Ordinance 85-66 CLERK OF gOARD
OOLL/ER OOUtlT¥. F'LORfl)A
ORDINANCE 85- 66
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 50-26-4 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM GC AND RMF-16 TO
"PUD" PLANNED UNIT DEVELOPMENT FOR LELY SQUARE,
A COMMERCIAL PUD, LOCATED ON THE NORTHEAST
CORNER OF ST. ANDREWS BOULEVARD AND US-41; AND
BY PROVIDING AN EFFECTIVE DATE:
WHEREAS, Agnolt, Assaad, Barber, Brundage & Shannon,
representing Naples Cou~unity Golf Course, lnc. and Industrial
Concern and Investment Co., N.V., petitioned the Board of County
Commissioners to change the Zoning Classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 19, Township 50 S., Range 26 E., Collier County,
Plorida is changed from CC and RMF-16 to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto as
Exhibit "A" which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Number 50-26-4 as described
in Ordinance 82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
that is has been filed with the Secretary of State.
DATE: November 12, 1985
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDINANCE NO. 85-66
which was adopted by the Board of County Commissioners of Collier County,
Florida, this 12th day of November, 1985.
WITNESS my hand and the official seal of the Board of County Com-
missioners of Collier County, Florida, this 15th day of Nov.e. mber, .1985,
Wi ,.i j, cAN '
Clerk of Courts and~flg~ ':'~.. '"~.--~ .'
Ex-Officio to Boa~ ~-" ..i"., '.",p -.. o~ ..
County Commissio~.~ · .."?.
Vir~ta ~gri~e~u~y ~rk' '" ~Pl' ~ [ ~ ~"
LELY SOUARE
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
NAPLES COMMUNITY GOLF COURSE, INCORPORATED AND
INDUSTRIAL CONCERN AND INVESTMENT CO., N.V.
MR. RICHARD L. KLAAS, PRESIDENT
PREPARED
WAFAA F. ASSAAD, A.I.C.P.
AGNOLI, ASSAAD, BARBER & BRUNDAGE, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
7400 TAMIAMI TRAIL NORTH
NAPLES, FLORIDA 33963
August 16, 1985
SECTION I
SECTION II
SECTION III
SECTION IV
EXHIBIT
INDEX & LIST OF EXHIBITS
PAGE
GENERAL DEVELOPMENT INFORMATION
COMMERCIAL PARCEL/TRACT "I"
LIBRARY PARCEL/TRACT "II"
DEVELOPMENT COMMITMENTS
1-1
2-1
3-1
4-1
LELY SOUARE PRELIMINARY P.U.D. MASTER PLAN
(Prepared by Agnoli, Assaad, Barber & Brundage, Inc.,
File No. 425)
SECTION 1
GENERAL DEVELOPMENT INFORMATION
1.01
1.02
1.03
1.04
1.05
1.06
INTRODUCTION AND PURPOSE
It is the intent of Naples Community Golf Course, Inc. and
Industrial Concern and Investment Co., N.Y. (Richard L. Klaas,
President); hereinafter called "applicant" or "developer"; to
establish and develop a Planned Unit Development (PUD) on
certain properties located in Collier County, Florida.
SHORT TITLE
This Ordinance/P~D development shall be known and cited as
The Lely Square PUD.
UNIFIED CONTROL
Subject property is currently under the unified control of
the Applicant/Developer.
STATEMENT OF COMPLIANCE
This PUD is consistent with the Comprehensive Plan and other
applicable development regulations in Collier County.
GENERAL DESCRIPTION
Subject property is approximately 6.19 acres and is located
at the northwest corner of St. Andrews Boulevard and the
East Tamiami Trail (U.S. 41). It is the intent of the
Developer to provide a commercial complex as shown on the
Master Plan.
LEGAL DESCRIPTION
Descrfption of Parcel
Part of Tract "K", Lely Golf Estates, according to the plat
thereof, as recorded in Plat Book 8, page 20, Collier County
Public Records, Collier County, Florida, being more
particularly described as follows:
1-!
Beginning at the northwest corner of said Tract
"K", said corner being a point on the
northeasterly right-of-way line of U.S. 41 and
being marked by a concrete monument found in
place;
thence North 50" 53' 40" East along the
northwesterly line of said Tract "K", 150.00 feet
to the northeast corner of said Tract "K";
thence South 71" 13' 07" East along the northerly
line of said Tract "K", 405.53 feet;
thence leaving said northerly line of said Tract
"K", South 24" 46' 53" West 150.21 feet;
thence South 29" 26' 58" East 252.17 feet;
thence South 66" 23' 07" East 250.00 feet to an
tntersectio~n with the southeasterly line of said
Tract "K" and the northwesterly right-of-way line
of St. Andrews Boulevard;
thence South 50° 53' 4~" West along said
southeasterly line of said Tract "K" and
northwesterly right-of-way line of said St.
Andrews Boulevard 302.99 feet to the southwest
corner of Tract "K", said corner being the
intersection of the northeasterly right-of-way
line of U.S. 41 with the northwesterly
right-of-way line of St. Andrews Boulevard;
thence North 39° 06' 20" West along the
southwesterly line cf said Tract "K" and the
northeasterly right-of-way line of U.S. 41, a
distance of 880.39 feet to the Point of Beginning
of the parcel herein described;
subject to easements and restrictions of record;
containing 4.93 acres of land more or less.
