Agenda Item 6-b 11/18/92 DEVELOPMENT ORDER FOR
Transcription
Agenda Item 6-b 11/18/92 DEVELOPMENT ORDER FOR
Agenda Item 6-b 11/18/92 DEVELOPMENT ORDER FOR COASTLAND CENTER EXPANSION A DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER 92-DRI1 AND RESOLUTION 92-6809 LET IT BE KNOWN THAT, PURSUANT TO SECTION 380.06 OF THE FLORIDA STATUTES, THE CITY COUNCIL OF THE CITY OF NAPLES HAS HEARD, AT A PUBLIC HEARING CONVENED ON NOVEMBER 18, 1992, THE APPLICATION FOR DEVELOPMENT APPROVAL FOR COASTLAND CENTER, WHICH CONSISTS OF 70.27 ACRES TO BE DEVELOPED IN THE MANNER DESCRIBED IN THE APPLICATION FILED BY LA SALLE PARTNERS DEVELOPMENT LIMITED, AS AGENT FOR COASTLAND CENTER JOINT VENTURE FOR SAID DEVELOPMENT. WHEREAS, the City Council of the City of Naples has considered the report and recommendations of the Southwest Florida Regional Planning Council, the City of Naples Staff, the documents and comments upon the record made before the City Council of the City of Naples, and hereby makes the following Findings of Fact and Conclusion of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA and this development order is legally described as set forth in Exhibit "A" attached hereto and by reference made a part hereof. 2. The proposed development is not in an area designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. 3. The development does not unreasonably interfere with the achievement of the objectives of an adopted state land development plan applicable to the area. 4. Subject to the conditions herein, the development is consistent with the local land development regulations; the City of Naples Comprehensive Plan and the State Comprehensive Plan. 5. Subject to the Conditions herein, the development is consistent with the report, and recommendations of the Southwest Florida Regional Planning Council submitted pursuant to Subsection 380.06(12), Florida Statutes. Coastland Development Order/Resolution 92-6809 Page Two CONCLUSIONS OF LAW 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NAPLES, in public meeting, duly constituted and assembled on November 18, 1992, that the Development of Regional Impact Application for Development Approval submitted by La Salle Partners Development Limited as agent for Coastland Center Joint Venture, is hereby ordered approved subject to the following conditions, restrictions and limitations: 1. SURFACE WATER MANAGEMENT a. The project shall require a South Florida Water Management District permit for operation of the existing stormwater management system and for construction and operation of the new/modified stormwater management system. b. The project shall require a South Florida Water Management District water use permit for any proposed dewatering activities associated with the construction of the surface water management system, lakes, wet detention areas, and/or parking lot, road or building foundations. c. Any shoreline banks created along onsite stormwater wet detention areas shall include littoral zones constructed on slopes no steeper than a 4:1 horizontal to vertical ratio and shall be planted in native emergent and submergent aquatic vegetation. The applicant shall ensure, by supplemental replanting if necessary, that at least 80 percent cover by native aquatic vegetation is established within the littoral zone (to include at minimum the area between ordinary high water and ordinary low water) for the duration of the project. d. The applicant shall conduct annual inspections of the stormwater management system, wetlands, lakes and wet detention areas on the project site so as to ensure that these systems are being properly maintained in keeping with the approved stormwater management plan, and that the systems are capable of accomplishing the level of stormwater storage and treatment for which they were designed and intended. e. All exfiltration trenches used to meet the dry detention requirements for the development shall be designed to meet SFWMD criteria in effect at the time of permit application. f. All project construction shall take place away from preserved wetland areas, and when appropriate, proposed buffers, lakes and swale systems, and wet detention and exfiltration systems not scheduled for displacement, so as not to affect the intended function of the stormwater management system. J no ti Coastland Development Order/Resolution 92-6809 Page Three g. Final Stormwater Management Plan shall demonstrate that the system is designed in accordance with existing South Florida Water Management District design parameters for systems discharging to the Gordon River and Naples Bay. h. The applicant shall participate in any on-going or future efforts by Collier County and the City of Naples to establish a county-wide stormwater management system. i. Best management practices for monitoring and maintenance of the stormwater management system shall be implemented by the applicant in accordance with City of Naples and South Florida Water Management District guidelines. j. All internal stormwater management systems, including preserved or created wetlands, shall be set aside as private drainage easements, common areas, preserves, or identified as specific tracts on the recorded final plat. k. If any changes in water quality monitoring locations, parameters, and/or frequency are suggested by either the City of Naples, the South Florida Water Management District, other agencies, or the applicant, such changes shall be coordinated with the appropriate local, regional and state agencies. 