Ordinance 2025-46 ORDINANCE NO. 2025-4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 10-06, THE MAGNOLIA POND PLANNED UNIT
DEVELOPMENT (PUD), TO INCREASE THE DWELLING UNITS
FROM 231 TO 550 WITH AN AFFORDABLE HOUSING
AGREEMENT, TO INCREASE MAXIMUM BUILDING HEIGHTS,
ADD DEVIATIONS, AND REVISE THE MASTER PLAN; AND BY
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS
LOCATED WITHIN THE COLLIER BOULEVARD INTERCHANGE
INNOVATION ZONE ZONING OVERLAY (CBIIZO), PARTIALLY
WITHIN WELLFIELD RISK MANAGEMENT SPECIAL
TREATMENT OVERLAY ZONES W-3 AND W-4 AND LOCATED ON
THE NORTH SIDE OF INTERSTATE 75, % MILE WEST OF
COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 47.051 ACRES. (PL20240010833)
WHEREAS, on February 23, 2010, the Board of County Commissioners adopted
Ordinance No. 10-06, which established the Magnolia Pond Mixed Use Planned Unit
Development(the "Magnolia Pond MPUD"); and
WHEREAS, Habitat for Humanity of Collier County represented by Christopher Scott,
AICP, of Peninsula Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich
& Koestner, P.A., petitioned the Board of County Commissioners to amend the Magnolia Pond
MPUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Amendment to PUD Document.
Exhibits A through F attached to Ordinance No. 10-06, as amended, are hereby amended
and replaced with the Exhibits A through F attached hereto and incorporated herein.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
[25-CPS-02589/1950045/1]97 1 of 2
Magnolia Pond-PUDA-PL20240010833
6/4/25
PASSED AND DULY ADOPTED by super-majority vo e of the Board of County
Commissioners of Collier County, Florida, this I LIM day of UCJ7 {)Lc , 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
BY 1-L' .� f�joim4)1
By: o .......
,,,
.. .4,,
Attes 'as" } k urt L. Saunders, Chairman
it 1. si9nature.anly
Approved as to form and legality:
ilt4
eidi 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
This ordinance filed with the
Se�cretory of Sf4tratWs Officeh 3
+
cruel cckr owE ech3ern nn t of th hClt
of ,-
2,124
[25-CPS-02589/1950045/1]97 2 of 2
Magnolia Pond-PUDA-PL20240010833
6/4/25
EXHIBIT A
LIST OF PERMITTED USES
The Magnolia Pond PUD is+47.05 acres in size and has a maximum number of 231 550 dwelling units permitted
with a density of 4,9 11.7 dwelling units per acre.
PERMITTED USES
No building, structure or part thereof,shall be erected, altered or used,or land used, in whole or part,for other
than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line), limited to a maximum of 125 units.
2. Two-family dwellings and duplexes.
3. Multi-family dwellings (includes buildings containing more than 2 units that are physically
connected).
4. Assisted living facilities at a F.A.R. of .60 (for each four ALF units developed, one residential.
dwelling unit shall be subtracted from the maximum of 231 permitted dwelling units).
5. Any other permitted use deemed compatible by the Board of Zoning Appeals or the Hearing
Examiner by the process outlined in the LDC.
B. Permitted Accessory Uses and Structures:
Accessory uses and structures customarily associated with the permitted principal uses and structures, including
but not limited to:
1. Customary accessory uses and structures including carports,garages, and utility buildings.
2. Recreational uses and facilities including clubhouses, swimming pools, tennis courts, volleyball
courts, children's playground areas, tot lots, boat docks, walking paths, horse trails and barns,
kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and
basketball/shuffle board courts for residents and their guests.
3. Manager's residences and offices, temporary sales trailers, and model units.
4. Gatehouse.
5. Essential services, including interim and permanent utility and maintenance facilities.
6. Any other accessory use deemed compatible by the Board of Zoning Appeals or the Hearing
Examiner by the process outlined in the LDC.