Description of Parcel II
Part of Tract "A", Lely Golf Estates, according to the plat
thereof, as recorded in Plat Book 8, page 20, Collier County
Public Records, Collier County, Florida, being more
particularly described as follows:
Beginning at the northwest corner of Tract "Kw, Lely Golf
Estates, (Plat Book 8, page 20), said corner being a point
on the northeasterly right-of-way line of U.S. 41 and beinG
marked by a concrete monument found in place;
1-2
thence North 39" 06' 20" West along the
northeasterly right-of-way line of U.S. 41 and the
southwesterly line of Tract "A", a distance of
266.50 feet;
thence leaving said right-of-way line North 50"
53' 40" East 35.00 feet;
thence South 78" 00' 02" East 342.41 feet;
thence South 50" 53' 40" West along the
prolongation of the northwesterly line of Tract
"K" and the northwesterly line of Tract "K",
250.00 feet to the Point of Beginning of the
parcel herein described;
subject to easements and restrictions of record;
containing 0.87 acres of land more or less.
· Description of Parcel III
Part of Tract "A", Lely Golf Estates, according to the plat
thereof, as recorded in Plat Book 8, page 20, Collier County
Public Records, Collier County, Florida, being more
particularly described as follows:
Commencing at the northwest corner of Tract "K", Lely Golf
Estates (Plat Book 8, page 20), said corner being a point on
the northeasterly right-of-way line of U.S. 41 and being
marked by a concrete monument found in place; thence North
50" 53' 40" East along the northwesterly line of said Tract
"K", 150.00 feet to the Point of Beginning of the parcel
herein being described!
thence continue North 50" 53' 40" East along the
prolongation of the northwesterly line of said
Tract "K", a distance of 100.00 feet;
thence South 57° 42' 10" East 362.41 feet to an
intersection with the northerly line of said Tract
"K";
thence North 71" 13' 07' West along the northerly
line of said Tract "K", a distance of 405.53 feet
to the Point of Beginning of the parcel herein
described;
subject to easements and restrictions of record;
containing 0.39 acres of land more or less.
1-3
2.01
2.02
SECTION IX
COMMERCIAL PARCEL/TRACT
PURPOSE
The purpose of this Section is to set forth the regulations
for the area designated on the Master Plan as Parcel/Tract
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the following:
A. Permitted Principal Uses and Structures:
1. Antique shops, appliance stores; art studios; art
supply shops; awning shops.
Bakery shops; banks and financial institutions;
barber and beauty shops; bath supply stores; bicycle
sales and services; bookbinders; book stores;
business machine services.
Camera shops; churches and other places of worship
(subject to applicable supplementary district
regulations of the ZoninG Ordinance); clothing
stores; commercial recreation uses - indoor;
commercial schools; confectionery and candy stores.
4. Delicatessens; department stores; drug stores; dry
cleaning shops; dry goods stores; and drapery shops.
5. Florist shops; fraternal and social clubs (subject
tc applicable supplementary district regulations of
the Zoning Ordinance); furniture stores; furrier
shops.
6. Garden supply stores; Gift shops; gourmet shops.
7. Hardware stores; hat cleaning and blocking; health
food stores.
2-1
Ice cream stores.
Jewelry store~.
10. Laundries - self service only; leather goods; liquor
stores.
11. Markets - food; markets - meat, medical offices and
clinics; millinery shops; motion picture theatres;
museums; music stores.
12. Office - general; office supply stores.
13. Paint and wallpaper stores; professional offices.
14. Radio and television sales and services;
restaurants.
15. Seafood market; shoe repair; shoe stores; shopping
centers (subject to applicable development plan
approval regulations of the ZoninG Ordinance);
souvenir stores; stationery stores; supermarkets.
16. Tailor shops; tile sales - ceramic tile; tobacco
shops; toy shops.
17. Veterinarian offices and clinics.
18. Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Zoning Director determines to be
compatible in the district.
B. Permitted Principal Uses and Structures Requiring Site
Plan Appcoval
1. Child care center.
2. Commercial recreation - outdoor.
3. Permitted use with less than 1,000 square feet gross
floor area in the principal structure.
2-2
2.03
C. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated
with the uses permitted in this Section.
2. Watch and precision instrument repair shops.
PROPERTY DEVELOPMENT REGULATIONS
2.03.01 GENERAL:
Ail yards, setbacks, etc., shall be in relation to
the parcel/tract boundaries.
2.03.02 MINIMU~ SETBACKS:
Front: From U.S. 41 and
St. Andrew§ Blvd.
25 Feet
Side: From parcel/tract
"II" line
None, or a minimum of
five (5) feet with
unobstructed passage
from front to rear
yard.
Rear:
From existing
residential and
golf course zones
20 Feet
Distance between any two principal structures: Ten
( 10 ) feet.
2.03.03 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE:
One thousand (1,000) square feet per building on
ground floor.
2.03.04 MAXIMUM HEIGHT OF STRUCTURES:
One story.
2.03.05 SIGNS AND MINIMUM OFF-STREET PARKING:
As may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
2-3
2.03.06
SPECIAL PROPERTY DEVELOPMENT REGULATIONS:
Landscaping, buffer areas and supplementary
district zoning regulations that may be
applicable to certain uses above shall be
adhered to unless in conflict with any of the
intent or the provisions specified herein.