1. The applicant shall confirm, to the satisfaction of all federal, state, and local review agencies, and the South Florida Water Management District, that the proposed stormwater management system will not impact habitats of any state or federally listed plant and/or animal species potentially occurring onsite, or that such impacts will be mitigated to the benefit of onsite populations of those species. m. All commitments made by the applicant within the ADA, and subsequent sufficiency round information, related to Question 14 (Water) and Question 19 (Stormwater Management), and not in conflict with the above recommendations, are hereby incorporated in this Development Order as conditions for approval. 2. ENERGY a. All commitments made by the applicant within the ADA for energy conservation are adopted where appropriate for this project. II Coastland Development Order/Resolution 92-6809 Page Four 3. HOUSING a. The applicant shall employ a housing liason responsible for coordinating information and assistance to employees regarding housing assistance programs. b. The applicant shall assist low and very low income employees in securing off-site child care. The following provisions shall be in place and operating prior to the initiation of the second half of the project or the third year: 1) In order to supplement the child care costs of the employees of the project, the applicant shall provide either space on-site for a child care facility or identify adequate child care facilities at convenient locations within Collier County. 2) The Applicant shall provide a ten (10) percent employee discount for these child care facilities to the employees of the mall. The discount can be provided through either a negotiated fee with a child care facility, or through some other appropriate means approved by the SWFRPC and the City of Naples Department of Community Development. 3) The existing management of the Coastland Center Mall facilities shall be responsible for maintaining and distributing information regarding child care facilities and benefits to the employees of the mall. The extent to which the child care benefits are used by employees shall be reported to the SWFRPC and City of Naples Department of Community Development. c. Each development shall pay a fee of 19.03 cents per square foot of gross leasable area to an affordable housing trust fund at the time an initial building permit is issued by the City of Naples. The Affordable Housing Trust Fund shall be administered by an appropriate community agency for the purpose of increasing the supply of affordable housing available to low and very low income households within the City of Naples. d. If the City of Naples adopts a proportionate share funding mechanism, or some other measure, as a way to mitigate the affordable housing impact generated by the Coastland Center DRI, those measures shall take precedence over alternatives a. b. and c. listed above. Coastland Development Order/Resolution 92-6809 Page Five 4. HURRICANE PREPAREDNESS a. Provisions shall be made for storage of City emergency vehicles on the ground level of one of the proposed parking decks during hurricane events. The minimum floor elevation of the parking structure used to store emergency vehicles shall be 11.28 feet NGVD. 5. TRANSPORTATION The following provisions relate to Buildout (1995) impacts: a. The applicant or his successor shall be fully responsible for site-related roadway and intersection improvements required within the Coastland Center DRI and shall develop the internal "ring" road identified in the ADA. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to signalization, turn lanes and additional through lanes) found to be necessary by the City of Naples, Collier County or the Florida Department of Transportation (FDOT) for the project's access intersections onto U.S. 41, Golden Gate Parkway, Goodlette-Frank Road and Fleischmann Boulevard. The location and/or signalization of the project's proposed additional access intersections on Goodlette-Frank Road and relocated access on Fleischmann Boulevard shall be consistent with the access management standards of the jurisdiction with maintenance responsibility for the access roads, and the commitments made by the applicant in the ADA. No additional site access locations beyond those proposed in the ADA Master Plan shall be allowed. b. The following road improvements are assumed to be committed for construction in the ADA analysis: Collier County Golden Gate Parkway - Goodlette Road to Airport Road: improvement to six lanes (CST. 93/94) Goodlette Road Extension - Carica Road to Immokalee Road: improvement to two lanes (CST. 92) Vanderbilt Beach Road - U.S. 41 to Airport Road: improvement to four new lanes (CST. 93/94) Airport Road - Golden Gate Parkway to Pine Ridge Road: improvement to six lanes (CST. 93/94) Coastland Development Order/Resolution 92-6809 Page Six Pine Ridge Road - U.S. 41 to Airport Road: improvement to six lanes (CST. 92/93) Florida Department of Transportation U.S. 41 - Immokalee Road to .25 miles south of Myrtle Road: improvement to