida Natural Areas Inventory. 2012. FNAI - element tracking summary. Tallahassee, Florida. June 20,
2012. http://www.fnai.org/trackinglist.cfm [Accessed: July 10, 2012].
Page 6468 of 6526
Florida Bonneted Bat Tree Cavity Survey
Earth Tech Environmental, LLC www.eteflorida.com
APPENDIX A
FULL SIZED EXHIBITS
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Florida Bonneted Bat Tree Cavity Survey
Earth Tech Environmental, LLC www.eteflorida.com
APPENDIX B
TREE CAVITY PHOTOGRAPHS
Page 6475 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 1
Page 6476 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 1 (A) 40ft
Internal view facing up Internal view facing Down
Tree Cavity 1 (B) 39ft
Internal view facing up Internal view facing Down
Tree Cavity 1 (C) 35ft
Internal view facing up Internal view facing Down
Page 6477 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 1 (D) 33ft
Internal view facing up Internal view facing Down
Page 6478 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 2
Tree cavity too high to peep (40+ ft)
Page 6479 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 5
Page 6480 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 5 (A) 35ft
Internal view facing up Internal view facing Down
Tree Cavity 5 (B) 30ft
Internal view facing up Internal view facing Down
Page 6481 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 6
Page 6482 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 6 (A) 24ft
Internal view facing up Internal view facing Down
Tree Cavity 6 (B) 22ft
Internal view facing up Internal view facing Down
Tree Cavity 6 (C) 19ft
Internal view facing up Internal view facing Down
Page 6483 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 9
Tree Cavity 9 (A) 27ft
Internal view facing up Internal view facing Down
Page 6484 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 10
Tree Cavity 10 (A) 32ft
Internal view facing up Internal view facing Down
Page 6485 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 11
Tree Cavity 11 (A) 36ft
Internal view facing up Internal view facing Down
Page 6486 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 12
Cavities too high to peep (40+ ft)
Page 6487 of 6526
Magnolia Pond Parcels: Tree Cavity Photographs
Tree Cavity 13
Tree Cavity 13 (A) 33ft
Internal view facing up Internal view facing Down
Page 6488 of 6526
Environmental Data for PUDA
Earth Tech Environmental, LLC www.eteflorida.com
APPENDIX D
Gopher Tortoise Survey Results
Page 6489 of 6526
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Environmental Data for PUDA
Earth Tech Environmental, LLC www.eteflorida.com
APPENDIX E
Earth Tech Environmental
Staff Qualifications
Page 6492 of 6526
239.304.0030 |www.eteflorida.com
Mr. Sterk has been an environmental consultant in Southwest Florida since 1994 and has
worked on projects throughout the State of Florida. His varied experience spans marine,
upland, and estuarine habitats and includes extensive work with a wide variety of listed
species.
Relevant Experience
In addition to authoring dozens of habitat and species management plans, in 2007,
Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address
incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on
the same property.
In 1998, he wrote an ecological assessment computer model for the South Florida Water
Management District as part of the South Lee County Watershed Study.
Early in his career, Jeremy was the principal investigator of a field research project in the
Bahamas that utilized telemetry tracking to study the swimming speed of sub-adult lemon
sharks.
Jeremy’s work experience includes:
FWC Approved Shorebird Monitor Environmental Resource Permitting (ERP)
USFWS Bald Eagle Monitor Turbidity Monitoring
Vegetation & Habitat Mapping Wetland & Water Level Monitoring
USFWS Section 7 & Section 10 Permitting Environmental Impact Statements (EIS)
Water Use Monitoring & Compliance Project Management
Preserve Management Plans GIS / GPS Mapping & Exhibits
RCW Surveys & Habitat Evaluations Phase 1 Environmental Site Assessments
Environmental Land Use Planning Phase II Environmental Site Assessments
Native Vegetation Restoration Plans Lake Management Plans
Site and Aerial Photography Due Diligence Reports
Scrub Jay Surveys Wetland Jurisdictional Determinations
Mangrove Assessments & Restorations Bonneted Bat Surveys
Hard Bottom & Soft Bottom Benthic Surveys Seagrass Surveys
Artificial Reef Deployments Manatee Observer
Certifications/Credentials
Certified Environmental Professional #1692037, Academy of Board-Certified
Environmental Professionals
Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise
Agent (Permit No. GTA-09-00192)
Florida Fish and Wildlife Conservation Commission Burrowing Owl Registered Agent
(No. RAG-18-00080)
PADI Research Diver Certified
SSI Nitrox Diver Certified
Florida Association of Environmental Professionals – member since January 1995;
served on the Board of Directors for the Southwest Florida Chapter from (2008 –
2012). Past Secretary, Vice President, & President.
State of Florida Real Estate License (2003 to Present)
Appointed by the Collier County Board of County Commissioners to:
Conservation Collier Land Acquisition Advisory Committee, Chairman of the
Lands Evaluation and Management Subcommittee. (2009 to 2014).
Collier County Development Services Advisory Committee (DSAC) (2015 to
Present).
FWC Local Rule Review Committee (Manatee Protection Speed Zones)
(2016).
Publications
Sundström, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed-sensing transmitter on the
swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22.