A buffer strip suitably landscaped with trees
and bushes for a pleasing view shall be located
between subject property and the Cypress Gate
Condominium property to the north.
Merchandise storage and display. Unless
specifically permitted for a given use, outside
stQrage or display of merchandise is
prohibited.
There shall b~ no deliveries or pickups at the
rear of the buildings abutting Cypress Gate
Condonimium. Containers for refuse may be
located between such buildings but shall be
suitably camouflaged by shrubbery or fencing.
Fe
Parking areas shall be located between the
planned structures and U.S. 41 or St. Andrews
Boulevard.
The square footage of the c6mmercial ~arcel/
Tract ! shall not exceed 46,850 square feet.
2-4
SECTION III
LIBRARY PARCEL/TRACT II
3.01
3.02
3.03
PURPOSE
The purpose of this Section is to set forth the regulation
for the area designated on the Master Plan, as Parcel/Tract
"II".
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the following:
A. Permitted Principal Uses and Structures:
2.
3.
B.
Public Library.
Small administrative offices for County use only.
Vehicular access to commercial parcel/tract
Permitted Accessory Uses and Structures:
1. Accessory uses and structures customarily associated
with the uses permitted in this section.
PROPERTY DEVELOPMENT REGULATIONS
3.03.01 GENERAL:
2.03.02
All yards, setbacks, etc, shall be applied in
relation to the parcel/tract boundaries.
MINIMUM SETBACKS~
Front: From U.S. 41
25 Feet
Side: From parcel/tract
"I" line
Rear:
From golf course
line
3-1
None, or a-minimum of
five (5) feet with
unobstructed passage
from front to rear
yard.
20 Feet
m
3.03.03
3.03.04
3.03.05
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
One thousand (l,000) square feet per building on
ground floor.
MAXIMUM HEIGHT OF STRUCTURE:
One story.
SIGNS AND MINIMUM OFF-STREET PARKING:
As may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
3-2
SECTION IV.
DEVELOPMENT COMMITMENTS
4.01 PURPOSE
The purpose of this Section is to set forth the general
standards & commitments for development of the project.
4.02 ACCESS/TRAFFIC
A. Access shall be from St. Andrews Boulevard and U.S. 41.
B. Internal road systems are intended to be private.
Parcels/Trac+ts "I" and "II" shall be connected by means
of a common/shared driveway(s) so that parcel/Tract
could have access to U.~. 41 through parcel/Tract "II".
Subject to FDOT approval, the developer shall provide
left and right turn lanes on Tamiami Trail at the
project entrance.
E. The developer shall provide a left turn lane on St.
Andrews Boulevard at the project entrance.
The developer shall provide a fair share contribution
toward the capital cost of a traffic signal at. the
intersection of Tamiami Trail and St% Anderews Boulevard
when deemed warranted by the County Engineer. The
signal shall be owned, operated and maintained by
Collier County.
4.03 DEVELOPMENT PL~
The proposed preliminary Master Plan iljustrates the
tentative development, uses and locations of certain
facilities.
The design criteria and layout iljustrated on the
preliminary Master Plan shall be understood as flexible
so that the final design may best satisfy the project
and comply with applicable requirements.
Minor design changes, such as but not limited to,
locations of buildings, building types and sizes, etc.,
shall be permitted subject to the staff approval.
4-1
4.04
4.05
4.06
The size of the library and the commercial facilities
may be increased over or decreased under that shown on
the preliminary Master Plan provided that other
applicable development regulations, such as parking,
setbacks, etc., are met.
FIRE PREVENTION
The development shall comply with applicable codes and
regulations.
WATER MANAGEMENT
A. Water management is provided for the design st'orm by a
combination of rock trenches and open sodded swales.
Weir controlled discharge will pass into the U.S. 41
road swale ~hich will be improved to ]ts outlet at the
Lely Canal.
B. Detailed site drainage plans shall be submitted to the
County Engineer for review. No construction permits
shall be issued unless and until approval of the
proposed construction is granted by the County Engineer.
LIBRARY SITE, PARCEL/TRAgT "II":
Parcel/Tract "II" as identified on the Lely Square
Preliminary PUD Master Plan shall be dedicated to the
Collier County Government and is to be utilized and/or
restricted as per this PUD document and other deed
restrictions and covenants that may be applicable.
4.07
ENVIRONMENTAL:
Native species shall be utilized, where available, to
the maximum extent practically and economically possible
in the site landscaping design. A landscaping plan will
be submitted to the Natural Resources Management
Department and the Community Development Division for
their review and approval. This plan will depict the
incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be
the re-creation of native vegetation and habitat
characteristics lost on the site during construction or
due to past activities.
4-2
4.0,9
Ail exotic plants, as defined in the County Code, shall
be removed during each phase of construction from
development areas and open space areas. Following site
development a maintenance program shall be implemented
to prevent reinvasion of the site by such exotic
species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and approved by the Natural Resources Management
Department and the Community Development Division.
UTILITIES:
A. Water and Sewer
Central water distribution and sewage collection and
transmi~sion systems will be constructed throughout
the project development by the developer pursuant to
all current requirements of Collier County and the
State of Florida. Water and sewer facilities
constructed within platted rights-of-way or within
utility easements required by the County shall be
dedicated to the County for ownership, operation and
maintenance purposes. Ail water and sewer
facilities constructed on private property and not
required by the County to be located within utility
easements shall be owned, operated and maintained by
the developer, his assigns or successors. Upon
completion of construction of the water and sewer
facilities within the project, the facilities will
be tested to insure they meet Collier County's
minimum requirements at which time they will be
conveyed or transferred to the County, when required
by the Utilities Division, pursuant to appropriate
County ordinances and regulations in effect at the
time conveyance or transfer is requested, prior to
being placed into service.