six lanes (CST. 94/95) The annual traffic monitoring report shall identify the status of the road improvements assumed to be committed within the ADA, and shall indicate whether their status as committed has changed from what was originally assumed. Should their status change, or any of the committed improvements are delayed beyond the buildout of the project, the impacts of the project shall be revised through the substantial deviation process. c. To determine the levels of service on regional facilities and the need for any improvements not currently foreseen, the applicant shall submit an annual traffic monitoring report to the City of Naples, Collier County, FDOT, the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council for review and approval. The first monitoring report shall be submitted one year after the effective date of the development order for the Coastland Center DRI. Reports shall be submitted annually thereafter until after buildout of the project in the year 1995. At a minimum, the report shall contain P.M. peak hour trip generation estimates, and turning movements and level of service calculations at each of the access intersections and the following off-site adjacent intersections: Off-Site Intersections to be Monitored U.S. 41/Golden Gate Parkway U.S. 41/Fleischmann Boulevard Goodlette-Frank Road/Golden Gate Parkway Goodlette-Frank Road/Fleischmann Boulevard The report shall also provide an indication of whether the adopted level of service is expected to be exceeded on the adjacent regional and local roadways (identified below) over the next year, and a projection of project impact on those facilities over the next year. The levels of service shall be calculated according to current professional standards. Coastland Development Order/Resolution 92-6809 Page Seven Adjacent Roadways to be Monitored U.S. 41, from Golden Gate Parkway to Fleischmann Boulevard. Golden Gate Parkway, from U.S. 41 to Goodlette-Frank Road. Goodlette-Frank Road, from Golden Gate Parkway to Fleischmann Boulevard. Fleischmann Boulevard, from U.S. 41 to Goodlette-Frank Road. If annual monitoring reports confirm that peak season, peak hour traffic on the road segments and intersections above exceeds the level of service standards adopted by the City, and the project is utilizing more than 5% of the level of service "D" capacity, and the construction of the committed improvements identified in recommendation "b" has been delayed, then further building permits for the proposed expansion shall not be granted until the necessary improvements are committed for construction prior to buildout. d. Should any proposed change in the development mix of the Coastland Center DRI cause the number of external vehicle trips generated by the development to exceed that which was projected in the ADA, on a daily or P.M. peak hour basis, the project shall be subject to a substantial deviation determination pursuant to the provision of Section 380.06(19), F.S. e. The commitments made by the applicant in the ADA and sufficiency response with regard to the provision of transit, trolley, bicycle and pedestrian facilities and services are hereby included as a condition of approval. f. The Applicant shall participate in the Collier County Transportation Disadvantaged Program through the provision of the necessary service unloading sites, providing the necessary amenities to accomodate such services, and through participation in job programs involving the handicapped. VEGETATION AND WILDLIFE 6. a. The Applicant shall prepare a vegetative habitat mitigation plan which shall: 1. 2. quantify the amount of vegetative habitat requiring mitigation; identify comparable areas of vegetative habitat in the region of similar or greater habitat value; and Coastland Development Order/Resolution 92-6809 Page Eight 3. identify a mechanism for preservation, dedication and management of the mitigation parcel or provide appropriate compensation towards the acquisition of mitigation site. This mitigation plan shall be submitted to the City of Naples, the Game and Fresh Water Fish Commission, DCA and SWFRPC for review and approval. b. Prior to the issuance of a building permit for mall expansion, the Applicant shall: 1. 2. c. acquire an approved mitigation site and provide for its preservation, dedication, and management consistent with the above described plan; or provide compensation toward the acquisition of such a mitigation site. All on-site nuisance exotic vegetation shall be removed and disposed of consistent with City of Naples requirements. d. The Applicant shall propose a Least Tern Management Plan which shall provide for the protection and management of the least terns on site based on Timothy E. O'Meara's and Jeffrey A. Gore's "Guidelines for Conservation and Manacrement of Least Tern Colonies in Florida (April, 1988)", as published by the Florida Game and Fresh Water Fish Commission. This management plan shall be submitted to the City of Naples Natural Resources Manager, the Game and Fresh Water Fish Commission, DCA and SWFRPC for their review and approval. e. Mall construction in the least tern nesting area shall not occur during the tern nesting season (April 1 - August 30).Prior to approval of building permits for the mall expansion, the applicant shall submit