Magnolia Pond PUDA,PL20240010833 Page 1 of 19 Revised:5/14/2025
EXHIBITB
TABLE I
RESIDENTIAL DEVLEOPMENT STANDARDS
STANDARDS SINGLE FAMILY TWO FAMILY MULTI FAMILY ASSISTED LUBHOUSE
LIVING FACILITY
Min. Lot Area , 00 sq.ft. 5,000 sq. ft. 4,000 sq.ft. 10,000 sq.ft. 7,500 sq. ft.
{per unit/use)
Min. Lot Width 50 fc interior 90 feet interior 44A 75 feet 50 feet interior
14 (1) (45 fcct)(2) {1)
e -- _ -- 110 feet corner 60 feet corner
lots(55 feet)(2}
Front Yard 15 feet(5} 5 feet(5) 25 feet 25 feet 25 feet
Setback
Side Yard 0 feet& 10 feet 0 fe.t& 10 feet 15 feet 15 feet 15 feet
Setback or both 5 feet or bo 5 feet
Rear Yard
Setback
Principal: 20 feet 20 feet 0 feet 20 feet 20 feet
Accessory: 10 feet 10 feet -- 10 feet 10 feet
MPUD
Boundary
Setback:
20 feet(3} 20 fe't(3) 20 feet(3) 20 feet(3} 20 feet(3}
Principal
10 feet ! -- 10 feet 10 feet 10 feet
Accessory
Magnolia Pond PUDA,PL20240010833 Page 2 of 19 Revised:5/14/2025
' NDARDS I SINGLE FAMILY TWO FAMILY MULTI FAMILY ASSISTED CLUBHOUSE
LIVING
FACILITY
- .. _ - 75 feet 75 feet 75 feet 75 feet --
7-5
Garage 23 feet 23 feet 23 feet 23 feet 2 cet
Setback(')
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 ;um of the sum of the
Principal building : :'-: building
Structures heights. eights. heights.
Distance 10 feet .I feet 10 feet 10 feet 10 feet
between
Accessory
Structures:
Maximum
Zoned Height
Principal: 35 feet and 2 -- _ _ 3: feet and 3 38 feet and 3 35 feet and 2
stories stories ,torics stories stories
Accessory: 20 feet 20 feet •! -- 20 feet 20 feet
Maxim-um
Actual Height
Principal: 412 feet and 2 412 feet nd 2 15 feet and 3 415 feet and 3 42 feet and 2
stories storic stories stories stories
Accessory: 27 feet 27 f-et27 feet 27 feet 20 feet
Minimum 1200 sq.ft. 1 00 sq.ft. 1 bdr. 650 sq. {-6-) 1200 sq.ft.
floor Ar a f
2 bdr. 900 sq.
3 bdr 1050
Minimum 2 car :arage 1 car garage 1 carport {-7) NA
carport or space or 1 car
garage per unit garage
{1) May be reducer on cul de sac lots.
{2) Minimum to rontage in parentheses applies only in cases where a dwelling unit in a 2 family tructure is on
{3)Three s.ery buildings shall be set back a minimum of three hundred feet from the Golden Gate C al right
Magnolia Pond PUDA,PL20240010833 Page 3 of 19 Revised:5/14/2025
(4)A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage.
shall be calculated per the permitted F.A.R. of.60.
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.
Magnolia Pond PUDA,PL20240010833 Page 4 of 19 Revised:5/14/2025
EXHIBIT B
DEVELOPMENT STANDARDS
SINGLE- TWO-FAMILY/ ASSISTED LIVING
STANDARDS MULTIFAMILY CLUBHOUSE1
FAMILY DUPLEX FACILITY
MIN. LOT AREA 7,500 S.F. 3,000 S.F./UNIT 10,000 S.F. 10,000 S.F. 7,500 S.F.