2e
All construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and
transmission facilities must be reviewed and
approved by the Utilities Division prior to
commencement of construction
Ail customers connectinG to the water distribution
and sewage collection facilities will be customers
of the County and will be billed by the County in
4-3
',. 022,, 63'
4e
accordance with the County's established rates.
Should the County not be in a position to provide '
water and/or sewer service to the project, the water
and/or sewer customers shall be customers of the
interim utility established to serve the project
until the County's central water and/or sewer
facilities are available to serve the project. For
interim utility systems, a review of the proposed
rates and subsequent approval by the Board or County
Commissioners must be completed prior to activation
of the water and sewer facilities servicing the
project. Rate reviews must be in full compliance
with County Ordinances No. 76-71 and 83-18 as
amended, revised or superseded.
It is a~ticipated that the County Utilities Division
will ultimately supply potable water to meet the
consumptive demand'and/or receive and treat the
sewage generated by this project. Should the County
system not be in a position to supply potable water
to the project and/or receive the project's
wastewater at the time development commences, the
developer, at his expense, will install and operate
interim water supply and on-site treatment
facilities and/or interim on-site sewage treatment
and disposal facilities adequate to meet all
requirements of the appropriate regulatory, agencies.
An agreement shall be entered into between the
County and the owner, legally acceptable to the
County, prior to the approval of construction
documents for the proposed project, stating that:
The proposed water supply and on-site treatment
facilities and/or on-site wastewater treatment and
disposal facilities, if required, are to be
constructed as part of the proposed project and must
be regarded as interim; they shall be constructed to
State and Federal standards and are to be owned,
operated and maintained by the owner, his assigns or
successors until such time as the County's central
water facilities and/or central sewer facilities are
available to service the project. Prior to placing
the water treatment, supply and distribution and/or
sewage collection, transmission and treatment
facilities into service the developer~shall submit,
to the Collier County (Utility Rate and Regulation
4-4
Board) for their review and approval, a schedule of
the rates to be charged for providing processed
water and/or sewage treatment to the project area on
an interim basis until the County's central water
and/or sewer facilities are available to serve the
project.
Upon connection to the County's central water
facilities, and/or central sewer facilities, the
owner, his assigns or successors shall abandon,
dismantle and remove from the site the interim water
and/or sewage treatment facility and discontinue use
of the water supply source, if applicable, in a
manner consistent with State of Florida standards.
All work related with this activity shall be
performdd at no cost to the County.
Connection to the @ounty's central water and/or
sewer facilities will be made by the owners, their
assigns or successors at no cost to the County
within 90 days after such facilities become
available. The cost of connection shall include,
but not be limited to, all engineering design and
preparation of construction documents, permitting,
modification or refitting of sewage pumping
facilities, interconnection with County central
facilities, water and/or sewer lines necessary to
make the connection(s), etc.
At the time County central water and/or sewer
facilities are available for the project to connect
with, the following water and/or sewer facilities
shall be conveyed to the County pursuant to
appropriate County ordinances and regulations in
effect at the time:
l)
All water and/or sewer facilities constructed in
publicly owned rights-of-way or within utility
easements required by the County within the
project limits and those additional facilities
required to make connection with the County's
central water and/or sewer facilities; or
2)
All water and sewer facilities required to
connect the project to the County's central
water and/or sewer facilities when the on-site
water and/or sewer facilities are constructed on
4-5
private property and not required by the County
to be located within utility easements,
including but not limited to the followinG:
Main sewage lift station and force main
interconnecting with the County central
facilities including all utility easements
necessary;
Water distribution facilities from the point of
connection with the County's central facilities
to the master water meter serving the project,
including all utility easements necessary.
the'customers served on an interim basis by the
utility system constructed by the owners shall
be customers o~ the County at the time when
County central water and/or sewer facilities are
available to serve the project and such
connection is made. Prior to connection of the
project to the County's central water and/or
sewer facilities the owner, his assigns, or
successors shall turn over to the County a
complete list of the customers served by the
interim utilities system and shall not compete
with the County for the service of those
customers. The owner shall also provide the
County with a detailed inventory of the
facilities served within the project and the
entity which will be responsible for the water
and/or sewer service billing for the project.
All construction plans and technical
specifications related to connection to the
County's central water and/or sewer facilities
wil be submitted to the Utilities Division for
review and approval prior to commencement of
construction.
The owners, their assigns or successors shall
agree to pay all applicable system development
charges at the time that Building Permits are
required, pursuant to appropriate County
Ordinances and Regulations in effect at the time
of permit request. This requirement shall be
made known to all prospective buyers of
properties for which building permits will be
4-6
Be
4.09
required prior to the start of building
construction.
The County at ~ts option may lease for operation
and maintenance the water distribution and/or
sewage collection and transmission system to the
project owner or his assigns for the sum of
$10.00 per year. Terms of the lease shall be
determined upon completion of the proposed
utility construction and prior to activation of
the water supply, treatment and distribution
facilities and/or the sewage collection,
transmission and treatment facilities. The
lease, if required, shall remain in effect until
the County can provide water and/or sewer
service through its central facilities or until
such' time that bulk rate water and/or sewer
service agreements are negotiated with the
interim utility, system serving the project.