a schedule indicating proximity and timing of construction activities consistent with the Least Tern Management Plan for approval by the City of Naples and the Game and Fresh Water Fish Commission. f. The Applicant shall construct a nesting area that recreates the artificial nesting habitat (i.e. flat roof with gravel substrate) on the mall roof. Prior to approval of building permits for expansion of the mall, the Applicant shall submit plans indicating the design, size, and location of this recreated nesting area. g. The Applicant shall monitor the nesting area for three years after construction to determine the success of the mitigation effort. Coastland Development Order/Resolution 92-6809 Page Nine h. Where feasible, the site plan shall incorporate existing vegetation into the perimeter landscaping, particularly on the project's eastern perimeter. All of the existing perimeter landscaping shall be preserved on the north, south, and west property lines. Approximately 20 feet of street frontage landscaping shall be preserved along the perimeter of the expansion parcel (36,200 sq. ft.). i. Continued preservation of the .5 acre wetland (and the common air plant within) located adjacent to Tamiami Trail. 7. a. All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary document) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the Development of Regional Impact to the City of Naples, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18) Florida Statutes . c. The development phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. r, d. r GENERAL CONSIDERATIONS If the City of Napless, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order has occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV to the SWFRPC Development of Regional Impact Assessment Report for Coastland Center Mall shall be used as a guide by the local government in determining additional substantial regional impacts. Coastland Development Order/Resolution 92-6809 Page Ten e. Pursuant to Section 380.06(16), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. f. This approval is applicable to the expansion of the existing Coastland Center mall whose existing size is 550,000 square feet, gross leasable area. The proposed expansion includes up to 445,000 square feet of gross leasable area. At buildout Coastland Center will consist of 995,000 square feet of gross leasable area (1, 119, 179 square feet gross floor area) with up to 5,350 parking spaces on 70.27 acres of land. Pj BE IT FURTHER RESOLVED, BY THE CITY COUNCIL OF THE CITY OF NAPLES FLORIDA THAT; 1. All commitments and impact mitigating actions provided by the Applicant in the Application for Development Approval and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. The Director of the Department of Community Development 2. shall be the local official responsible for assuring compliance with this Development Order. 3. This Development Order shall remain in effect for a period of ten years from the effective date of this agreement. In the event that significant physical development has not commenced within three years from the effective date of this agreement however, development approval will terminate and this development order shall no longer be efffective. For purposes of this requirement, "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or parking structures. Pursuant to Section 380.06(15)(c)3, Florida Statutes, this development will be exempt from downzoning or intensity or density reduction for a period of ten years provided that development has commenced within three years from the effective date of this Development Order. J Coastland Development Order/Resolution 92-6809 Page Eleven 4. The applicant or their successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this Development Order, to the City Council of the City of Naples, the Southwest Florida Regional Planning Council, and Department of Community Affairs. This report will contain the information required in rule 9J-2.025(7), Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the City Council of the City of Naples, after due notice and hearing, that one or more of the following is present; a. A substantial deviation from the terms or conditions of this Development Order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Council; or b. An expiration of the period of effectiveness of this Development Order as provided herein. Upon finding that either of the above is present, the City Council of the City of Naples shall order a termination of all development activity until such time as an additional Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06 (19), Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local or state permitting procedures. 7. This Development Order shall be binding upon the applicant and its assignees or successors in interest. 