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Backup Documents 10/14/2025 Item #17B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 EE THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office rf i© _lc Z 4. BCC Office Board of County Commissioners f 5 1M3 I j416 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was October 14,2025 Agenda Item Number 17.B. Approved by the BCC 'IA Type of Document 1 Ordinance 0, .AA Number of Original 1 Attached j AFT-0 rctcli,1p IA ali t A 1 Al r• Documents Attached PO number or account 134-13 8326-C4990 number if document is gj ' lo f to be recorded lAff �L IC ��,5 ` �j ��!J 4 INSTRUCTIONS & CHECKLIST 'hp Ord IlGth( Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 14,2025 (date)and all changes Cr L, N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ` \, an option for Chairman's signature. [ this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 178 This space for recording AGREEME.NT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS �1 D IMPOSING COVENANTS Aj RESTRIC'TIoJ $ nx REAL PROPERTY THIS AGREEMENT is made as of this f41/11_day of O(T& 2025 by and between Habitat for Humanity of Collier County, Inc. (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties". RECITALS A. The Developer owns a tract of real property within the Magnolia Pond Mixed Use Planned Unit Development (MPUD) legally described in Exhibit A and depicted on Exhibit A-I, both of which are attached hereto and incorporated herein (the "Property"). The MPUD intends to construct a maximum of 550 residential Units(the "Units") at a density of 11.7 Units per gross acre on the Property. The gross acreage of the MPUD is 47.05 acres. The minimum number of affordable Units constructed by Developer shall be 165, representing 30% percent of the total number of residential Units approved in the MPUD development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the MPUD as provided for as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 7 bonus Units per acre in the MPUD, if the Developer agrees to construct affordable housing Units as specified in this Agreement and in accordance with LDC Section 2.06.00 et seq. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7 Units per acre requested by the Developer and the benefits conferred thereby to the Magnolia Pond PUDA,PL20240010833 Page 1 of 20 REVISED:4/30/2025 17B MPUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Developer and the Commission hereby covenant and agree as follows: ]. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees to the provide following affordable housing Units in accordance with this Agreement and as specified in Exhibits B through G attached hereto and incorporated herein: a. One Hundred Sixty-Five (165) of the 550 Units will be sold to households earning below 80% percent of Collier County's area median income (AMI). b. All affordable housing Units will be owner-occupied. c. The Units will include multi-family units with a variety of bedroom types. d. No affordable housing unit in the development shall be sold to a household whose household income has not been verified and certified in accordance with this division as a low- or very-low income household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for approval. e. The following provisions shall be applicable to the affordable Units: i. Defined terms: For purposes of this Agreement, "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan,subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. ii. Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit C , which Exhibit shall be adjusted from time to time in accordance with any adjustments that Magnolia Pond RADA, PL20240010833 Page 2 of 20 REVISED:4/30/2025 CA) 17B so are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. iii. Eligibility and Qualification of Buver. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Buyer; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (very low, low, moderate or gap income) in accordance with this Section; 3) certification of eligible Owner by the Community and Human Services Division. The Developer shall be responsible for qualifying Buyers by accepting applications,verifying income,and obtaining income certification for all affordable Units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. (1) Application, A potential homebuyer shall apply to the developer, owner, manager, or agent to qualify as a low-income family for the purpose of purchasing and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for an affordable housing unit shall be provided to Collier County Community and Human Services Division as shown in Exhibit D, attached to this Agreement and incorporated by reference herein. (2) Income Verification and Certification. No affordable housing unit in the development shall be rented whose household income has not been verified and certified in accordance with this Agreement. (3) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household)to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the affordable housing applicant Income Verification form, including a statement to release Magnolia Pond PUDA, PL20240010833 Page 3 of 20 REVISED:4/30/2025 C ,H 178 information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Exhibit E, attached to this Agreement and incorporated by reference herein. (4) Income Certification. Upon receipt of the Preliminary Application for an affordable housing unit and Applicant Income Verification form,the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as eligible to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Exhibit F, is attached to this Agreement and is incorporated by reference herein. iv. Random Inspections. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Community and Human Services Division upon reasonable notice. v. Annual Progress and Monitoring Report. The Developer shall provide the Community and Human Services Division an annual progress and monitoring report regarding the delivery of affordable housing Units throughout the period of their construction and occupancy.The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to ensure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed within 30 days of the one year anniversary date of the effective date of this Magnolia Pond PUDA,PL20240010833 Page 4 of 20 REVISED:4/30/2025 rj\O 178 agreement and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. vi. Occupancy Restrictions. No affordable unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for an affordable housing density bonus, in addition to the base residential density of 4 Units per acre within the Urban Residential Subdistrict and the 3 bonus units per acre for the Activity Center Band, and is therefore granted a density bonus of 7 density bonus Units per acre for affordable housing, for a total density of 11.7 Units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 550 Units on the MPUD provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Community and Human Services Division or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement. a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full Magnolia Pond PUDA, PL20240010833 Page S of 20 REVISED:4/30/2025 C!d 178 power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Certificate of Occupancy, In the event that the Developer fails to maintain the affordable Units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00,as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio, 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail,postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail Building H, Suite 211 Naples, Florida 341 12 Magnolia Pond PUDA, PL20240010833 Page 6 of 20 REVISED:4/30/2025 CAO 178 To the Developer: Habitat for Humanity of Collier County, Inc. 1 1 145 Tamiami Trail East Naples, FL 34113 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect,defend, indemnify and hold Collier County and its officers,employees, and agents harmless from and against any and all claims,penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act,error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 18 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording, This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC § 2.06.04. Magnolia Pond PUDA,PL20240010833 Page 7 of 20 REVISED:4/30/2025 ('AO 178 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner/Buyers or potential owner/Buyers because of said owners/Buyers race, color, religion, sex,national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable Units. d. The affordable housing Units shall be located on Tract RI as shown on the Master Concept Plan, depicted as Exhibit "C"of the Magnolia Pond MPUD, Ordinance No. 25- ` . 17. Disclosure. The developer shall not disclose to persons, other than the potential buyer, Buyer, or lender of the particular affordable housing unit or Units, which Units in the development are designated as affordable housing Units. 18. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development, except those regulations that have been or may be deviated from as part of the Magnolia Pond PUD approval. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing Units and the amount of affordable housing density bonus approved for the development. 19. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from"development agreements"as defined by Section 163.3220,Fla. Stat., as amended. 20. Preapolication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Exhibit G and incorporated by reference herein. Magnolia Pond PUDA, PL20240010833 Page 8 of 20 REVISED: 4/30/2025 CAO 178 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 22. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. AS TO COMMISSION: ,"' ' ATTEST% BOARD OF COUNTY COMMISSIONERS �'. CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: au C edetglimo4— 9 ' , ri • 'Y' .. Attest as to Deputy an'slerk Burt nders, 'airman '''' signature only AS TO DEVELOPER: Witness #1 Signature Habitat for umanity of Collier County, Inc., a Fl rid n -for-profit cor oration Witness #1 Printed Name Rev. Lisa B. Laco EO Witness #2 Signature Approved t', form I: . legality: Witness #2 Printed Name I / ..del _ 11"4"rdi, •C` �` 11I . ew Amistmot Co my • In •y.../\ Attachments: Exhibit A - Legal Description Exhibit B - Affordable Housing Units/Base Monthly Rents Exhibit C - Income and Rent Level Exhibit D - Preliminary Application for Affordable Housing Unit Exhibit E - Applicant Income Verification Exhibit F - Applicant Income Certification Exhibit G - Developer Application for Affordable Housing Density Bonus Magnolia Pool PUDA, PL20240010833 Page 9 of 20 REVISED:4/30/2025 Ei f 178 EXHIBIT A LEGAL DESCRIPTION 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 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 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. Magnolia Pond PUDA, PL20240010833 Page 10 of 20 REVISED:4/30/2025 r'�n 178 EXHIBIT B NUMBER 9F AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (50%-80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 165 4 Bedroom TOTAL _ 165 (1) Base residential density allowed in this development is 4 Units/acre in Urban Residential subdistrict and 3 Units/acre in Activity Center Residential Density Band. (2) Gross acreage 47.05 (3) Maximum affordable housing density bonus allowed in this development pursuant to I,1C Section 2.06.00. 7 du/ac based on proposed 30% affordable housing set aside at the "Low- Income" level, (4) Gross residential density of this development (including affordable housing density bonus Units) 11.7 Units/acre. (5) Percentage of affordable housing Units pledged by the developer (as a percent of the total number Units in the development) 30% Magnolia Pond PUDA,PL202400 10833 Page I I of 20 REVISED:4/30/2025 178 EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME Pursuant LDC Section 1.08.02, moderate income is 80% to 120% of the median income, low income is 50%to 80% of the median income and very low income is less than 50%of the median income. Collier County 2024 Median Income - $104,300 Number of Members in Household 1 2 3 4 5 6 7 8 50% 36,550 41,750 46,950 52,150 80% 58,480 66,800 75,120 83,440 120% 87,720 100,200 112,680 125,160 140% 102,340 116,900 131,460 146,020 Rental Rates based on # Bedrooms ONE TWO THREE FOUR BEDROOM BEDROOM BEDROOM BEDROOM UNIT UNIT UNIT UNIT 50% $978 $1,173 $1,356 $ 80% $1,566 $1,878 $2,170 $ 120% $2,349 $2,817 $3,255 $ 140% $2,740 $3,286 $3,797 $ Magnolia Pond PUDA, PL20240010833 Page 12 of 20 REVISED: 4/30/2025 CAO 178 EXHIBIT D PRELIMINARY APPLICATION FOR AFFORDABLE- HOUSING UNIT Date Occupancy Desired: Date of Application: Aim. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes No Co-Tenant Name — Race/National Origin: Handicap: Yes No, Present Address: Street City State Zip Telephone No. Name of Landlord_ How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord: Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No._ How long with Present Employer: Job Title Gross Salary: Hourly $__ Weekly $ Every 2 Weeks $ _ Monthly $ Social Security Number Birth Date Previous Employers Name _ Address Address and Telephone No. How long with Previous Employer _ Job Title CO-TENANT: Present Employers Name Address and Telephone No._ How long with Present Employer:_ — Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks$__ _ Monthly $ Social Security Number Birth Date Magnolia Pond PIMA,P1,20240010833 Page 13 of 20 REVISED:4/30/2025 CA0 1 178 Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTII DATE SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 1-low Long Known: 2. Name: Address:_ _ _ How Long Known: Magnolia Pond PUDA, PL20240010833 Page 14 of 20 REVISED:4/30/2025 0,4 • 178 • EXHIBIT E AFFORDABLE-HOUSING APPLICANT INCOME VERIFICATION THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR',S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY, THE AFFORDABLE UNIT AND MAY BE SUBMITTED IN PLACE OF TI-IIS VERIFCATION. IN. THE ABSENCE OF TAX RETURNS, PLEASE COMPLETE THE FOLLOWING. • Date: • Applicant's Name: Social Security Number Co-Tenant's Name: Social Security Number • Present Address: Street City State Zip Telephone No. I hereby make application for a housing unit at I hereby declare and reveal all of my sources of income. • I am aware that to leave out,omit or fail to report my assets or forms of income from pensions, stocks, bonds,real property rent;sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. . I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property,pensions or capital gains, etc. • • APPLICANT CO-OCCUPANT Amount Frequency Frequency Received of Pay Amount Received of Pay Wages/Salary • $ $ • Bonuses $ $ Tips $ $ Commissions $ $ Interest Income $ $ Trust Fund Income $ $ Unemployment $ $ I — — Workman's Compensation $ $ Welfare $ $ Magnolia Pond PUDA,PL20240010833 Page 15 of 20 REVISED:6/9/2025 173 Food Stamps $ $ Social Security. $ $ Social Security Disability $ $ Supplemental SS1 $ $ . Family Askance S $ Child Support $ $ Veteran's Benefits $ $ Widows Benefits $ $ Union Pension $ $ Self Employed Business,Silent Partner, Etc. $ $ Private Insurance Pension $ $ TOTAL ANNUAL INCOME $ $ THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. • • Magnolia Pond PUDA,PL20240010833 Page 16 of 20 REVISED:6/9/2025 0 • 178 EXHIBIT F AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH APPLICANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. IN THE ABSENCE OF TAX RETURNS,PLEASE COMPLETE THE FOLLOWING: Authorization: I hereby authorize the release of requested information to for the sole purpose of determining eligibility for program assistance. Employer Name: Employer Address: Human Resources Fax/Email: • x / / Signature Print Name Date Please fax or email completed form to: ********************BELOW TO BE COMPLETED BY EMPLOYER***************** Date of Hire: Probability of continued employment: ❑Yes ❑No Full time. ❑ Part-Time• ❑ • Seasonal ❑ Current Pay Rate: Pay Frequency: CI Hr OWk ❑Bi-wk ❑Semi-Mo ❑Mo Overtime Pay Rate: Avg ti Regular Hrs Per Wk: Avg#Overtime Hrs Per Wk: Average Weeks Worked/Year: Planned increase in Pay Rate: ❑Yes ❑No Date of planned increase: Amount of Increase: Position: New Rate: $ Amount of other compensation anticipated during the next 12 months(bonus,commission,tips): Employee Retirement and/or Pension account: ❑Yes ❑No Type of account/s: (40Ik, IRA,403b,457,pension, etc.) Does Employee have access to retirement funds? ❑Yes ❑No Withdraw Penalty: $ or% Total anticipated Gross Annual Income, including other compensation,for next 12 months: $ Signature of authorized representative: Printed Name: Title: Date: _ Phone: Email: WARNING:Florida Statute 817 provides that willful false statements or misrepresentation concerning income,asset or liability information relating to financial condition is a misdemeanor of the first degree,punishable by lines and imprisonment under Statutes 775.082 or 775.83. ttI Magnolia Pond PIMA,PL20240010833 Page 17 of 20 REVISED:6/9/2025 t p,0 r 178 Exhibit G DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Community and Human Services Division. All items requested must be provided. . Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; Magnolia Pond MPUD 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No PUDA (PL20240010833) was submitted to Collier County GMP on 12/19/2024 and has not been approved to date. 3. Gross density of the proposed development. 11.7 du/ac Gross acreage of the proposed development. 47.05 acres 4. Are affordable housing density bonus Units sought in conjunction with an application for a planned unit development(PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Magnolia Pond MPUD, Magnolia Pond Drive, west of Collier Boulevard. 5. Name of applicant: Habitat for Humanity of Collier County, Inc. Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL 301 249 Magnolia Pond PUDA,PL20240010833 Page 18 of 20 REVISED: O/2025 "1Q 178 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable-Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied GAP INCOME 120-140% MI Efficiency I Bedroom 2 Bedroom 3 Bedroom _ Other TOTAL In accordance with LDC Section 2.06.03.D. — All owner occupied MODERATE INCOME 80-120% MI Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL In accordance with LDC Section 2.06.03.D. — All owner- occupied LOW INCOME 50-80% MI Efficiency 1 Bedroom 2 Bedroom _ 3 Bedroom 165 165 Other TOTAL 165 165 Magnolia Pond PUDA, PL20240010833 Page 19 of 20 REVISED:4/30/2025 4 i 78 VERY LOW INCOME 50% OR LESS AMI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 7. The Habitat for Humanity property will be designed and developed with multi-family homes.The homes will be owner occupied and will have approximately 1,300 square feet of living area. All of the units will have at least 3 bedrooms and 2 bathrooms. The homes will be designed for low- and very-low-income families. The dwelling units will be with a combination of carpet and LVT flooring, window blinds, washer and dryer, kitchen range with oven, refrigerator, bathroom exhaust fans, central air conditioning and full cabinetry/ trim package. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. 