MIN. LOT WIDTH 50' 45' 100' 75' 50'
MIN. FLOOR AREA 1,200 SF 1,100 S.F./UNIT 650 S.F./UNIT N/A N/A
FLOOR AREA RATIO N/A N/A N/A 0.60 N/A
MIN. I-75 SETBACK2 75' 75' 75' 75' 75'
MIN.GOLDEN GATE
CANAL SETBACK 300' 300' 300' 300' 300'
PRINCIPAL STRUCTURES
MIN. FRONT YARD 15' 15' 25' 25' 25'
MIN.SIDE YARD 5' 0 OR 5'3 15' 15' 15'
MIN. REAR YARD 20' 20' 20' 20' 20'
MIN. PRESERVE
SETBACK 25' 25' 25' 25' 25'
MIN. DISTANCE N/A 0 OR 10' 30' 20' 20'
BETWEEN STRUCTURES
MAX. BUILDING
35' 35' 57' 50' 35'
HEIGHT-ZONED
MAX. BUILDING
HEIGHT-ACTUAL 42' 42' 65' 62' 42'
ACCESSORY STRUCTURES
MIN. FRONT YARD SPS SPS SPS SPS SPS
MIN.SIDE YARD SPS SPS SPS SPS 10'
MIN. REAR YARD 10' 10' 10' 10' 10'
MIN. PRESERVE
10' 10' 10' 10' 10'
SETBACK
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'
i
SPS=Same as Principal Structure
Footnotes:
1. Clubhouses that are located within a multifamily residential building are subject to development standards
for multifamily dwellings.
2. Buildings that are three-stories or taller must be setback a minimum of 100'from 1-75.
3. Side setback may be 0'or 5' provided 10' separation between adjacent principal structures is maintained if
not structurally attached.
NOTE: Setbacks that conflict with utility standards for the required separation between utility infrastructure
and buildings or structures do not constitute an approved deviation
Magnolia Pond PUDA,PL20240010833 Page 5 of 19 Revised:5/14/2025
EXHIBIT C
MPUD MASTER PLAN
Magnolia Pond PUDA,PL20240010833 Page 6 of 19 Revised:5/14/2025
ZONING:RSF-3
LAND USE:RESIDENTIAL - --
_. 15'TYPE"B"
25'MUTUAL RIGHT-OF-WAY EASEMENT LANDSCAPE ,,
GOLDEN GATE CANAL (OR.BOOK 1040 PAGE 1333) - BUFFER _ id
ZONING:GOLDEN NI
GATE COMMERCE
PARK MPUD
LAND USE:SCHOOL
15'TYPE"B"
• LANDSCAPE
BUFFER
50'MUTUAL
•� RIGHT-OF-WAY
I _` EASEMENT(O.R.
'�BOOK351 PAGE 171)
15'TYPE"B" I `
LANDSCAPE+ ►- I •\
BUFFER 1 -_
SS
LAND USE:SCHOOL TEAS MENT TO.RA OOK
k I 4575 PAGE 3010)
RESIDENTIAL
(R1) ( ZONING:GOLDEN GATE
COMMERCE PARK MPUD
LAND VACANT
PRESERVE
e 1 12 1 3 I III I LANDSCAPE
NDSCA E
s BUFFER
E
r 50'MUTUAL
RIGHT-OF-WAY
F 20'TYPE"D" EASEMENT(O.R.BOOK
E
50'MUTUAL RIGHT-OF-WAY EASEMENT I LANDSCAPE BUFFER 1 359 PAGE 609&O.R.