JEREMY STERK, CEP
Partner \ Principal
Environmental Consultant
e: jeremys@eteflorida.com
t: 239.304.0030
m: 239.595.4929
Years’ Experience
30 years
Education/Training
B.S. Aquatic Biology
St. Cloud State University
(1994)
Professional Affiliations
Academy of Board-Certified
Environmental Professionals
#16992037
Florida Association of
Environmental Professionals
(FAEP)
Page 6493 of 6526
239.304.0030 | www.eteflorida.com
Mr. McAuley joined Earth Tech Environmental, LLC (ETE) in 2017 and brings with him 8
years of experience working as a Hydrogeologist II and Environmental Consultant in New
York State prior to moving to Florida. Andrew graduated from Hofstra University with a
Bachelor of Science Degree in Geology. Since joining ETE he has been able to apply his
past experience from New York on a variety of projects as well as become extensively
familiar with Ecological based assessments and agency regulations.
Relevant Experience
Andrew’s extensive background includes Phase I Environmental Site Assessments (ESAs),
Phase II ESAs, Phase III remedial oversight, AST/UST removal, Soil/Groundwater/Indoor
Air Quality sampling reporting, Mold/Lead/Asbestos sampling and remedial protocol
reporting. In New York Andrew has overseen various projects including Brownfields
sites, Landfill Gas Extraction System installation, Monitoring Well/Remediation System
Installation/Maintenance, and multiple Chemical/Petroleum/Bio-Hazard Waste Cleanup
projects.
Since joining ETE Andrew has expanded his experience into Ecological Assessments such
as Protected Species Surveys, Wetland Determinations, Vegetation/Hydrology
Monitoring, Submerged Resource Surveys, and Environmental Resource Permitting.
Andrew’s work experience includes:
Phase I ESAs Project Management/Coordination
Phase II ESA Sampling/Reporting Wetland Jurisdictional Determinations
Phase III Remedial Oversight/Reporting Wetland Mapping/Flagging
Chemical/Petroleum/Bio-Hazard Cleanup Vegetation Monitoring
Monitoring Well Installation/Maintenance Protected Species Surveys
Air-Sparge/Soil Vapor Extraction Systems Bonneted Bat Surveys
Groundwater Assessments Gopher Tortoise Surveys
Indoor Air Quality Assessments GIS Mapping
Contaminated Soil Assessments Bald Eagle Monitoring
Waste Classification Management Ecological Assessments
Turbidity Monitoring Environmental Resource Permitting
Mold/Lead/Asbestos Assessments Exotic Plant Treatment/Removal
AST/UST Removal Submerged Resource Surveys
Mangrove Monitoring Seagrass Surveys
Relevant Certifications/Credentials
SDI Open Water SCUBA Diver, SCUBAdventures, 2018
Nitrox Certified Diver, SCUBAdventures, 2018
Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent
(Permit No: GTA-19-00093)
ANDREW MCAULEY
Senior Environmental
Consultant
e: andrewm@eteflorida.com
t: 239.304.0030
m: 516.647.9699
Years’ Experience
16 years
Education/Training
B.S. Geology Hofstra University (2006)
Lamont-Doherty Earth Observatory Intern Columbia University (2004)
Professional Affiliations
Florida Association of Environmental Professionals (FAEP)
Page 6494 of 6526
239.304.0030 | www.eteflorida.com
Mrs. Miller joined Earth Tech Environmental LLC (ETE) in May 2024 and holds the position
of Environmental Consultant. She graduated from Florida Gulf Coast University with a
Bachelor of Science degree in Marine Science with a Minor in Geology.
Relevant Experience
Jessica is familiar with southwest Florida ecosystems including both terrestrial and marine
environments. Before ETE, Jessica has done work throughout southwest Florida. She
worked with Florida Fish and Wildlife performing marine research including fisheries
surveys, sawfish research, offshore benthic monitoring, and water quality sampling. She
has also worked with the City of Cape Coral as an Environmental Scientist collecting water
quality samples, Blue green algae identification, oyster recruitment research in the
Caloosahatchee River, gopher tortoise and burrowing owl surveys, exotic species
removal, and was a member of the SCUBA Dive team that installed submerged bubble
curtains and other underwater maintenance. She also worked at Johnson Engineering
where she managed water use permits and performed water quality analysis.
Jessica was hired at ETE as an Environmental Consultant, where she has gained valuable
experience in a multitude of fields in both terrestrial and marine ecosystems, which
includes protected species surveys, ecological assessments, wetland determinations and
delineations, vegetation monitoring, environmental resource permitting, submerged
resource surveys, and turbidity monitoring.
Jessica’s work experience includes:
Protected Species Surveys Shorebird Monitoring
Artificial Reef Fish Monitoring Submerged Resource Surveys
Seagrass Surveys Wetland Determinations
Mangrove Monitoring Native Tree Surveys / Inventories
Seagrass Monitoring Exotic Species removal / euthanasia
Preserve Monitoring Turbidity Monitoring
Gopher Tortoise Surveys
GIS / GPS Mapping and Exhibits
Vegetation & Habitat Monitoring
Relevant Certifications/Credentials
SSI Open Water Diver, 2018
Boat U.S. Foundation’s Online Boating Safety Course, 2020
ArcGIS Pro, 40 Hour Coastal mapping course, USF, 2022
JESSICA MILLER
Environmental Consultant
e: jessicam@eteflorida.com
t: 239.304.0030
m: 239.272.6113
Years’ Experience
2 years
Education/Training
B.S. Marine Science
Minor in Geology
Florida Gulf Coast University
(2019)
Software Experience
ArcGIS Pro
Proficient in Excel
Adobe Lightroom
Adobe Photoshop
Adobe InDesign
Page 6495 of 6526
Collier County School District
School Impact Analysis Application
Instructions: Submit one copy of completed application and location map for each new
residential project requiring a determination of school impact to the Planning Department of
the applicable local government. This application will not be deemed complete until all
applicable submittal requirements have been submitted. Please be advised that additional
documentation/information may be requested during the review process.