Data required under County Ordinance No. 80-112 showing
the availability of sewage service, must be submitted
and approved by the Utilities Division prior to approval
of the construction documents for the project. Submit a
copy of the approved DER permits for the sewage
collection and transmission systems and the wastewater
treatment facility to be utilized, upon receipt thereof.
If an interim on-site water supply, t.reatment and
transmission facility is utilized to serve the proposed
project, it must be properly sized to supply average and
peak day domestic demand, in addition to fire flow
demand at a rate approved by the appropriate Fire
Control District servicing the project area.
EXCEPTIONS TO COLLIER COUNTY SUBDIVISION REGULATIONS:
Be
Article X, Section 19~ Street name signs shall be
approved by the County Engineer, but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices. Street pavement painting, striping, and
reflective edging requirements shall be waived, except
at entrances.
Article XI, Section 17.It Back of curb radii at street
intersections shall be a minimum of 30 feet.
4-7
C. Article XI, Section 21~ The requirement for blank
utility casings shall be waived except at entrances.
4-8
AP?LICATION
FOR
PUBLIC ~EA~ING
ZCr~ING DEPARTHENT ·
~rrlT~O~ ~ t~ 8 5 4
DATE RECEIVED
Naples Community Golf Course, Inc. and Industrial Concern
Name of Applicant(s) _and Investment Co.. N.V. {Hr. Richard I_ Klaaq: Preqld~nt
a~ ~lter R.
Ia the apptica~t the ov~er of the subject property? X Tea
~o
(a) If applicant is a lend trust, so indicate end list the name and address o'!
beneficiaries belo~,
x (b)
If applicant te corporation other than a public corporation, so indicate
and list the officers and major atockholdere and their addresses belay.
(c) If applicant is a partnership, l:h~.ted partnership or other business
entity, so indicate and list the name amd address of principals belay.
(d) If applicant is an ovner, indicate exactly ae recorded, m~d list all o~her
ov~ers and addresses, if any, belo~.
(e) If applicant is a lessee, attach copy o£ leese, and indicate .actual
na~e and address belay.
~f) If applicant is a contract purcheser, attach copy of contract, and
indicate actual ovner(s) n~e end address belay.
See attached AIlien
(If space ia inadequate, at~ech separate page.)
'r:C/o Agfloli, A~saad, Barber, Brufldage & Shannon, Inc.
Applicant's Hailin8 Address'~A~tn: Wafaa F. Aslaad; A.I.C.p.)
City Naples State Florida lip ...~3953 '
Applicant's Tel. No.: Res. (81t) 261-S778 Bus; (813) 597-31'11
Agnoli, Assaad, Barber, Brundage
Nlme of A&ent ~afaa F. Assaad. A.I;C.P~ ~ira_& Shannon,. Inc, .
Hailtn8 Address 7qO0 Tamlaml Trail
City Haoles Scata Florida Zip 33963
Tel. No.: (81t) 597-tlll
3.. LEGAL DESCRIPTION OF THE PROPERT~ COVERED 3T TN£ APPLICATION (If space ts in
adequate, attach on separate page. If ~equesc ~nvolves change to more th~n one
,discric~, i~clude separate legal description for property ~nvolved tn each district.
prop~rc7 is odd-shaped, subzic ~our (~) copies of ~u~ey (1" Co ~00' scale).
SECTION 19 T~SHIP 50 South ~GE 26 East
~ attached leos] descripttoo,
&o Size of Property ft. ! fi,
5, Address, or location, of subject property_H.W, corner of Tamiam[ Trail East and
a~4 S:, ^ndrew~ 89ulevard. See attached general location map.
6. Existing land elevation ~ County Flood Criteria Elevation
7. Date subject property acquired ( ) / lessed ( ) ~th day of March.., 19 68
Term of lease ..yrs./mos.
8. Does property o3;ner own contiguous property ~o the sub]ecc property ? If so,
give complete legal description of entire contiguous property. (If space
adequate, attach on separate page). Yes. Lely Golf CQurse.
Acres 6.19 (aoorox.)
, X
THIS APPLICATION IS INTE~'DED TO COVER:
requesting):
R~F-16
A. IL~ZONING: PILESENT ZON~G &
(Check vhich type of petition you are
REQUESTED ZONING P.U.D. FOR__
Governmeqta! 0~ ~gevner~ial uses.
B. PROVISIONAl USE OF ZONING TOR
C. SUBDIVISION MASTER PLAN APPROVAL ~Required of all PUD's)
REASON k"ffY APPLICATION SHOLrLD BE ,~PPROVZD: Pro~oosed P.U.D. Is in comollance
with the Comgrehen~lve Plan and Is compatible with surrounding uses.
2
IS PROPO$~ USE PROHIBITED BY D~D RESTRICTIONS?
IF YES, PROVIDE COPY OF THE DE~D R~STRIC~IONS.
THIS R~QUEST A RESULT OF A VIOLA?ION? . No.