(O.R.BOOK 1040 PAGE 1333) — — _ BOOK 426 PAGE 121)
- - --= -- it-1 { MAGNOLIA POND DR
MADNOI IA Pnrdn OP I 1 i= Y" (PUBLIC RIGHT-OF-WAY)
- - - --', """ " I _
. — I
�� 20'TYPE"D" l
` "` LANDSCAPE BUFFER 7I POTENTIAL FUTURE
u �` a '"" "` "" °'"' '°' e.--� r� RIGHT OUT ONLY
T. -MINIMUM 6'LANDSCAPE 1---1 - ZONING:COLLIER
ZONING:A .W. .. .- BUFFER RESERVATION BLVD MIXED USE
r LAND USE:STORM - - (SEE 1NOTE#y2) I COMM CNTR MPUD
WATER POND RESIDENTIAL LAND USE:VACANT
_ _ _ _ PRESERVE
a
(R2) MINIMUM 6'LANDSCAPE
a '"`' "` "` "` '"" " ..-.. i- BUFFER RESERVATION
- - - - 1 2 n 5 (SEE NOTE#2)
30'DRAINAGE,ACCESS
AND MAINTENANCE
_L ~, EASEMENT(O.R.BOOK
4575 PAGE 3006)
I
\�� - 50'MUTUAL
LEGEND \ RIGHT-OF-WAY
EASEMENT
L'J DEVIATION INTERSTATE-75 �— ` '- (O.R.BOOK 430
(PUBLIC RIGHT-OF-WAY) MINIMUM 6'LANDSCAPE a a PAGE 516)
R# RESIDENTIAL BUFFER RESERVATION — —
4 (SEE NOTE#2)
PRESERVE
,��, ZONING:PUD AND A
g i� PUD INGRESS/ LAND USE:VACANT
r _j► EGRESS
WATER Bar Scale: 1"=300'
I MANAGEMENT 0 75' 150' 300' 600' 900'
I
•
H." PROJECT: TITLE. CLIENT. SEC:34 TWP:49S RGE:26E
g P E N I N S U LA Designed by: NATHAN MULLINS
Drawn by: NATHAN MULLINS
ENGINEERING MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024
N Drawing Scale: 1-=300'
n."""`"M1"e`°N'" •5 �VE,OPE P,,r"i��� POND PUDA EXHIBIT °Cr HUMANITY File Name:P-THTH-001A01-G00-X02-1.dwq
2600 Golden Gate Pkwy}vr 239.403.6700 Project Number: P-THTH-001-001-000
Naples,FL 34105 Pen-Eng.com O2-1
Florida Engineenng C.A#28275 Sheet ID: C C-X X
i Florida Landscape C.A#LC26000632 Sheet Number. 01 of 02
LAND USE SUMMARY
USE ACRES %OF SITE
LAKES 6.78±AC 14%
EASEMENTS 1.79±AC 4%
PRESERVE 9.64±AC 20%
LANDSCAPE BUFFERS 1.27±AC 3%
MAGNOLIA POND ROAD EASEMENT 1.73±AC 4%
DEVELOPABLE AREA 25.84±AC 55%
TOTAL SITE AREA 47.05±AC 100%
OPEN SPACE
REQUIRED 60%
PROVIDED 60%
PRESERVE CALCULATION
PRESERVE REQUIRED: 38.54-ACRES OF EXISTING NATIVE
25%OF EXISTING NATIVE VEGETATION VEGETATION ON-SITE X 0.25=9.64 ACRES
PRESERVE PROVIDED 9.64 ACRES
• DEVIATIONS (SEE EXHIBIT"C").
• DEVIATION 1:RELIEF FROM LDC SECTION 4.06.02(C)2,BUFFER YARD REQUIREMENTS.
• DEVIATION 2:RELIEF FROM LDC SECTION 6.06.01(0),MINIMUM RIGHT-OF-WAY WIDTHS.
DEVIATION 3:RELIEF FROM LDC SECTION 2.06.04 A.14.AND A.16. AFFORDABLE HOUSING CONDITIONS.
DEVIATION 4:RELIEF FROM LDC SECTIONS 6.06.02.A.1.SIDEWALK REQUIREMENTS.
DEVIATION 5:DEVIATION FROM LDC SECTION 4.05.04.G.,TABLE 17,PARKING SPACE REQUIREMENTS.
NOTES.
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS.AREAS PROVIDED IN THE LAND USE SUMMARY
ti ABOVE ARE ESTIMATED AN THE FINAL LAND USE CONFIGURATION WILL BE DETERMINED AT THE TIME OF FINAL DESIGN AND PERMITTING.
P
x2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND
4.06.05.E.1.SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07.IN ORDER TO MEET THE LDC BUFFER
REQUIREMENTS,A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN.IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER
REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE,PLANTINGS WILL BE PROVIDED IN THE 6'WIDE RESERVATION TO MEET THE
BUFFER REQUIREMENTS.THE TYPE,SIZE,AND NUMBER OF SUCH PLANTINGS,IF NECESSARY,WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE
LANDSCAPE PLANS FOR THE SDP OR PLAT.
PROJECT: TITLE: CLIENT: SEC:34 TWP:49S RGE:26E
EPEN •. Designed by: NATHAN MULLINS
1 N S U LA pit Drawn by: NATHAN MULLINS
ENGINEERING NI MAGNOLIA MASTER PLAN HABITAT FOR Date: NOVEMBER2024
Drawing Scale: N.T.S.