For information regarding this application process, please contact the Facilities Management
Department at 239-377-0267.
Please check [√] type of application request (one only):
[ ] School Capacity Review [ ] Exemption Letter
[ ] Concurrency Determination [ ] Concurrency Determination Amendment
For descriptions of the types of review please see page 3,
_________________________________________________________________________________________________________________________
I. Project Information:
Project Name: ___________________________________________ Municipality: _________________________________
Parcel ID#: (attach separate sheet for multiple parcels): _______________________________________________________
Location/Address of subject property: ____________________________________________________ (Attach location map)
Closest Major Intersection: _______________________________________________________________________________
II. Ownership/Agent Information:
Owner/Contract Purchaser Name(s): _____________________________________________________________________
Agent/Contact Person: ________________________________________________________________________________
(Please note that if agent or contact inform ation is completed the District will forward all information to that person)
Mailing address: _____________________________________________________________________________________
Telephone#: _____________________________ Fax: _________________________Em ail_________________________
I hereby certify the statements and/or information contained in this application with any attachments submitted
herewith are true and correct to the best of my knowledge.
_____________________________________________________ _____________________________
Owner or Authorized Agent Signature Date
_________________________________________________________________________________________
III. Development Information
Project Data (Unit Types defined on page 2 of application)
Current Land Use Designation: Proposed Land Use Designation:
Current Zoning:
Proposed Zoning:
Project Acreage:
Unit Type: SF MF MH C G
Total Units Currently Allowed by Type:
Total Units Proposed by Type:
Is this a phased project: Yes or No If yes, please complete page 2 of this application.
Date/time stamp:___________________________
Page 6496 of 6526
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
MAGNOLIA POND PUDA (PL20240010833)
LIST AND MAP OF PROPERTY OWNERS
MAP
REFERENCE PARCEL ID OWNER NAME
1 00297720009 Habitat for Humanity of Collier County, Inc.
2 00297600006 Habitat for Humanity of Collier County, Inc.
3 00297840002 Habitat for Humanity of Collier County, Inc.
4 00297240000 Habitat for Humanity of Collier County, Inc.
5 00297880004 Habitat for Humanity of Collier County, Inc.
6 00298000003 Habitat for Humanity of Collier County, Inc.
7 00296800001 Habitat for Humanity of Collier County, Inc.
8 00296760002 Habitat for Humanity of Collier County, Inc.
9 00297280002 Habitat for Humanity of Collier County, Inc.
10 00296721009 Habitat for Humanity of Collier County, Inc.
11 00296480007 Collier County School District – GGH (Magnolia Pond Rd Easement)
Page 6497 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 1
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
MAGNOLIA POND MPUD, PLANNED UNIT DEVELOPMENT AMENDMENT
PROJECT NARRATIVE AND EVALUATION CRITERIA
PROJECT OVERVIEW:
The application proposes to amend the Magnolia Pond MPUD to increase the permitted number of dwelling
units from 231 to 550 dwelling units. The additional units are achieved utilizing the existing density bonuses
established by the Collier County Growth Management Plan’s Density Rating System, including the Affordable
Housing Density Bonus. The PUDA revises the Development Standards Table in Exhibit B, including increasing
the permitted zoned and actual heights for multifamily dwellings, proposes three new deviations in Exhibit E,
and updates the developer commitments in Exhibit F of the PUD. The PUDA also updates Exhibit C, the MPUD
Master Concept Plan to revise the location and layout of the preserve and development area and reflect the
increased density and proposed deviations.
BACKGROUND:
The Magnolia Pond MPUD, originally approved by Ordinance 1998-49, and replaced by Ordinance 2010-06, is
located approximately one-half mile west of the intersection of Collier Boulevard (CR 951), City Gate Drive and
Magnolia Pond Drive. The 47.05-acre MPUD is currently vacant land that is bisected by Magnolia Pond Drive
resulting in approximately 19.6-acres north of the roadway and 27.5-acres on the south side. Magnolia Pond
Drive is a public roadway east of the PUD; the segment of Magnolia Pond Drive along the PUD frontage is an
existing access easement owned by Collier County School District.
The property is immediately north of I-75 and south of the Golden Gate Canal. Golden Gate High School is
located to the west of the PUD and the eastern boundary includes preservation land and Mike Davis Elementary
School. Existing multifamily developments are located between the subject property and Collier Blvd.
The existing MPUD allows for
single-family, two-family and
multifamily residential, as well as
assisted living facilities (ALF). It is
currently approved for a maximum
of 231 dwelling units which equates
to 4.9 dwelling units per acre.
Single-family dwellings are limited
to 125 units. ALF is subject to a
Floor Area Ration of 0.60 and for
every four (4) ALF units developed,
one residential dwelling unit shall
be subtracted from the maximum
231 units.