1 Magnolia Pond PUDA, PL20240010833 Page 20 of 20 REVISED:4/30/2025 90 BCC October 14, 2025 1 7 B Martha S. Vergara PUDA-PL20240010833 Magnolia Pond From: Ailyn Padron <Ailyn.Padron@collier.gov> Sent: Wednesday, September 17, 2025 12:40 PM To: Minutes and Records; Legal Notice Cc: Nancy Gundlach; Chris Scott; Kathynell Crotteau; Wanda Rodriguez; GMDZoningDivisionAds Subject: FW:Ad Request - Magnolia Pond (PUDA) (PL20240010833) 10/14/25 BCC Attachments: Ad Request.pdf;Attachment A-Proposed Magnolia Pond PUDA Ordinance 060425.pdf; RE: 10/14/25 BCC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833); RE: 10/14/25 BCC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage. The ad will need to be advertised no later than September 24 and run through the hearing date. Staff&agent approvals are attached; CAO approval is below. Please note:The legal advertising fees have been collected for the referenced petitions. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-51874 Collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.PadronAcollier.gov CO My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron(c collier.gov From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent:Wednesday, September 17, 2025 11:16 AM To:Ailyn Padron<Ailyn.Padron@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: RE: Ad Request- Magnolia Pond (PUDA) (PL20240010833) 10/14/25 BCC Ailyn, Attorney approval is below. Thanks, Wanda Rodriguez, _ACP, CPNI i 178 Office of the County .Attorney (239) 252-8400 ;;\ Q P I.O R I D A 6 PROI��CERG OWUNPro6Tan� I�II SINCECertified Public Manager 2 My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriquezAcollier.gov From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent:Tuesday, September 16, 2025 4:15 PM To: Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Subject: FW: For your approval: Ad Request- Magnolia Pond (PUDA) (PL20240010833) 10/14/25 BCC Wanda, Approved.Thank you! 1-t6c Asktow-Czizo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-2773 From: Kathynell Crotteau <Kathynell.Crotteau@collier.gov> Sent:Tuesday, September 16, 2025 3:51 PM To: Heidi Ashton <Heidi.Ashton@collier.gov> Subject: FW: For your approval: Ad Request- Magnolia Pond (PUDA) (PL20240010833) 10/14/25 BCC Heidi: The title is correct per the 6/4/25 ordinance title. However, the "Zone Zoning" looks odd. (See highlight) .Cathy Crotteau legal.4ssistant/Paralegal Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 Phone: (239) 252-6052 From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent:Tuesday, September 16, 2025 3:48 PM To: Kathynell Crotteau<Kathynell.Crotteau(«collier.gov> Subject: FW: For your approval: Ad Request- Magnolia Pond (PUDA) (PL20240010833) 10/14/25 BCC 2 7B Kathy, Please check the title. Thanks. F-te li.Ashtow-C�cleo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 From: Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent:Tuesday, September 16, 2025 2:05 PM To: Heidi Ashton <Heidi.Ashton@collier.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@collier.gov> Subject: For your approval:Ad Request- Magnolia Pond (PUDA) (PL20240010833) 10/14/25 BCC Heidi, For your approval. 'Wanda Rodriguez, .MCP, CP.M Office of the County .attorney (239) 252-8400 LERT I FIFO 9 � 9 FI.ORInA'S AC F C �►�yPR�OI��LIS6NNG Program �OWEtlR COUNTY Certified Public Manager SINCE AMn4 Ste ar u.,in.ey2005 My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriguez(acollier.gov From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent:Tuesday,September 16, 2025 1:57 PM To: Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Subject: RE: 10/14/25 BCC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Hi Wanda, See attached. Thank you! 3 17B Ailyn Padron Management Analyst I Zoning Office:239-252-5187174 2800 Horseshoe Dr. ller Coun Naples, Florida 34104 Ailyn.Padroncollier.gov fl ® v I My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padrona,collier.gov From: Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent:Tuesday, September 16, 2025 12:39 PM To:Allyn Padron<Ailyn.Padron@collier.gov> Subject: RE: 10/14/25 BCC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Ailyn, Please update the county website given in the ad and send us a revised ad for review. Thanks, "Wanda Rodriguez, MCP, CT M Office of the County Attorney (239) 252-8400 LERT I F/fQ Q ACP Cn COWER CON 1 Certified Public Manager wAF.4.[re II, 2005 My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriquezCa�collier.gov From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent:Tuesday,September 16, 2025 12:28 PM To: Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Cc: Nancy Gundlach <Nancy.Gundlach@collier.gov>; Chris Scott<cscott@pen-eng.com>; Kathynell Crotteau <Kathynell.Crotteau@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: 10/14/25 BCC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good afternoon, Wanda, Attached is the *Web* Ad Request, Ordinance, and approvals for the referenced petition.The ad will need to be advertised no later than September 24 and run through the hearing date. 4 17B Martha S. Vergara From: Nancy Gundlach <Nancy.Gundlach@collier.gov> Sent: Tuesday, September 16, 2025 11:50 AM To: Ailyn Padron Subject: RE: 10/14/25 BCC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Flagged Approved. Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 &SMty Nancy Gundlach AICP, PLA, CSM Planner III Zoning 421 Office:239-252-2484 Collier Coun 2800 North Horseshoe Drive Naples, Florida 34104 a �� X � Nancv.Gundlach a(�collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Nancy.Gundlach(c�collier.gov From:Allyn Padron<Ailyn.Padron@collier.gov> Sent:Tuesday, September 16, 2025 11:30 AM To:Chris Scott<cscott@pen-eng.com>; Nancy Gundlach <Nancy.Gundlach@collier.gov> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: 10/14/25 BCC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) 1 17E Good morning, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed no later than, 10:00a.m., Wednesday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning 11;4411 Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 I� X. CIAilyn.Padron collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron(a�collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 17B Martha S. Vergara From: Chris Scott <cscott@pen-eng.com> Sent: Tuesday, September 16, 2025 12:21 PM To: Ailyn Padron; Nancy Gundlach Cc: GMDZoningDivisionAds Subject: RE: 10/14/25 BCC- *Web*Ad Request for Magnolia Pond (PUDA) (PL20240010833) Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved by Applicant. Christopher O. Scott, AICP Planning Manager PENINSULA ENGINEERING Direct: 239.403.6727 www.pen-eng.com From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent:Tuesday, September 16, 2025 11:30 AM To: Chris Scott<cscott@pen-eng.com>; Nancy Gundlach <Nancy.Gundlach@collier.gov> Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: 10/14/25 BCC- *Web* Ad Request for Magnolia Pond (PUDA) (PL20240010833) Good morning, Attached is the *Web* Ad Request and Ordinance for your petition. Please let me know if you approve and/or if changes are needed no later than, 10:00a.m.,Wednesday. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning Office:239-252-5187 C+�ller our 2800 Horseshoe Dr. O Naples, Florida 34104 N 0 Ailyn.Padroncollier.gov i 1 7 B Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning Office:239-252-51874 Collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padroncollier.gov Cil x co I My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron(c�collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 5 17B 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, '/2 MILE WEST OF COLLIER BOULEVARD(CR 951),IN SECTION 34,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05± ACRES. [PL20240010833] 32nd AVE WI/ I__ Project Location °ahs �r c/R 1 v- Magnolia ' • a DR V 0) r• 1-75 � ' . 0 -75 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. 178 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 intended 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.Qov/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 detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.WilligAcollier.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 17B 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, 'A MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 47.05±ACRES. (PL20240010833) WHEREAS, on February 23, 2010, the Board of County Commissioners adopted Ordinance No. 10-06, which established the Magnolia Pond Mixed Use Planned Unit Development(the "Magnolia Pond MPUD"); and WHEREAS, Habitat for Humanity of Collier County represented by Christopher Scott, AICP, of Peninsula Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koestner, P.A., petitioned the Board of County Commissioners to amend the Magnolia Pond MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to PUD Document. Exhibits A through F attached to Ordinance No. 10-06, as amended, are hereby amended and replaced with the Exhibits A through F attached hereto and incorporated herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [25-CPS-02 5 8 9/1 950045/1]97 1 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 • 17B 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: firAC Heidi Ashton-Cicko 6-4-25 Managing Assistant County Attorney Attachments: Exhibit A- List of Permitted Uses Exhibit B - List of Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E- List of Deviations Exhibit F - List of Developer Commitments Exhibit 1 - Proposed Sidewalk Improvements-Deviation 4 [25-CPS-02 5 8 9/1 950045/1]97 2 of 2 Magnolia Pond-PUDA-PL20240010833 6/4/25 17B 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 4.911.7 dwelling units per acre. PERMITTED USES No building, structure or part thereof,shall be erected, altered or used,or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line), limited to a maximum of 125 units. 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes buildings containing more than 2 units that are physically connected). 4. Assisted living facilities at a F.A.R. of .60 {for each four ALF units developed, one residential dwelling hal -unit sl 1.ebtr suaete€1 fr tL f 239 itt ,A d lI 0 5. Any other permitted use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to: 1. Customary accessory uses and structures including carports,garages, and utility buildings. 2. Recreational uses and facilities including clubhouses, swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, horse trails and barns, kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts for residents and their guests. 3. Manager's residences and offices,temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. Magnolia Pond PUDA,PL20240010833 Page 1 of 19 Revised:5/14/2025 17B EXHIBITrBB TABLE RESIDENTIAL DEVLEOPMENT STANDARDS STANDARDS SINGLE FAMILY T`"'^ LY MU ILTI FAMILY ASSISTED LUBHOUSE LIVING FACILITY Min. Lot Are 7, 00 sq. ft. 5,000 sq. ft. .1,000 sq. ft. 10,000 sq.ft. 7,500 sq.ft. {per unit/use) M;". 'et Width 50 fe- interior 90 feet interior N4 75 feet 50 feet interior { {1) (15 fcct)(2) {4} 60 feet corn 110 feet corner 60 feet corner lots (55 fcct)(2) Front Yard 15 feet(5) 5 feet(5) 25 feet 25 feet 25 feet Set Side Yard 0 feet& 10 feet e -- _ -- 15 feet 15 feet 15 feet Setbackor both 5 feet = •. -- Rc\3r Yard S et 20 feet 20 feet I 20 feet 20 feet Accessory: 10 feet 10 feet -- 10 feet 10 feet MPU-D ▪ y Setback: 20 feet(3) e -• 20 feet(3) 20 feet(3) 20 feet(3) Principal 10 feet I -- 10 feet 10 feet 10 feet Accessory Magnolia Pond PUDA,PL20240010833 Page 2 of 19 Revised:5/14/2025 17E v.. , ,. • ? SINGLE FAMILY T\A O FAMILY MULTI FAMILY ASSISTED CLUBHOUSE FACILITY Setback'rom I 75 feet 75 feet 75 feet 75 feet -- Garage 23 feet 23 feet 23 feet 23 feet 23 cct Setback('I) Preserve Area Setback Principal: 25 t 25 feet 25 feet 25 feet 25 feet Accessory: 10 fee• 10 feet 10 feet 10 feet 10 feet Distance NA NA One half the One h. f the One half the Between sum of the sum of the sum of the b ildi g . a_ _ bedding Structures heights. eights. heights. Distance 10 feet ..! -- 10 feet 10 feet 10 feet between Accessory Structures: Maximum Zoned Height Princi 35 feet and 2 -- . •_ _ -- •_ 38 feet and 3 35 feet and 2 stories stories Aorics stories stories Accessory: 20 feet 20 feet -- 20 feet 20 feet Me144141-1:1-m Actual Height Principal: '12 feet and 2 -- - •_ -- - •_ '15 feet and 3 /12 feet and 2 stories storie- stories stories stories Accessory: 27 feet - 27 feet 27 feet 20 feet Minimum 1200 sq.ft. 1 00 sq.ft. 1 bdr. 650 sq. 44 1200 sq.ft. Floor Area 2 bdr. 900 sq. 1.6 3 bdr 1050 sq.ft. Mir 2 car _ rage 1 car garage 1 carport {74 NA carport or space or 1 car garage per unit garage {1) May be reduce: on cul de sac lots. {2) Minimum to rentn,P in parPnthocos applies only in cases where a dwelling un;t in J 2 fdn.ily tructure is on {3)Threes sry building; ;hall be yet back a minimum of three hundred feet from the Celd..i. G to C .al right Magnolia Pond PUDA,PL20240010833 Page 3 of 19 