� - ^ .` " n,ae POND PUDA EXHIBIT NOTES HUMANITY File Name:P-THTH-001-001-000-X02-2.dwR
2600 Goltlen Gate Pkwy^nc 239.403.6700 Project Number P-THTH-001-001-00000
Naples,FL 34105 Pen-Eng.com Sheet ID: C-XO2-''
Florida Engineering CA#28275
it Florida Landscape C.A 8LC26000632 Sheet Number: 02 of 02
EXHIBIT D
LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD
OFFICIAL RECORD BOOK 3719, PAGES 0161 0165
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 19 SOUTu RANGE 26 EAST COL i IER COUNTY F ORIDA
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 8:
THE WEST 1/2 OF THE NORTHEAST 1/1 OF THE SOUTHEAST 1/1 OF THE NORTHWEST 1/1 IN SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
PROPERTY I.D. #00296760002
AND
PARCEL 20:
THE EAST 1/2 OF THE SOUTHEAST 1/1 OF THE NORTHEAST 1/1 OF THE NORTHWEST 1/1 OF SECTION 34,
TOWNSHIP 19 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY I.D. #00297210000
AND
PARCEL 21:
THE EAST 1/2 OF THE NORTHEAST 1/1 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/1 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 1/1 OF THE NW 1/4 OF SECTION 31,TOWNSHIP 19 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EAST; RUN THENCE, SOUTH 00°20'07" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/1 OF SAID SECTION
34,A DISTANCE OF 2,321.86 FEET FOR THE POINT OF BEGINNING: THENCE NORTH 71°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°01'11" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A
RADIUS OF 11,297.16 FEET, THROUGH AN ANGLE OF 03°00'11" 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 1/1 OF SECTION 31,A DISTANCE OF 316.19 FEETTO 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
AN
Magnolia Pond PUDA,PL20240010833 Page 9 of 19 Revised:5/14/2025
PARCELS 33&38:
THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4-OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49
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. tf00297720009
AN-B
PARCEL 39:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/1 OF THE NORTHWEST 1/ 1 OF SECTION 31,
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.
•
SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS,
PROPERTY LD.tf00297880001
AND
PARCEL 41:
THE WEST 1/2 OF THE NORTHWEST 1/1 OF THE SOUTHEAST 1/1 OF THE NORTHWEST 1/1 OF SECTION 31,
1048, PAGES 521 523,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY I.D. ff00298000003
AND
PARCEL 111:
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;
POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD
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.
REMAINING IN PLACE AND IN USE IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING
PURPOSES.
Magnolia Pond PUDA,PL20240010833 Page 10 of 19 Revised:5/14/2025
RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS,
LIGHT,AIR, AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS:
STATE ROAD 93 (I 75); ALONG THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE CENTER OF SAID SECTION 31, TOWNSHIP 19 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
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
ARC DISTANCE OF 219.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS
LINE.
PROPERTY I.D. tf00297280002
AND
THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2901, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/1 OF THE NORTHWEST 1/4 LYING IN SECTION 31,
TOWNSHIP AO SO ITH RANGE 26 EAS CO I IER CO INTY FLORID
AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2710 MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE EST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
•
EASEMENT ON THE EAST LINE OF SAID PROPERTY.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 47.05+ACRES OF LAND, MORE OR LESS.
PARCEL 8:
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL I.D.#00296760002
PARCEL 20:
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL I.D.
#00297240000
PARCEL 21:
Magnolia Pond PUDA,PL20240010833 Page 11 of 19 Revised:5/14/2025
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT
LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST; RUN THENCE SOUTH 0°20'07" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 74°09'17" WEST, A
DISTANCE OF 323.86 FEET TO A POINT; THENCE NORTH 73°00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE
SOUTH 0°19'13" EAST,A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY;THENCE
FROM A TANGENT BEARING OF SOUTH 76°01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURE HAVING A
RADIUS OF 11,297.16 FEET,THROUGH AN ANGLE OF 3°00'41"AN ARC DISTANCE OF 593.78 FEET TO THE END OF
SAID CURVE;THENCE SOUTH 73°00'23" EAST A DISTANCE OF 92.07 FEET;THENCE NORTH 0°20'07"WEST,ALONG
THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 34,A DISTANCE OF 346.19 TO THE POINT OF BEGINNING.