Page 6498 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 2
DETAILS OF REQUEST:
This amendment seeks to increase the permitted number of residential units from 231 dwelling units to 550
dwelling units through the use of the Affordable Housing Density Bonus (AHDB). The proposed density of the
PUD increases from 4.9 du/ac to 11.7 du/ac. Development within the PUD is anticipated to include a market-
rate rental apartment development on the south side of Magnolia Pond Drive and an owner-occupied
affordable housing multifamily development on the north side of Magnolia Pond Drive.
The proposed density is consistent with the Collier County Growth Management Plan. The 47.05-acres
Magnolia Pond MPUD is designated as Urban Residential Subdistrict on the Future Land Use Map (FLUM) and
the entire property is located within the Residential Density Band associated with the Collier Boulevard
Interstate 75 Activity Center #9. Per the Future Land Use Element, the maximum eligible residential density
shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre. The
maximum allowable base density in the Urban Residential subdistrict is 4 du/ac with a density bonus of 3 du/ac
for being within the Density Band.
Habitat for Humanity of Collier County, Inc. (Habitat) proposes to provide 165 owner-occupied dwelling units
for Low Income households, those earning up to 80 percent of the Collier County annual median income. The
165 units equates to 30% of the 550 total dwelling units proposed in the PUD. Per the current AHDB provisions
of LDC Section 2.06.03, this allows for bonus density of +7 du/ac (a County-initiated amendment proposes to
increase this bonus to +9 du/ac).
The total eligible density and total eligible dwelling units for the PUD are outlined in the table below:
FLUE Designation Acres +/- Eligible Units/Acre Eligible Total DUs
Urban Residential Subdistrict 47.05 4 188.2
DENSITY BONUSES
Residential Density Band 47.05 +3 141.2
Affordable Housing Density Bonus 47.05 +71 329.4
Total 14 6592
1 Based on 30% of total dwelling units designated for Low Income Households, LDC 2.06.03.A., Table A.
2 Total dwelling units rounded to nearest whole number
The proposed increase in residential density to 550 dwelling units (11.7 du/ac) is consistent with the eligible
density permitted by the GMP and Density Rating System.
In support of the anticipated development, this PUDA application also includes the following amendments:
Updates to Exhibit B, Development Standards:
The Amendment replaces the existing Development Standards with a new reformatted table. The maximum
allowed zoned height for multifamily dwellings is increased to 57’ and the maximum allowed actual height is
increased to 65’. A footnote has been included to specify that clubhouse development standards do not apply
to any clubhouse that is located within a multifamily residential building. The updated table maintains the
minimum 75’ setback from I-75 and includes a footnote that this setback is increased to 100’ for buildings 3-
stories or taller. The existing 300’ setback from the Golden Gate Canal is not specified in the updated
Development Standards Table; however, the Master Concept Plan (Exhibit C) shows that the Residential
Page 6499 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 3
development area is separated from Golden Gate Canal by buffers and stormwater management lake and any
residential structures will maintain the minimum 300’ setback from the Golden Gate Canal.
Revised Exhibit C, MPUD Master Plan:
The Master Plan has been updated to reflect the anticipated development. The development areas and the
preserve located between Magnolia Pond Drive and I-75 have been reconfigured. The preserve acreage has
been updated based on current Environmental Data which identifies the site with 38.54-acres of existing native
vegetation. The new preserve layout wraps the development area south of Magnolia Pond Drive (R2), which
has been shifted to the east side of the site. The preserve maintains a minimum average width of 50’, with no
area of the preserve narrower than 30’ in width per LDC requirements.
The changes in Land Use areas are shown in the table below:
LAND USE ORD 2010-06 MCP PROPOSED MCP CHANGE
Lakes 5.57 6.78 +1.21
Easements 1.69 1.79 +0.10
Preserve 10.28 9.64 -0.64
Landscape Buffers 1.37 1.27 -0.10
Right-of-Way 3.20 1.73 -1.47
Development Area 24.94 25.84 +0.90
TOTAL 47.05 47.05 0.00
New Deviations, Exhibit E, Deviations:
The amendment proposes three new deviations:
• LDC 2.06.04.A.14 and A.16: Deviation from AHDB requirement that affordable housing units be same
as market rate units;
• LDC 6.06.02.A.1: Deviation requiring sidewalks on both sides of local streets or internal accessways;
• LDC 4.05.04.G., Table 17: Deviation from parking requirements for small-scale recreation facilities that
are accessory to residential projects.
See Deviations and Justifications for additional information.
Update Exhibit F, Developer Commitments:
The List of Developer Commitments has been updated to include standard PUD commitment language as it
relates to PUD monitoring, state and federal permitting, maximum trip generation, and preserves satisfying
buffer requirements; to identify existing commitments that have already been completed; to update the
existing architectural commitment to not require that development on north and south sides of Magnolia Pond
to be architecturally unified; and to add an affordable housing commitment.
Page 6500 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 4
EVALUATION CRITERIA:
The PUDA meets the rezoning and PUD criteria established in the LDC and is consistent with the Goals,
Objectives, and Policies of the Growth Management Plan. LDC and GMP references are provided below with
responses in bold italics.
LDC Section 10.02.13 B.5.:
a. The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other
utilities.