YES X .... NO
IF SO. TO IOIOH VAS THE
13. }ItS A PUBLIC HEARING BEEN HUD ON THIS PROPERTY ~rlTHIN THE LAST YF_AR? IF SO, IN
16. ~E ~EEE ~ISTI~G S~UCTURES ON ~E PROPERTY? No., ~PE=
C~S ., , FF~E ,~ NOBILE H~ ~
AFFIDAVIT
I, ,, Rich~rd L, Kleas beths first duly svorn, depose
ssy thec I am the ov~er ot the property das'cri~ed herein and ~hich ii the subject matter
of ~he proposed hearing; that all the aasverl to the questio~s in this application, and
all sketches, da~a, and other supplementary matter at~ached to and made a parc of this
applic&tion, are hones= and true to the bes~ o~ my knovledge and belief. I understand
this applica~ion must be co~pleted and accurate before a hearing can be advertised. I
fu=ther per, it the undersigned to act aS my represent~tive in all ma~ters regarding this
Petition.
· .~ 1LE OF AGENT'
Richard L. Klaas, President; Nap. te's ~:~nmunlt?~Golf Course, Inc. and Industrial Concern
and Investment to., N.Y. an:i~lt~.R. I~jers., ,~- _--r . ~ ~
3
!. NA~E:
2. ADDRESS:
Utility Provisions
for
Rezones & Provisional Uses
Lely Square (Naples Community Golf Course, Inc. & Industrial
Concern & Investment)
C/o Agnoli, Assaad, Barber, Brundage & Shannon, Inc., 7400
Tamimai Trail North, Naples, Florida 33963
3. PHONE: (813) 597-3111
4. LEGAL DESCRIPTION:
See attached boundary survey and legal' description.
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED:
A. COUNTY SYSTEM
B. CITY SYSTEM
C. FRANCHISED sYSTEM .. .~
D. PACKAGE TREATMENT PLANT CAPACITY (GPD)
E. SEPTIC SYSTEM
6. TYPE OF WATER SERVICE TO BE PROVIDED:
10.
A.' COUNTY SYSTEM
B. CITY SYSTEM
C. FRANCHISE SYSTEM
D. PRIVATE SYSTEM
TOTAL POPULATION TO BE SERVED 51.450.Sqt Ft, Comme~ial Building
PEAK AND AVERAGE DAILY DEMANDS:
1. WATE~ - PEAK .~ gpm AVERAGE DAILY 15~000
2. SEWEi - PEAK 3~ gpm AVERAGE DALLY I0.000 ood
IF PROPOSING TO CONNECT TO REGIONAL WATER SYSTEM ALONG SR-951, ·
DATE SERVICE WILL BE REQUIRED
BRIEF, CONCISE NARRATIVE AND SCHEMATIC DRAWING OF THE SEWAGE
TREATMENT PROCESS TO BE USED AS WELL AS A SPECIFIC STATEMENT
REGARDING THE METHOD OF EFFLUENT AND SLUDGE DISPOSAL. IF
PERCOLATION PONDS ARE TO BE USED, THEN PERCOLATION DATA OF
SOILS INVOLVED SHALL BE PROVIDED FROM TESTS PREPARED BY A
PROFESSIONAL ENGINEER.
Sewage treatment will be provided by the Lely Franchise system.
11. A STATEMENT, IN WRITING, SIGNED BY THE OWNER SHOULD BE
PROVIDED AGREEING TO DEED TO THE COUNTY WATER-SEWER DISTRICT
THE WATER DISTRIBUTION AND SEWAGE COLLECTION FACILITIES WITHIN
THE PROJECT AREA UPON COMPLETION OF THE CONSTRUCTION OF THESE
FACILITIES IN ACCORDNACE WITH APPLICABLE COUNTY ORDINANCES·
THIS STATEMENT SHOULD ALSO INCLUDE AGREEMENT THAT APPLICABLE
SYSTEM DEVELOPMENT CHARGES AND CONNECTION FEES WILL BE PAID TO
THE COUNTY WATER-SEWER DISTRICT PRIOR TO THE ISSUANCE OF
BUILDING PERMITS BY THE COUNTY BUILDING DEPARTMENT. THE
STATEMENT SHOULD ALSO CONTAIN AGREEMTNE TO DEDICATE
APPROPRIATE UTILITY EASEMENTS FOR SERVICG THE WATER AND SEWER
SYSTEMS.
FOR OFFICE USE ONLY
APPROVED DENIED
COMMENTS:
JFM/sh - 8/21/84
.UTILITY DIRECTOR
022 71
I
GENERAL LOCATION MAP
NAPLES COMMUNITY GOLF COURSE, INC. &
INDUSTRIAL CONCERN .& INVESTMENT CO. NA(
ANNUAL REPORT ~,.. .... OIVISfO;'~p.o.OF: Bo~CORPORATIONS632~
1()84 ~.,,,:., ~,,,~,,r. TaU&,~.ss.,. FL 323,4
D'2; ~',~01 ,"/RITE ,N ?his ~,PACE
READ NOTICE ,o,l',lO IHSTRUCTIOHS ON OTHER SIDE BEFORE MAKING ENTRIES -4
2 Eni/tr Ch 3nge of A~dfllt Of Cot;OflllO~ PtlhClp31
Office. P.~. Box Num~ ~ene ~ NOT SUfflCllflt.
Industrial Concern & Investment Co., N.V.
15 Ptetermaai
Willenstad, Curacao
L Netherlands Antilles .J
P O. eoJm Ne
S~ste Zrp Code
Ned. Handelmij. Direct
Trustkan=oor Curagao N.~.