Revised:5/14/2025 178 F AI [ I I + el th ivi�ririciiiiH�ii fio"'e'••a icri �� '++ .l A D F G!1 N N a�rT-'-rr-vrv� rt of an ALF shall mirror the multi family parking re it ^nts wall or 15 feet in width if only vegetation is installed. Magnolia Pond PUDA,PL20240010833 Page 4 of 19 Revised:5/14/2025 17B EXHIBIT B DEVELOPMENT STANDARDS STANDARDS SINGLE- TWO-FAMILY/ MULTIFAMILY ASSISTED LIVING CLUBHOUSE' FAMILY DUPLEX FACILITY MIN. LOT AREA 7,500 S.F. 3,000 S.F./UNIT 10,000 S.F. 10,000 S.F. 7,500 S.F. MIN. LOT WIDTH 50' 45' 100' 75' 50' MIN. FLOOR AREA 1,200 SF 1,100 S.F./UNIT 650 S.F./UNIT N/A N/A FLOOR AREA RATIO N/A N/A N/A 0.60 N/A MIN. 1-75 SETBACK2 75' 75' 75' 75' 75' MIN.GOLDEN GATE 300' 300' 300' 300' 300' CANAL SETBACK PRINCIPAL STRUCTURES MIN. FRONT YARD 15' 15' 25' 25' 25' MIN.SIDE YARD 5' 0 OR 5'3 15' 15' 15' MIN. REAR YARD 20' 20' 20' 20' 20' MIN. PRESERVE SETBACK 25' 25' 25' 25' 25' MIN. DISTANCE N/A 0 OR 10' 30' 20' 20' BETWEEN STRUCTURES MAX. BUILDING 35' 35' 57' 50' 35' HEIGHT-ZONED MAX. BUILDING 42' 42' 65' 62' 42' HEIGHT-ACTUAL ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS SPS 10' MIN. REAR YARD 10' 10' 10' 10' 10' MIN. PRESERVE SETBACK 10' 10' 10' 10' 10' MIN. DISTANCE BETWEEN STRUCTURES 10' 10' 10' 10' 10' MAX. BUILDING 35' 35' 35' 35' 35' HEIGHT-ZONED MAX. BUILDNG HEIGHT ACTUAL 35' 35' 35' 35' 35' SPS=Same as Principal Structure Footnotes: '. Clubhouses that are located within a multifamily residential building are subject to development standards for multifamily dwellings. 2. Buildings that are three-stories or taller must be setback a minimum of 100'from 1-75. 3. Side setback may be 0' or 5' provided 10' separation between adjacent principal structures is maintained if not structurally attached. NOTE: Setbacks that conflict with utility standards for the required separation between utility infrastructure and buildings or structures do not constitute an approved deviation Magnolia Pond PUDA,PL20240010833 Page 5 of 19 Revised:5/14/2025 17B EXHIBIT C MPUD MASTER PLAN Magnolia Pond PUDA,PL20240010833 Page 6 of 19 Revised:5/14/2025 1 7 B ZONING:RSF-3 LAND USE:RESIDENTIAL 15'TYPE"B" GOLDEN GATE CANAL 25'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE— (O.R.BOOK 1040 PAGE 1333) 7 BUFFER — _ — — t -1--- - ---_-_-__-_-.i---_-=- - - - t I ZONING:GOLDEN N GATE COMMERCE PARK MPUD LAND USE:SCHOOL 15'TYPE"B" • LANDSCAPE • BUFFER r, 50'MUTUAL RIGHT-OF-WAY I�-7— EASEMENT(O.R. \BOOK 351 PAGE 171) 15'TYPE"B" • I N. LANDSCAPE—.- f- I I ,�BUFFER ZONING:A 30'DRAINAGE,ACCESS LAND USE:SCHOOL AND+EASEMENT(0.R.ABOOK NCE RESIDENTIAL �I 4575 PAGE 3010) 61 (RI) ZONING:GOLDEN GATE COMMERCE PARK MPUD . I I LAND USE:VACANT _ PRESERVE 1 2 3 I I 10'TYPE"A" ---I--LANDSCAPE BUFFER II 50'MUTUAL RIGHT-OF-WAY 20'TYPE"D" --.' I—.—EASEMENT(O.R.BOOK 50'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE BUFFER 359 PAGE 609 8 O.R. (O.R.BOOK 1040 PAGE 1333) 1 irt _ , 1 BOOK 426 PAGE 121) MAGNOLIA POND DR MAf:NCII it,PrmiD nG 1 4 i I (PUBLIC RIGHT-OF-WAY) " m — _ `�' I -- — �� 20'TYPE"D" — LANDSCAPE BUFFER POTENTIAL FUTURE r RIGHT OUT ONLY 'MINIMUM 6'LANDSCAPE ` ZONING:COLLIER ZONING:A +•• .. BUFFER RESERVATION • LAND USE:STORM (SEE NOTE#2) BLVD MIXED USE WATER POND COMM CNTR MPUD RESIDENTIAL LAND USE:VACANT PRESERVE — — — — — — (R2) ` MINIMUM 6'LANDSCAPE Us Os Us llw °` �► BUFFER RESERVATION — 1. — — — — I 1 2 3 5 (SEE NOTE#2) ` 30'DRAINAGE,ACCESS AND MAINTENANCE _L ~ EASEMENT(O.R.BOOK _ 4575 PAGE 3006) \\ 50'MUTUAL LEGEND \ —_i _-..I RIGHT-OF-WAY # DEVIATION INTERSTATE-75 — .( (O.R.BOOK 430 (PUBLIC RIGHT-OF-WAY) MINIMUM 6'LANDSCAPE PAGE 516) R# RESIDENTIAL BUFFER RESERVATION — _ — (SEE NOTE#2) - PRESERVE I Rs ZONING:PUD AND A -IF INGRESS/ LAND USE:VACANT 1 EGRESS WATER Bar Scale:1"=300' MANAGEMENT 0 75' 150' 300' 600' 900' PROJECT: TITLE: CLIENT: SEC:34 TWP:49S ROE:26E 1 P E N I N S U LA Designed by: NATHAN MULLINS Drawn by: NATHAN MULLINS ° ENGINEERING11 MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 w• Drawing Scale: 1 300' "MENGINEERING i EN1NGANO ZONING •LANDSCAPE ARCHITECTURE POND PUDA " " HUMANITY VIRONMENTAL SERVICES •LAN DEVELOPMENT EXHIBIT C File Neme:p-THTH-001-001-000.X02-i.dwg I 2600 Golden Gate Pkwy G 239.403.6700 Project Number: P-THTH-001-001-000 rNaples,FL 34105 Pen-Eng•oom CXD"-1 Florida Engineering CA#28275 Sheet ID: — L 6 Florida Landscape C.A#LC26000632 Sheet Number: 01 of 02 17B LAND USE SUMMARY USE ACRES %OF SITE LAKES 6.78±AC 14% EASEMENTS 1.79±AC 4% PRESERVE 9.64±AC 20% LANDSCAPE BUFFERS 1.27±AC 3% MAGNOLIA POND ROAD EASEMENT 1.73±AC 4% DEVELOPABLE AREA 25.84±AC 55% TOTAL SITE AREA 47.05±AC 100% OPEN SPACE REQUIRED 60% PROVIDED 60% PRESERVE CALCULATION PRESERVE REQUIRED: 38.54-ACRES OF EXISTING NATIVE • 25%OF EXISTING NATIVE VEGETATION VEGETATION ON-SITE X 0.25=9.64 ACRES PRESERVE PROVIDED 9.64 ACRES • DEVIATIONS (SEE EXHIBIT"C"). DEVIATION 1:RELIEF FROM LDC SECTION 4.06.02(C)2,BUFFER YARD REQUIREMENTS. • DEVIATION 2:RELIEF FROM LDC SECTION 6.06.01(0),MINIMUM RIGHT-OF-WAY WIDTHS. — DEVIATION 3:RELIEF FROM LDC SECTION 2.06.04 A.14.AND A.16. AFFORDABLE HOUSING CONDITIONS. DEVIATION 4:RELIEF FROM LDC SECTIONS 6.06.02.A.1.SIDEWALK REQUIREMENTS. DEVIATION 5:DEVIATION FROM LOC 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. 111111010 PROJECT: TITLE: CLIENT: SEC:34 TWP:49S ROE:26E a p Designed by: NATHAN MULLINS o P E N I N S U LA Drawn by: NATHAN MULLINS ENGINEERING ' MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024 Drawing Scale: N.T.S. CIVIL ENGINEERING raN • LANDSCAPE Ancw,sc,unr POND PUDA EXHIBIT NOTES HUMANITY File Name:p-THTH-001-001-000-X02-2.dwg 2600 Golden Got.Pkwy no 239.403.6700 Project Number: P-THTH-001-001-000 o Naples,FL 34105 Pan-Eng.com Sheet ID: C-XO2-2 Florida Engineering C.A#28275 Florida Landscape C.A#LC26000632 Sheet Number: 02 of 02 7 B EXHIBIT D LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD OFFICIAL RECORD BOOK 3749, PAGES 0161 0165 , ORIDA 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. tf00296760002 AN-B PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/1 OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. tf00297240000 AN-B PARCEL 21: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST , 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 1/1 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34,TOWNSHIP 19 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 19 SOUTH, RANGE 26 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, ° I 11 