The MPUD is located approximately one-half mile west of the intersection of Collier Boulevard,
Magnolia Pond Drive and West Gate Drive. The property is located within the residential density
band of Collier Boulevard Interstate 75 Activity Center #9. The property is immediately adjacent to a
high school to the west and an elementary school and existing multifamily projects to the east. Being
adjacent to an Activity Center and public schools make the site ideal for higher density residential
uses. The site is separated from lower density uses to the north by the Golden Gate Canal and planned
stormwater improvements and to the south by I-75 and planned indigenous preserve. Utilities are
readily available to the site.
b. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments,
or for amendments in those proposed, particularly as they may relate to arrangements or provisions
to be made for the continuing operation and maintenance of such areas and facilities that are not to
be provided or maintained at public expense. Findings and recommendations of this type shall be made
only after consultation with the County Attorney.
The property that is subject to this PUDA is owned by Habitat for Humanity of Collier County, Inc. The
existing Magnolia Pond Drive access easement is within the PUD Boundaries but is owned by the
Collier County School District.
c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element
of the Growth Management Plan.
The Magnolia Pond MPUD has previously been found to be consistent with the goals, objectives and
policies of the Future Land Use Element of the GMP. The proposed amendment to increase the
residential units is consistent with the Density Rating System of the Future Land Use Element as
outlined in the Details of Request. The property is eligible for up to 659 dwelling units (14 du/ac); the
PUDA proposes to increase the total number of residential dwelling units to 550 (11.7 du/ac). See
also Consistency with GMP Section.
d. The internal and external compatibility of proposed uses, which conditions may include restrictions on
location of improvements, restrictions on design, and buffering and screening requirements.
The MPUD allows for a mix of residential and assisted living facility uses that are compatible
internally and with external uses. The project is located within an Activity Center Density Band and
is adjacent to a high school, an elementary school, other multifamily developments and existing
Page 6501 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 5
preserves. The proposed development areas will be separated from lower intensity uses to the north
by the Golden Gate Canal and increased open space. Development on the south side of Magnolia
Pond is separated from adjacent uses and properties by planned and existing preservation areas,
open space and lakes and I-75. The development will provide landscape buffers as required by the
LDC.
e. The adequacy of usable open space areas in existence and as proposed to serve the development.
The PUD will meet the 60% open space requirement.
f. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
There is adequate infrastructure to support the proposed development.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
The MPUD is of sufficient size to accommodate the additional density proposed by this amendment.
There is no request, or ability, to expand the boundaries of the MPUD. Adjacent properties to the
east and west are currently developed, and the Golden Gate Canal and I-75 provide natural barriers
to expansion the north and south, respectively.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular
case, based on determination that such modifications are justified as meeting public purposes to a
degree at least equivalent to literal application of such regulations.
The Magnolia Pond MPUD is currently approved with two deviations. This Amendment proposes
three additional deviations related to affordable housing requirements, sidewalks and parking
requirements for multifamily residential uses. The deviations are justified as meeting a public
purpose. Please see Deviations and Justifications.
LDC Section 10.02.08 F.:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan.
The proposed amendment to increase the residential units is consistent with the Density Rating
System of the Future Land Use Element as outlined in the Details of Request. The property is eligible
for up to 659 dwelling units (14 du/ac); the PUDA proposes to increase the total number of residential
dwelling units to 550 (11.7 du/ac). See also Consistency with GMP Section below.
2. The existing land use pattern.
The Magnolia Pond MPUD is consistent with the land use patterns of the area. The property is
adjacent to Activity Center #9 and is a suitable location for higher density residential uses. The
property is also adjacent to public schools making it an ideal location for residential uses.
Page 6502 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 6
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The amendment does not include changes to the MPUD boundary, and therefore does not create an
isolated district that is unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
The existing MPUD boundaries were established in 2010 by Ordinance 2010-06 and are logically
drawn in relation to existing conditions. The amendment does not propose changes to the MPUD
boundary.
5. Whether changed or changing conditions make the passage of the proposed amendment necessary.
The additional density requested by this PUDA is consistent with the GMP and will allow the
development to provide a variety of housing, including an affordable housing project, to meet the
needs of Collier County residents.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
The proposed change will not negatively influence living conditions in the area. Landscape buffers
established in accordance with the LDC, proposed preserve areas and existing natural features
including the Golden Gate Canal and I-75 provide appropriate screening between adjacent uses. The
PUD contains development standards that are appropriate and are compatible with surrounding
uses.
7. Whether the proposed change will create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types
of vehicular traffic, including activity during construction phases of the development, or otherwise
affect public safety.
The existing road network and proposed FDOT improvements to the Collier Boulevard interchange
with I-75 provide sufficient capacity for the increased density proposed by this PUD Amendment. The
proposed increase in density does not create or excessively increase traffic congestion or create
traffic that is incompatible with surrounding land uses. See attached Traffic Impact Statement.
8. Whether the proposed change will create a drainage problem.
The proposed amendment will not create a drainage problem. The development is designed to meet
stormwater requirements of Collier County and South Florida Water Management District.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The development of the Magnolia Pond MPUD will not reduce light and air to adjacent properties.
10. Whether the proposed change will adversely affect property values in the adjacent area.
Page 6503 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 7
The proposed change will not have an adverse impact on property values in the adjacent areas.
Development within the MPUD includes appropriate development standards and buffers to ensure
compatibility with surrounding land uses.
11. Whether the proposed change will be a deterrent to the improvement
or development of adjacent property in accordance with existing regulations.
The surrounding properties are developed. The proposed amendment will not create a deterrent to
the improvement or redevelopment of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
The PUDA is consistent with the requirements of the LDC and the GMP and does not constitute a
grant of special privilege.
13. Whether there are substantial reasons why the property cannot be used in accordance with existing
zoning.