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL
SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT-
CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY I.D.#00297280002
PARCELS 33 &38:
THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 49
SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS, AND MINERAL RIGHTS NOW OWNED BY THE
GRANTOR, AMOUNTING TO NOT LESS THAN 25%.
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL
SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009
PARCEL 39:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST,TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR AMOUNTING TO NO LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT
CERTAIN STIPULATED FINAL JUDGEMENT RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL
SECTION LINES INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297880004
PARCEL 41:
Magnolia Pond PUDA,PL20240010833 Page 12 of 19 Revised:5/14/2025
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
1048, PAGE 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D.#00298000003
PARCEL 114:
THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION 34; THENCE RUN N 16°59'37" E, A DISTANCE OF 162.00 FEET;
THENCE N 73°00'33"W,A DISTANCE OF 893.75 FEET;THENCE N 16°59'27" E,A DISTANCE OF 162.00 FEET TO THE
POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD
BEARING OF N 73°37'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16
FEET,THROUGH AN ANGLE OF 1°13'41",AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE;THENCE
N 88°28'35" E, A DISTANCE OF 336.37 FEET; THENCE S 01°19'13" E, A DISTANCE OF 109.09 FEET; THENCE N
73°00'33" W,A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING.
SUBJECT TO RESTRICTIONS, RESERVATIONS,CONDITIONS AND EASEMENTS OF RECORD AND UTILITY REMAINING
IN PLACE AND IN USE, IF ANY,THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES.
RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS,
LIGHT,AIR, AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS:
STATE ROAD 93 (1-75);ALONG THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE CENTER OF SAID SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N
16°59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73°00'33" W A DISTANCE OF 893.75 FEET; THENCE N
16°59'27" E A DISTANCE OF 152.00 FEET;THENCE S 73°00'33" E A DISTANCE OF 102.33 FEET TO THE BEGINNING
OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73°00'33" W A DISTANCE OF 102.33 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73°37' 19" W;
THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF
01°13'41" AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED
LIMITED ACCESS LINE. PROPERTY I.D.#00296721009
PARCEL 9:
THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY ID#00296800001
PARCEL 30:
THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2704 MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Magnolia Pond PUDA,PL20240010833 Page 13 of 19 Revised:5/14/2025
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 34,TOWNSHIP 49 SOUTH, RANGE 26 EAST,SAME BEING FIVE ACRES MORE OR LESS.
SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE
EASEMENT OF THE EAST LINE OF SAID PROPERTY. PROPERTY ID#00297600006
SUBJECT TO EASEMENT, RESTRICTIONS AND RESERVATIONS OF RECORD.
SUBJECT PARCEL CONTAINS 2,049,396.00 SQ, FEET, OR 47.05+/-ACRES OF LAND, MORE OR LESS.
Magnolia Pond PUDA,PL20240010833 Page 14 of 19 Revised:5/14/2025
EXHIBIT E
DEVIATIONS
LANDSCAPING AND BUFFERING REQUIREMENTS:
Al. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Buffer Yard Requirements, which requires an
Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the
common property line between single or two family units and multi-family units are internal to the
project and employ a similar architectural theme. The planting materials shall be the same as the Type
'B' buffer.
82. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way Widths, which requires a
minimum of a 60 foot width,to permit within the proposed MPUD internal roadway right-of-ways of 50
feet in width.
3. Deviation#3 seeks relief from LDC Section 2.06.04 A.14.and A.16,Affordable Housing Conditions,which
require that affordable housing units be the same square footage,construction and design as the market
rate dwelling units in the development and that the affordable housing units be intermixed with,and not
segregated from, the market rate dwelling units in the development to instead allow for an affordable
housing product to be permitted and constructed separately from the market rate apartment buildings.