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 1/1 OF SECTION 31,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. ft00297280002 AN-B Magnolia Pond PUDA,PL20240010833 Page 9 of 19 Revised:5/14/2025 I 7 B PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31,TOWNSHIP 19 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR,AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009 AN-B PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/1 OF THE SOUTHWEST 1/1 OF THE NORTHWEST 1/ 1 OF SECTION 31, TOWNSHIP 19 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED 0 CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN O. R. BOOK 994, PAGES 1760 1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT OF WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS, PROPERTY LD. #00297880001 ALB PARCEL 11: 1018, PAGES 521 523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. tf00298000003 AN PARCEL 111: THAT PART-OF THE S 1/2 OF THE NW 1/1 OF SECTION 3n TOWNSHIP 49 SOUTu RANGE 26 EAST IN CO i IER 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. Magnolia Pond PUDA,PL20240010833 Page 10 of 19 Revised:5/14/2025 17B , 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: 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 BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37'19"W;THENCE LINE. PROPERTY I.D. ff00297280002 AN-B 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 1/1 OF THE SOUTHEAST 1/1 OF THE NORTHWEST 1/1 LYING IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID PROPERTY. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. S BJECT PARCEL CONTAINS � 019 396 00 S FEET OR 17 05 ACRES OF i ND MORE OR i ESS PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL I.D. #00296760002 PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL I.D. #00297240000 PARCEL 21: Magnolia Pond PUDA,PL20240010833 Page 11 of 19 Revised:5/14/2025 17B THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE SOUTH 0°20'07" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 74°09'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT; THENCE NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 0°19'13" EAST,A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY;THENCE FROM A TANGENT BEARING OF SOUTH 76°01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURE HAVING A RADIUS OF 11,297.16 FEET,THROUGH AN ANGLE OF 3°00'41" AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE;THENCE SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET;THENCE NORTH 0°20'07"WEST,ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 34, A DISTANCE OF 346.19 TO THE POINT OF BEGINNING. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT- CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00297280002 PARCELS 33 &38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR,AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009 PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNTING TO NO LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGEMENT RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297880004 PARCEL 41: Magnolia Pond PUDA,PL20240010833 Page 12 of 19 Revised:5/14/2025 17B 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: Magnolia Pond PUDA,PL20240010833 Page 13 of 19 Revised:5/14/2025 17B THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST,SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT OF THE EAST LINE OF SAID PROPERTY. PROPERTY ID#00297600006 SUBJECT TO EASEMENT, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ, FEET, OR 47.05+/-ACRES OF LAND, MORE OR LESS. Magnolia Pond PUDA,PL20240010833 Page 14 of 19 Revised:5/14/2025 17B EXHIBIT E DEVIATIONS LANDSCAPING AND BUFFERING REQUIREMENTS: Al. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Buffer Yard Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the common property line between single or two family units and multi-family units are internal to the project and employ a similar architectural theme. The planting materials shall be the same as the Type 'B' buffer. 42. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way Widths, which requires a minimum of a 60 foot width,to permit within the proposed MPUD internal roadway right-of-ways of 50 feet in width. 3. Deviation#3 seeks relief from LDC Section 2.06.04 A.14.and A.16,Affordable Housing Conditions,which require that affordable housing units be the same square footage,construction and design as the market rate dwelling units in the development and that the affordable housing units be intermixed with,and not segregated from, the market rate dwelling units in the development to instead allow for an affordable housing product to be permitted and constructed separately from the market rate apartment buildings. The affordable housing units will be owner occupied and located on the north side of Magnolia Pond Drive (R1) and all of the market rate dwelling units will be rental apartments located on the south side of Magnolia Pond Drive (R2). 4. Deviation #4 seeks relief from LDC Sections 6.06.02.A.1, Sidewalk Requirements, which requires 5' sidewalks on both sides of local streets or internal accessways which are adjacent to the development to instead allow an alternative sidewalk plan as shown in Exhibit 1 in lieu of providing sidewalk on the south side of Magnolia Pond Drive along the development's entire frontage. The alternative sidewalk plan has an existing 8' sidewalk on the north side of Magnolia Pond Drive and a 6' sidewalk from the project entrance to the east along the PUD frontage. 5. Deviation #5 seeks relief from LDC Section 4.05.04.G., Table 17, Parking Space Requirements, which requires parking for small-scale recreation facilities that are accessory to single-family or multifamily projects and intended only for the residents to instead require no parking for small-scale recreation facilities that are accessory to the market rate rental apartment units located on the south side of Magnolia Pond Drive and identified as R2 on the Master Concept Plan. Magnolia Pond PUDA,PL20240010833 Page 15 of 19 Revised:5/14/2025 17B EXHIBIT F LIST OF DEVELOPER COMMITMENTS 1. GENERAL A. The property owner, his or her assigns and or subsequent homeowners associations will be responsible for the maintenance of common areas and infrastructure associated with future development. B. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close- out of the PUD,and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Habitat for Humanity of Collier County, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Issuance of a development permit by the county does not in any way create any rights on the part of the applicant to obtain a permit from a state of federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS). D. All other applicable state or federal permits must be obtained before commencement of the development. 2. ENGINEERING A. Prior to SDP approval a FDOT"Notice of Intent to lr,uc" Right of Way permit shall be submitted for work within the S.R. 951 right of way. The project shall utilize internal loop roads whenever feasible and shall eliminate dead-end roads where practical. B. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak Magnolia Pond PUDA,PL20240010833 Page 16 of 19 Revised:5/14/2025 1 7 B hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by County Manager or designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by County Manager or designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. 3. WATER MANAGEMENT A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into Golden Gate Canal shall be submitted prior to Final Plat and/or SDP approval the commencement of construction. B. A 30'wide drainage, maintenance and access easement will be donated at no cost to the County along the entire length of the eastern property line. Said easement will be provided at the time the applicant receives an approved SOP or within 120 days of receiving a written request for the drainage easement from Collier County. Completed. C. Lake setbacks from the perimeter of the MPUD to edge of water may be reduced to twenty-five (25)feet where a six(6)foot high fence or suitable substantial barrier is erected. 4. TRAFFIC A. This project may not receive Development Order approval until fair share contribution towards by County project SAP tt60092 extending from Davis Blvd. northward to the Golden Gate canal have been approved and accepted by Collier County. 43. A minimum throat length of 100 feet shall be maintained at any gated entrance. CB. The maximum total daily trip generation for the PUD shall not exceed 246 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval.number of trips generated by any proposed development shall be based on the 125 single family units(LUC 210)defined in the TIS that generate 131 pm peak hour trips. Any mixed residential development proposed shall not exceed those 131 pm peak hour trips. Magnolia Pond PUDA,PL20240010833 Page 17 of 19 Revised:5/14/2025 17B QC. The donation of the 30'drainage, maintenance and access easement along the eastern property line represents the project's full fair share portion of the one-time maintenance/clean out costs of the MGG-15 drainage swale. Completed. €D. The property owner shall within 30 days of the adoption of this PUD convey at no cost to the County a 20'easement along the southern side of the Golden Gate Canal for use as a pedestrian and bicycle access purposes.The easement will not be used by vehicles beyond those necessary to maintain the improvements constructed within the easement. Completed. 5. ENVIRONMENTAL A. The minimum native preservation requirement shall be 10.28 9.64-acres (411.10 38.54-acres existing indigenous vegetation x 25%= 10.28 9.64-acres to be preserved). B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required preserve acreage is retained): i) Passive recreational areas including recreational shelters. ii) Biking, hiking, and nature and horse trails,and boardwalks. iii) Native preserves and wildlife sanctuaries. iv) Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of the next Development Order. D. A Gopher Tortoise relocation management plan shall be submitted as part of the next Development Order. E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises shall be provided within thirty days of relocation. The report must contain the following information: • the number of burrows excavated, • the number of tortoises relocated,and • the final relocation site. F. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6'wide reservation to meet the buffer requirements.The type, size, and number of such plantings, if necessary,will be determined at time of initial SDP or PPL and included on the landscape plans for the SDP or PPL. Magnolia Pond PUDA,PL20240010833 Page 18 of 19 Revised:5/14/2025 17B 6. ARCHITECTURAL A. All buildings, lighting,signage,and landscaping within the individual development tracts located on the north and south side of Magnolia Pond Drive and identified as R1 and R2 on the Master Concept Plan shall each be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of thebuildings, signs, and fences/walls to be erected on ai•i each of the subject parcels. Landscaping space and streetscape materials along Magnolia Pond Drive frontages shall aise be similar in design for all development tracts throughout the subject site. any single family or two family project all roofs,except for carports,shall be p akcd and finished in tile, metal,or architecturally designed shingles (such as Timberline). 7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS A. Care units may be composed of one or more types of care/housing facilities.These care/housing types include, but are not limited to independent living,assisted living,and nursing homes,each of which can have varying operational characteristics.The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: (i) There shall be on-site dining facilities for the residents with food service being on-site or catered. (ii) Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits, (iii) There shall be an on-site manager/activities coordinator to assist residents, and shall be responsible for planning and coordinating stimulating activities for the residents. (iv) A wellness facility shall be provided on- site to provide for exercise and general fitness opportunities for the residents. (v) Each unit shall be equipped with a device to notify emergency service providers in the event of a medical or other emergency. (vi) For independent living units, each unit shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. 8. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement,the Developer has agreed to construct 165 affordable units for households whose initial certified incomes are in or below the low-and very-low category(below 80 percent of the Area Median Income)for Collier County. 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