The property is currently zoned as a mixed use PUD. The request to increase the density is consistent
with the GMP and does not change the zoning of the property, which will remain Magnolia Pond
MPUD.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
The proposed amendment will not result in a development that is out of scale with the needs of the
neighborhood and county. The property is adjacent to an Activity Center, which is intended for
residential uses at higher densities and intensities. The immediate area is comprised of a high school,
an elementary school and other multifamily developments. The development is consistent and
compatible with adjacent developments.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts
already permitting such use.
The property is already zoned to allow for multifamily residential uses. The increase in density
proposed by this amendment is consistent with the Activity Center Density Band requirements, the
affordable housing density bonus program and the GMP.
16. The physical characteristics of the property and the degree of site alteration which would be required
to make the property usable for any of the range of potential uses under the proposed zoning
classification.
The property is currently vacant with the exception of existing drainage easements along the
northern and eastern boundaries. The property will be cleared to accommodate the proposed
Page 6504 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 8
development and necessary infrastructure while providing the required native preservation and open
space.
17. The impact of development on the availability of adequate public facilities and services consistent with
the levels of service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as
amended.
Public facilities are available to meet the requirements of the development. All levels of service will
be maintained.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important
in the protection of the public health, safety, and welfare.
The proposed amendment is consistent with the GMP. The project is located adjacent to an
Interchange Activity Center and within the Residential Density Band and is a suitable location for
higher densities. The site has been designed to meet the requirements of the LDC and will not
negatively impact surrounding land uses.
Goals, Objectives and Policies of the Growth Management Plan:
FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding
land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June
22, 2004 and effective October 18, 2004, as amended).
The Magnolia Pond MPUD is compatible with, and complimentary to, the surrounding land uses. The
proposed development includes multifamily residential projects on the north and south side of
Magnolia Pond Drive with suitable setbacks and development standards to ensure compatibility with
adjacent developments. The development areas on the south side of Magnolia Pond Drive are
separated from adjacent land uses by preserved indiginuous areas. The northern development area
will be separated from lower intensity uses to the north by the Golden Gate Canal and stormwater
pond site. The proposed density is consistent with the GMP and adjacent multifamily projects.
FLUE Policy 5.7: Encourage the use of land presently designated for urban intensity uses before
designating other areas for urban intensity uses. This shall occur by planning for the
expansion of County owned and operated public facilities and services to existing lands
designated for urban intensity uses, the Rural Settlement District (formerly known as
North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new
areas.
The Magnolia Pond MPUD is in the Urban Area and is immediately adjacent to an Interchange
Activity Center. Pubic facilities and services are readily available to serve anticipated development
on the site. The MPUD has been found consistent with the GMP since its initial approval in 1998.
FLUE Policy 7.1: The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection
Page 6505 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 9
can be made without violating intersection spacing requirements of the Land
Development Code.
The Magnolia Pond MPUD has direct access to Collier Boulevard via Magnolia Pond Drive.
FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce
vehicle congestion on nearby collector and arterial roads and minimize the need for
traffic signals.
The residential portions of the development within the Magnolia Pond MPUD have direct
connections to Magnolia Pond Drive. Both the northern and southern residential development tracts,
designated as R1 and R2 on the Master Concept Plan, respectively, will have a full movement access
along Magnolia Pond Drive. The southern tract (R2) also includes the potential for a separate right-
out only. Each of these development tracts will utilize internal looping roads and/or drive aisles and
eliminate dead end roads where practical consistent with PUD Developer Commitment 2.A.
FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets
and/or interconnection points with adjoining neighborhoods or other developments
regardless of land use type. The interconnection of local streets between
developments is also addressed in Policy 9.3 of the Transportation Element.
The residential portions of the development within the Magnolia Pond MPUD have direct
connections to Magnolia Pond Drive. The PUD cannot provide interconnections to adjacent
properties as it is immediately adjacent to I-75 to the south, the Golden Gate Canal to the north and
the properties to the east and west are already developed
FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with
a blend of densities, common open spaces, civic facilities and a range of housing prices
and types.
The Magnolia Pond MPUD proposes separate residential developments on the north and south sides
of Magnolia Pond Drive, identified as R1 and R2 on the MCP. The developments include market rate
rental apartments on the south side of Magnolia Pond Drive and owner-occupied affordable housing
development on the north side of Magnolia Pond Drive. The development projects include internal
sidewalks that will connect to the public sidewalk in Magnolia Pond Drive.
FLUE Policy 7.5: The County shall encourage mixed-use development within the same buildings by
allowing residential dwelling units over and/or abutting commercial development. This
Policy shall be implemented through provisions in specific Subdistricts in this Growth
Management Plan.
Magnolia Pond MPUD is a mixed use planned development that is primarily intended for multifamily
residential uses with the allowance of Assisted Living Facilities. The densities and uses proposed are
consistent with the GMP and are appropriate for areas adjacent to the Interchange Activity Center.
Page 6506 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised: March 18, 2025 Page 10
Housing Objective 1: Provide new affordable housing units in order to meet the current and future housing
needs of legal residents with very-low, low, moderate and affordable workforce
incomes, including households with special needs such as rural and farmworker
housing in rural Collier County.
The amendment proposes to provide a variety additional housing to meet the needs of Collier County
residents of different economic backgrounds. The PUDA proposes 165 units to be reserved for Low
Income residents.