The affordable housing units will be owner occupied and located on the north side of Magnolia Pond
Drive (R1) and all of the market rate dwelling units will be rental apartments located on the south side
of Magnolia Pond Drive (R2).
4. Deviation #4 seeks relief from LDC Sections 6.06.02.A.1, Sidewalk Requirements, which requires 5'
sidewalks on both sides of local streets or internal accessways which are adjacent to the development
to instead allow an alternative sidewalk plan as shown in Exhibit 1 in lieu of providing sidewalk on the
south side of Magnolia Pond Drive along the development's entire frontage. The alternative sidewalk
plan has an existing 8' sidewalk on the north side of Magnolia Pond Drive and a 6' sidewalk from the
project entrance to the east along the PUD frontage.
5. Deviation #5 seeks relief from LDC Section 4.05.04.G., Table 17, Parking Space Requirements, which
requires parking for small-scale recreation facilities that are accessory to single-family or multifamily
projects and intended only for the residents to instead require no parking for small-scale recreation
facilities that are accessory to the market rate rental apartment units located on the south side of
Magnolia Pond Drive and identified as R2 on the Master Concept Plan.
Magnolia Pond PUDA,PL20240010833 Page 15 of 19 Revised:5/14/2025
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
1. GENERAL
A. The property owner, his or her assigns and or subsequent homeowners associations will be
responsible for the maintenance of common areas and infrastructure associated with future
development.
B. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-
out of the PUD,and this entity shall also be responsible for satisfying all PUD commitments until
close-out of the PUD. At the time of this PUD approval, the Managing Entity is Habitat for
Humanity of Collier County, Inc. Should the Managing Entity desire to transfer the monitoring
and commitments to a successor entity, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. After such
approval, the Managing Entity will be released of its obligations upon written approval of the
transfer by County staff, and the successor entity shall become the Managing Entity. As Owner
and Developer sell off tracts, the Managing Entity shall provide written notice to County that
includes an acknowledgement of the commitments required by the PUD by the new owner and
the new owner's agreement to comply with the Commitments through the Managing Entity, but
the Managing Entity shall not be relieved of its responsibility under this Section.When the PUD
is closed-out, then the Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
C. Issuance of a development permit by the county does not in any way create any rights on the
part of the applicant to obtain a permit from a state of federal agency and does not create any
liability on the part of the county for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law. (Section 125.022, FS).
D. All other applicable state or federal permits must be obtained before commencement of the
development.
2. ENGINEERING
A. Prior to SDP approval a FDOT"Notice of Intent to Issue" Right of Way permit shall be submitted
for work within the S.R. 951 right of way.
The project shall utilize internal loop roads whenever feasible and shall eliminate dead-end roads
where practical.
B. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan
(SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater
collection/transmission system may be required to adequately handle the total estimated peak
Magnolia Pond PUDA,PL20240010833 Page 16 of 19 Revised:5/14/2025
hour flow from the project. Whether or not such improvements are necessary, and if so, the
exact nature of such improvements and/or upgrades shall be determined by County Manager or
designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary
shall be permitted and installed at the developer's expense and may be required to be in place
prior to issuance of a certificate of occupancy for any portion or phase of the development that
triggers the need for such improvements and/or upgrades.
C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan
(SDP) approval, as the case may be, offsite improvements and/or upgrades to the water
distribution/transmission system may be required to adequately handle the total estimated peak
hour flow from the project. Whether or not such improvements are necessary, and if so, the
exact nature of such improvements and/or upgrades shall be determined by County Manager or
designee during PPL or SDP review. Such improvement and/or upgrades as may be necessary
shall be permitted and installed at the developer's expense and may be required to be in place
prior to issuance of a certificate of occupancy for any portion or phase of the development that
triggers the need for such improvements and/or upgrades.
3. WATER MANAGEMENT
A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into Golden
Gate Canal shall be submitted prior to Final Plat and/or SDP approval the commencement of
construction.
B. A 30'wide drainage, maintenance and access easement will be donated at no cost to the County
along the entire length of the eastern property line. Said easement will be provided at the time
the applicant receives an approved SOP or within 120 days of receiving a written request for the
drainage easement from Collier County. Completed.