Pourier, Miquel Arcang~l
erect
ldo NOT Die PC, Il Or.ce Box
Dr
15, P~etermaai Curagao, Neth.
Matancia K-17 Curagao, Neth.
Antilles
Antilles
4 Cu. ent A~t'; ,4 NI.~ Agent
Rogers, Wood, Hill, Starman & Gustason Walter R. Rosers
4099 Tamiami Trail North
Naples, Florida 33940 &099 Tam,ami Trail North
C~. Slate ~ Z~p Cooe
Naples, Florida 339~0
t ~,~t fo ~ .o~.,~.a of s.ct,on. ~zc~. ~,o-~. st.,~.a, me ..~..~.~ ~..~-....,:e~ u.~e m. a-~ ~ Neth er] ands Ant ~] ] es
I~llll"~ef~l for ~e I;~tpo~e of Chl~'~f~g ~l tO~*il~red office Or re, tiler'Id l~t ~ I~fl. I11/hi lille Of FIOddl.
,24' '. :,: L-Z: o.., ,,
I Call,fy Thai I Am J'~ Off C~ r Df ~- ~' J_ndu
June 20, 1984
Tyl:~d Name Of S,gn:K,g Ofhcar TIIII ITe~cPnone Nt.~m~f
Ned. Handelmij. Director :' : I 613755
JJE$CRIPTION OF PARCEL
PART OF TRACT 'K', LELY ~OLF ESTATES, ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 8, PAGE 20, COLLIER COUNTY
PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DE$CRIRED AS FOLLOWS:
~EGINNING AT THE NORTHWEST CORNER OF SAID TRACT mK', SAID CORNER
BEING A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U-S- q~
AND ~EING MARKED BY A CONCRETE MONUMENT FOUND IN PLACES
THENCE NORTH 50° 53r q0'_EAsT ALONG THE NORTHWESTERLY
LINE OF SAID TRACt 'Km. ]50.00 FEET TO THE NORTHEAST
CORNER OF SAID TRACT =Ka~
THENCE SOUTH 7J° 23' 07' E~sT ALONG THE NORTHERLY LINE
OF SAID TRACT 'K#, q05.53 FEETS
THENCE LEAVING SAID NORTHERLY LINE OF SAID TRACT aK°,
SOUTH 2q° qG' 53" WEST ~50-2~ FEETS
THENCE SOUTH 29° 26' 58' EAST 252-17 FEETS
THENCE ~OUTH 66° 23' 07' EAST 250-00 FEET TO AN
INTERSECTION WlTII THE SOUTHEASTERLY LINE OF SAID TRACT
aK' AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF ST-
J~NOREWS ~OULEVARn$
THENCE SOUTH ~0° 53' q0=. ~EST ALONG SAID SOUTHEASTERLY
LINE OF SAID TRACT aK= AND NORTHWESTERLY RIGHT-OF-WAY
LINE OF SAID ST- ANOREWS BOULEVARD 502-g9 FEET TO THE
SOUTHWEST CORNER OF TRACT eKe~ SAID CORNER BEING THE
INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
U.S. q~ WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STo
ANDREWS BOULEVARD;
THENCE NORTH 3g° 06' 20' ~EST ALONG THE SOUTHWESTERLY
LINE OF SAID TRACT aka AND THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF U-S- q], A DISTANCE OF 880-39 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED~
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS
CONTAINING q-~3 ACRES OF LAND MORE OR LESS*
Z)~SCRIPTION OF PARCEL
PART OF TRACT 'A', LELY GOLF ESTATES, ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 8, PAGE 20, COLLIER COUNTY
PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, BEIMG MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGZNNZNG AT THE NORTHWEST CORNER OF TRACT eke, LELY 6OLF ESTATES,
(PLAT BOOK 8, PAGE 20), SAID CORNER BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-YAY LINE OF U-So q! AND BEIHG MARKED BY A
CONCRETE MONUMENT FOUND IN PLACES
THENCE HORTH ~9° 0~' 20'::WEST ALONG THE NORTHEASTERLY
RIGHT-OF-WAY LIN~ OF U.So q] AND THE $OUTHNESTERLY LINE
OF TRACT aA', A DISTANCE OF 266.50 FEET;
THENCE LEAVING SAID RIGHT-OF."~AY LINE ~ORTH 50° 53~ q0'
EAST 35.00 FEETS
THENCE SOUTH 78° 00' 02' E~ST 3q2-q! FEET;
THENCE SOUTH 50° S~' q0' WEST ALONG THE PROLONGATION OF
THE NORTHYESTERLY LINE OF TRACT aka AND THE
NORTHWESTERLY LINE OF TRACT 'K', 2S0.00 FEET TO THE
PO ZNT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED$
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD~
CONTAINING 0-87 ACRES OF LAND.MORE OR LESS-
[~SCR;P;ZO. OF PARCEL iii
PART OF TRACT 'A', LELY GOLF ESTATES, ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 8, PAGE 20, COLLIER COUNTY
PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLO¥S:
~OMHEHCiNG AT THE NORTHYEST CORNER OF TRACT 'K', LELY GOLF ESTATES
(PLAT BOOK 8, PAGE 20), SAiD CORNER BEING A POINT ON THE
NORTHEASTERLY RIGHT-OF-VAX LINE OF U-S- ~] AND BEING MARKED BY A
CONCRETE MONUMENT FOUleD iN PLACE; THENCE NORTH 50° ~' qO" EAST
ALONG THE NORTHWESTERLY LiNE (~F SAiD TRACT 'K", 150-00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL.HEREiN BEING DESCRIBED$
THENCE CONTINUE HORTH 50° 53' ~0' EAST ALONG THE
PROLONGATION OF THE NORTHYESTERLY LiNE OF SAID TRACT
'K', A DISTANCE OF 100-00 FEET;
THENCE SOUTH 57° q2' 10' E~ST 362-q! FEET TO AN
/NTERSECTION VITH THE NORTHERLY LiNE OF SAiD TRACT 'K';