CCME Objective 6.1: Protect native vegetative communities through the application of minimum
preservation requirements.
The property is located within the County’s Urban Designated Area, outside of the Coastal High
Hazard Area. Per Policy 6.1.1 and LDC Section 3.05.07, the property is required to preserve 25% of
the existing native vegetation. The Environmental Data included as part of this submittal identifies
the property contains 38.54-acres of existing native vegetation, which results in a minimum preserve
requirement of 9.64-acres. This requirement is shown on Exhibit C, Magnolia Pond Master Plan,
identifies 9.64 acres of preserve and is noted in Developer Commitment 5.A. The preserve area wraps
around the development areas on the south side of Magnolia Pond Drive connecting to adjacent
preserve area to the east and the existing stormwater lake to the west. The preserve me ets the
minimum average width of 50’ but not less than 20’ as required by LDC Section 3.05.07.H.b.
CCME Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats.
The MCP proposes Residential development areas on the north and south side of Magnolia Pond
Drive. Development is appropriately located and will maintain minimum preserve setbacks. Per the
submitted Environmental Data, the subject property includes community types that may have
protected species, including potential gopher tortoise and bonneted bat habitat. One gopher tortoise
was observed during the preliminary assessment. The PUD includes existing Developer Commitments
to provide management plans for Florida Black Bear and Big Cypress Fox Squirrels prior to SDP or PPL
(5.C), and Gopher Tortoise relocation management plan (5.D and 5.E).
Page 6507 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised April 30, 2025 Page 1
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
MAGNOLIA POND MPUD, PLANNED UNIT DEVELOPMENT AMENDMENT
DEVIATIONS & JUSTIFICATION
Deviation #3
Relief from LDC Section 2.06.04 A.14. and A.16., Affordable Housing Conditions, which require 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).
Justification: The Magnolia Pond MPUD consists of separate development tracts that are separated by
Magnolia Pond Drive. These development tracts, identified as R1 and R2 on the Master Concept
Plan, are controlled by separate developers and will be permitted as separate Site Development
Plan (SDP) applications. The MPUD will consist of owner-occupied multifamily affordable
housing dwelling units located on the north side of Magnolia Pond Drive (R1) and market rate
renter-occupied apartment buildings located on the south side of Magnolia Pond Drive (R2). Due
to the eventual difference in property ownership and occupancy type (i.e., market rate rental
versus owner occupied affordable units), and the fact that Magnolia Pond Drive acts as a natural
barrier between the two product types, it is not practical to integrate the units into a common
plan or to provide identical unit types.
The LDC provision requiring affordable housing units to be the same square footage, construction
and design as the market rate dwelling is not practical in larger developments with multiple
developers and product types. It should also be noted that recent amendments to the Rural Land
Stewardship Area (RLSA) provisions of the Collier County GMP create situations where
affordable housing will not be integrated into the larger development. FLUE Policy 4.7.5 requires
new Villages and Towns to set aside 3% of the SRA Acreage for affordable housing. This area is
to be shown on the SRA Master Plan and is not required to be distributed throughout the entire
SRA development. A similar deviation was approved for the Tree Farm MPUD (Ord. 2023-34).
Page 6508 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised April 30, 2025 Page 2
Deviation #4
Deviation 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.
Justification: The PUD is bisected by Magnolia Pond Drive. Magnolia Pond Drive is a public right-of-way from
Collier Boulevard to the subject property and then is an access easement owned by the Collier
County School District. The LDC requires a 5’ sidewalk on both sides of this roadway. Currently,
the north side of Magnolia Pond Drive has an 8’ wide pathway that extends from Collier
Boulevard to Golden Gate High School. There is no sidewalk along the majority of south side of
Magnolia Pond Drive.
A 6’ sidewalk was constructed by the adjacent Magnolia Pond Apartment s
(CDPAR13914/PL20210000922) located immediately east of the PUD; however, the sidewalk
stops at the existing drainage easement, approximately 50’ east of the Magnolia Pond PUD
boundary. Similarly, there is no existing sidewalk on the south side of Magnolia Pond Drive to
connect to west of the subject property. Property to the west includes stormwater pond
developed as part of the High School and is unlikely to provide a sidewalk connectio n in the
future. The LDC requirement to provide sidewalk along the Magnolia Pond PUD road frontages
would not require or provide a connection to the existing sidewalk east of the development.
As shown on Exhibit 1, the development proposes to construct the public sidewalk on the south
side of Magnolia Pond Drive from the western access point to the existing sidewalk located east
of the off-site drainage easement. A pedestrian crossing to the existing 8’ pathway on the north
side of Magnolia Pond Drive will be provided at the western terminus of the proposed sidewalk.
The proposed deviation improves the existing pedestrian system by connecting to the existing
sidewalk on the east side of the drainage easement. Additionally, the improvements will
improve safety for vehicular traffic by grading the unrecoverable slope along the property’s
frontage and the DE.
View looking west. Sidewalk ends at DE prior to Magnolia Pond PUD
property line.
Source: Google Earth; Imagery Date:8 /2024
View looking east.
Existing sidewalk located
on east side of DE.
Page 6509 of 6526
PL20240010833, Magnolia Pond MPUDA
Revised April 30, 2025 Page 3
Deviation #5
Deviation 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 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.