C. Lake setbacks from the perimeter of the MPUD to edge of water may be reduced to twenty-five
(25)feet where a six(6)foot high fence or suitable substantial barrier is erected.
4. TRAFFIC
A. This project may not receive Development Order approval until fair share contribution towards
have been approved and accepted by Collier County.
4. 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
DC. The donation of the 30'drainage, maintenance and access easement along the eastern property
line represents the project's full fair share portion of the one-time maintenance/clean out costs
of the MGG-15 drainage swale. Completed.
ED. The property owner shall within 30 days of the adoption of this PUD convey at no cost to the
County a 20'easement along the southern side of the Golden Gate Canal for use as a pedestrian
and bicycle access purposes.The easement will not be used by vehicles beyond those necessary
to maintain the improvements constructed within the easement. Completed.
5. ENVIRONMENTAL
A. The minimum native preservation requirement shall be 10.28 9.64-acres (011.10 38.54-acres
existing indigenous vegetation x 25%= 10.28 9.64-acres to be preserved).
B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required
preserve acreage is retained):
i) Passive recreational areas including recreational shelters.
ii) Biking, hiking, and nature and horse trails,and boardwalks.
iii) Native preserves and wildlife sanctuaries.
iv) Any other use deemed consistent with the LDC for permitted uses in preserves or
deemed compatible by the BZA at time of Development Order approval.
C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of
the next Development Order.
D. A Gopher Tortoise relocation management plan shall be submitted as part of the next
Development Order.
E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises
shall be provided within thirty days of relocation. The report must contain the following
information:
• the number of burrows excavated,
• the number of tortoises relocated, and
• the final relocation site.
F. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation
removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with
native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC
buffer requirements after removal of exotics and supplemental planting within the preserve,
plantings will be provided in the 6' wide reservation to meet the buffer requirements.The type,
size, and number of such plantings, if necessary,will be determined at time of initial SDP or PPL
and included on the landscape plans for the SDP or PPL.
Magnolia Pond PUDA,PL20240010833 Page 18 of 19 Revised:5/14/2025
6. ARCHITECTURAL
A. All buildings, lighting, signage,and landscaping within the individual development tracts located
on the north and south side of Magnolia Pond Drive and identified as R1 and R2 on the Master
Concept Plan shall each be architecturally and aesthetically unified. Said unified architectural
theme shall include: a similar architectural design and use of similar materials and colors
throughout all of thebuildings, signs, and fences/walls to be erected on a44 each of the subject
parcels. Landscaping space and streetscape materials along Magnolia Pond Drive frontages shall
.2-4se be similar in design for all development tracts throughout the subject site.Within any multi
in the etal or ar ",+^ � designed s4a+nglcs(such as Timberline).
7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS
A. Care units may be composed of one or more types of care/housing facilities.These care/housing
types include, but are not limited to independent living, assisted living,and nursing homes,each
of which can have varying operational characteristics.The following characteristics of care units
distinguish them from residential land uses, and all of the characteristics must be provided for
and maintained to be considered a care unit:
(i) There shall be on-site dining facilities for the residents with food service being on-site or
catered.
(ii) Group transportation services shall be provided for the residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
coordinated for the residents needs, including but not limited to medical office visits,
(iii) There shall be an on-site manager/activities coordinator to assist residents, and shall be
responsible for planning and coordinating stimulating activities for the residents.
(iv) A wellness facility shall be provided on- site to provide for exercise and general fitness
opportunities for the residents.
(v) Each unit shall be equipped with a device to notify emergency service providers in the
event of a medical or other emergency.
(vi) For independent living units, each unit shall be designed so that a resident is able to age
in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate
a wheelchair bound resident or bathrooms may be retrofitted to add grab bars.
8. AFFORDABLE HOUSING
A. As documented in the Affordable Housing Density Bonus Agreement, the Developer has agreed
to construct 165 affordable units for households whose initial certified incomes are in or below
the low-and very-low category(below 80 percent of the Area Median Income)for Collier County.
Magnolia Pond PUDA,PL20240010833 Page 19 of 19 Revised:5/14/2025
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 17, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite#401
Naples,FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-46,which was filed in this office on October 17,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270