THENCE HORTH 72° 13' 07' WEST ALONG THE NORTHERLY LiNE
(IF SAiD TRACT 'K', A DISTANCE OF q05-53 FEET TO THE
J)OINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED~
SUBJECT TO EASEHENTS AND RESTRiCTiONS OF RECORD~
CONTAINING 0-39 ACRES OF LAND. MORE OR LESS-
SUPPLEHENTAL lqtAFFIC ANALYSIS
FOR~
L~L! SOUAI~
PRELIMINARY PoU.Do JqASTER PLAN
A. Determine estimated trip generation rate.
(51,450 Ft2 commercial) x (26 trips/I,000 Ft2) - 1,338 T.P.D., o
Determine effects of additio~al 1,338 T.P.D. on level of
service of U.S. Highway 41.
Per current D.O..T. counts~
Average traffic - 15,000 trips/day - level of service B for
four lane divided'arterial.
Ad~itional traffic - 15,0'00 + 1,338 - 16,338 T.P.D. -
U.S. 41 will still operate at level of service B.
February 27, f985
75 St. Andrews Blvd.
Naples, Fla. 33942
Dick Klass, President
l.ely Estates, Inc.
5101 Tamt.:mf Trail East
Haples., FL 33962
Dear Mr. Klass:
On Tuesday, February 26, 1985, members of the Board of Directors of Cypress
Gate Condominium Association met with Mr. Smurdon and you to review the
proposed plan for a retail and office complex to be built on property
adjacent to the west boundaries of Cypress Gate, at the corner of Highway .. ': .
41 and St. Andrews Blvd. Representing Cypress Gate were: Ray.Weber, '.
President; William Metsner, Past-President; Helen Nicholas, Secrptary;.
Victor BaJc, Board Fember; and Lynn Nicholas, owner member. ~ --z '"..~ ~..i..
· ' ' "' ' "~:'..'.: ....
As a result of cer. t~[n conditions agreed upon at that m~ettng, the Board
of Directors of Cypress Gate Condominium Association has decided not to ~' · ....
oppose Lely Estates' application for re-zoning the property from multi-
unit residential to C-4 Con~nerclaI ~neral.
The aforementioned stipulations are that:
1) no buildlng or structure be more than one story high;
2) the buffer area between the properties will be suitably landscaped
with trees andbushes for a pleasing view from Cypress Gate;
3)
4)
the architectural plans for all elevations will be shown to the
Board of Directors for approval;
a revised description of the types of businesses permitted to
utilize the buildings be presented to the Board for approval;
5)
there will be no deliveries or pickups at the rear of the buildings; · .-
a container for refuse will be between such buildings, suitably ,..'
camou(laged by shrubbery or ~enclng; .. . .....
ca~s wllI'be Parked between the planned structures and Highway 41 :::i.~:....?..
6)
or St. Andrews Blvd. .. . .
Yembers of the Board of Directors are pleased to cJoperate with Lely ..'
Estates In finding an agreeable solution to the'use of the property..
We trust It will enhance the appearance of our area. We appreciate "
the consideration shown by Lely Estates In consultlng with us.
Sincerely,
~ay W. Webe'r, P~esident
LEL.Y. ESTATES, INC..
5101 TAMIAM! TRAIL E^ST, SUITE 202. Naplcs~ Flodda 33962~980
February 28, 1985
Mr. Ray W, Weber, President
Cypress Gate Condominium Assoc., Inc.
?$ St. Andrews Blvd.
Naples, FL 33962
Dear Mr. Weber:
Thank you for your letter of 27 February, 1985. It is Very nice to
deal with intelligen~ and reasonable people. We have already made the
changes from a two-story building by St. Andrews Blvd. to a one-story
building. The entire pro~ect will be one-story.
The buffer areas will be suitably landscaped to provid~ a pleasant
view from Cypress Gate. We viii share the architectural plans with
your Board of Directors. ne description of the types of businesses
proposed will be presented to your Board. There will be no deliveries
or pickups at the rear buildings, and the refuse will be between the
buildings and hidden from view. Cars will be parked between the build-
ings and at Highway 41.
I am glad we could all agree on what is the highest and best use for
this property. I am sure it will be a credit to all of Lely.
Thank you. again for your time and kind consideration. If I may ever
bt of service, please do not hesitate to call.
Cordially yours,
LELY'ESTATES, INC.
RI.~/ec
cc: Willla~Meisner
M/M Lynn Nicholas
· Yfctor BaJc
Richard L. Klaas
President
DE;'ELOPER$ OF LELY GOLF ESTATE$
LELY COUNTRY CLUB
LELY BAREFOOT BF.A CH