Justification: The parking requirement for multifamily dwellings is 1 parking space per dwelling unit plus
visitor parking computed at 0.5 spaces per efficiency unit, 0.75 spaces per 1 -bedroom unit, and
1 space per 2-bedroom or larger unit. The parking provision further requires that office and/or
administrative buildings be parked at 50% of normal requirements (50% of 1 space per 300 sf),
and accessory recreation facilities be parked at 25% of the normal requirement when the
majority of the dwelling units are located within 300 feet of the facilities.
Tract R2 is intended to be developed as a single Site Development Plan (SDP) consisting of market
rate rental apartments. The conceptual design identifies a gated development consisting of 301
apartments. The development includes small scale accessory recreation facilities intended solely
for the use of the residents. The recreation facilities are located within the multifamily buildings
or their internal courtyards, where the majority of units would be within 300 feet of the
recreation facilities.
The accessory recreation parking provision is largely intended for recreation facilities that are
part of a separate amenity’s tract or area with dedicated parking areas. Because the recreation
facilities proposed as part of this development are internally integrated as part of the residential
buildings and are limited to the residents of the apartment complex, they do not require users
to drive and park at a separate location. The development will provide parking as required by
LDC Section 4.05.04.G., Table 17, for the multifamily residential units and any accessory office
and administrative floor area.
The table below identifies the number of parking spaces required by the LDC and the proposed
parking subject to the deviation request:
USE UNIT LDC PARKING RATIO REQUIRED PARKING PROPOSED PARKING
Multifamily Residential:
1-Bedroom 118 du 1 per du plus 0.75 visitor 207 spaces 207 spaces
2-Bedroom or Larger 183 du 1 per du plus 1.00 visitor 366 spaces 366 spaces
Residential Sub-Total 573 spaces 573 spaces
Accessory Office/Administrative:
Office/Administrative 4,100 sf 1 per 300 sf x 50% 7 spaces 7 spaces
Office/Administration Sub-Total 7 spaces 7 spaces
Accessory Recreation:
Fitness 5,700 sf 1 per 100 sf x 25% 14 spaces 0 spaces
Clubhouse 4,900 sf 1 per 200 sf x 25% 6 spaces 0 spaces
Swimming Pool 3,500 sf 1 per 75 sf for first 1,000 sf plus
1 per additional 125 sf x 25%
8 spaces 0 spaces
Pickleball Courts 2 courts 3 per court x 25% 2 spaces 0 spaces
Recreation Sub-Total 30 spaces 0 spaces
REQUIRED PARKING 610 spaces 580 spaces
Page 6510 of 6526
A
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TEX. 8' CONCRETE
SIDEWALK TO REMAIN
EX. 8' CONCRETE
SIDEWALK TO REMAIN
COUNTY R.O.W.PRIVATE A.E.
PROPOSED 6'
CONCRETE SIDEWALK
PROPOSED 6'
CONCRETE SIDEWALK
EX. 6' CONCRETE
SIDEWALK4
4
GOLDEN GATE
HIGH SCHOOL
MAGNOLIA POND DR
RELOCATED 8'
CONCRETE SIDEWALK
I-75
DEVELOPER TO MODIFY
EXISTING DRAINAGE AS
REQUIRED TO CONNECT
TO EXISTING SIDEWALK
PROPOSED CROSSWALK
WEST OF MAGNOLIA POND
PUD ENTRANCES
• CIVIL ENGINEERING
• PLANNING AND ZONING
• ENVIRONMENTAL SERVICES
• LANDSCAPE ARCHITECTURE
• SURVEYING
• LAND DEVELOPMENT
ENGINEERING
PENINSULA
CLIENT:TITLE:PROJECT:
Sheet Number:of
File Name:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:[Save Date: 4/4/2025 2:34:36 PM] [By: AAvila] [Plot Date: 4/4/2025 2:35:29 PM] [By: Alejandro Avila] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-THTH-001\002-Apartments_SDP\Drawings-Civil\C00-Exhibits\X05_Sidewalk_Exhibit\Sheet_Files\P-THTH-001-002-C00-X05.dwg]Sheet ID:Florida Engineering C.A #28275
Florida Landscape C.A #LC26000632
MAGNOLIA
POND PUDA
PL202400010833
EXHIBIT 1:
PROPOSED
SIDEWALK
IMPROVEMENTS
HABITAT FOR
HUMANITY OF COLLIER
COUNTY, INC.
ALEJANDRO AVILA
ALEJANDRO AVILA
APRIL 2025
1" = 200'
P-THTH-001-002
P-THTH-001-002-C00-X05.dwg
C-X05
01 01
34 49 26REVISIONS:
No:Revision:Date:
239.403.6700
Pen-Eng.com
2600 Golden Gate Pkwy
Naples, FL 34105 SCALE:1" = 200'LEGEND
#DEVIATION
DEVIATIONS LOCATIONS
AREA WITH NO SIDEWALK IMPROVEMENTS4
Page 6511 of 6526
Page 6512 of 6526
Page 6513 of 6526
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners
Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, 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, ½ 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]
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
Page 6514 of 6526
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials int ended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
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.collier.gov/Calendar-Events-directory 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 deta iling 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 Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@collier.gov.
Any person who decides to appeal any decision of the Board 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Page 6515 of 6526
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners
Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, 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, ½ 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]
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
Page 6516 of 6526
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials int ended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
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.collier.gov/Calendar-Events-directory 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 deta iling 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 Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@collier.gov.
Any person who decides to appeal any decision of the Board 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
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