8. A certified copy of this Development Order shall be provided the Department of Community Affairs, the Southwest Florida Regional Planning Council, and the Applicant as provided in Section 380.07 (2) , FS. 1 Coastland Development Order/Resolution 92-6809 Page Twelve OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY PASSED IN O ER, 1992. OF NAPLES, FLORIDA, THIS 18TH DAY OF Paul W. uenze , Mayor Attest Ja t Cason, City Clerk Approved as to form and legality: Maria J. Chia o, City Attorney Prepared by John A. Cole, Chief Planner M:\REF\COUNCIL\RES\92-6809 Anderson S Y Herms A M Y Korest Pennington Y Sullivan Y N VanArsdale Muenzer Y (5-i) M=Motion S=Second Y=Yes N=No A=Absent 1 1! LEGAL DESCRT'TION i EXHIBIT A The existing Coasiiand Center Mail and the proposed expansion are located in Section 27. Township 49 South, Range 25 Lass. The Legal descriptions that describe the parcels with comprise the project are as follows. PARCEL 'A' Commencing at the southwexi corner of Block 39, Tier 11, of the Original Plan of Naples according to the plat thereof as recorded in Plat Book 1, page 8y Collier County Public Records, Collier County, Florid a; thaws along the west Line of said Block 39. Tier 11, and abng the east Line of Tenth Street Norrlc North 9'4140' West 20.00 feet to the north right-of-way Line of Fleischmann Boulevard; dunce along said north right-of-way Line, North 80 182C East 15.00 feet for the POINT OF BEGINNING of the parcel herein described; ii thence North 5'43'04" Fast 83.71 feet; thence South 29'4170 East 59.86 feet; thence South 9'41'40" East 2021 feet; thence North 801820" East 20.00 fees; thence South 94140' Fast 20.00 feet; thence Nor h 80'1870" East 490.00 feet; thence -North 9'41'4(7' West 31.09 feet; thence North 45'01'00" West 68.95 feet; thence North " 44'5900' Fast 140.75 feet; thence North . 45'01'00" West 240.00 feet; thence South 44'59'00" West 64.00 feet; thence North 45'01'00' West 97.00 feet; thence South 44'59'00" West 303.00 feet; thence North 45'0100' West 393.23 feet; thence North 001'00" West 48.93 feet; thence South 89'59'00° West 214.35 feet; thence South 2'21'00" East 205.39 feet; thence South 45'01'00' East 81.20 feet; thence South 44'59'00" West 238.40 feet; thence South 9'42'39' East 208.82 feet; thence North 80'18'2T East 20.00 feet; thence South 9'41'40' East 20.00 feet,- thence North 80'1820" East 346.00 feet; thence South 9'41'40" East 20.00 feet to the north right-of-way Line of Fleischmann Boulevard; thence along said north right-of-way L ine, South 8018'20" West 386.00 feet to the east rightof-way line of U.S. 41 (Tarniami Trail); thence along said east nghi -of-way line, North 9'42'39" West 270.34 feet; thence continuing along said east right-of-way line, northerly 326.47 feet along the arc of a circular curve concave to the east, having a radius of 5729.58 feet, being subtended by a chord which bears North 8'04'42.5" West 326.43 feet; thence North 83'33'14` East 134.80 feet; thence North 0'01'0( West 102.76 feet; thence North 89'59'00" East 280.00 feet; thence North 44'59'00' East 109.19 feet; thence North 45'OI'00" West 153.13 feet; thence North 4459'00" Eat 488.85 feet; thence South 45'01'00' East 172.00 feet; thence North 44'59'00' Ea i 280.45 feet; thence North 45'01'00' West 174.71 feet to the south line of the north 109.50 feet of Lot 94 of Naples Improvement Co.'s L ittle Farrns according to the plat thereof as recorded in Plat Book 2, page 2, Collier County Public Records, Collier icial Record County, Florida and the south line of land described in Quit Claim Deed recorded in Off Book 871, pages 225 and 226, Collier County Public Records; then ce along the south line of said land described in Officio! Record Book ' 871. pages 225 and 226, North 893120 East 1001.92 feet; thence continue along the south line of said land described in Official Record Book 871, pages 225 and 226. easterly 112.71 feet along the arc of a circular curve concave to the south, having a rnditu of 462.00 feet, being subtended by a chord which bears South 83'2920' I100.65 feet to along the north East 112.43 feet; thence South 028'40" East right-of-way lire of Fleischmann Boufevard, (120 foot rig/u-of-way); thence said north right-of-way, South 801870" West 49.00 fe et; thence North 941'40" West 65-00 feet; thence North 3758'55" West 77.96 feet; thence North 60'01'00" West 109.59 fed; thence North 2959'00' East 318.64 feet; thence South 89'59'00" West 392.02 feet; then ce North 6001'00' West 170.00 feet; thence South 29'5904" West 362.00 feet; thence South 6001'00' East 117.00 feet; thence -South 2959'00" West 207.05 feet; thence South 4501'00" East 135.60 fed to said North right-of-way line of Fkischmann Boulevard; thence along said north right-of-way line, South 80'18'20 West 850 3 3 feu to the POINT OF BEGINNING; being a pan of Lou 94, 95 and 96 of Naples Improvement Co.'s Little Farms according to the peat there°fas recorded in Plat Book o^S Collier County, Florida, Florrde Z page P g 2, Collier County Public Records ^ and being part of Block 39, Tiers 10, I1, 12, 13, and 14 of the "Original Plan of Naples, according to the plat thereof as recorded in Plat Book 1, page 8, Collier County Public Records, Collier Coun ty, Florida; subject to easements and restrictions of record; subject to an easement dedication to the public use for toad nght-of-way purposes (Golden Gate Parkway) over and acmes all that parr of the north 12.00 feet of-the south 121.50 feet of Lot 94 of said Naples Improvement Co.'s Little Farms as described in Official Record Book 886, pages 1551 through 1555, Collier County Public Record., Collier County, Florida; containing 31.36 acres of land more or less. Bearings are based on a bearing of North 89'21'20" East on the north line of Lot 94 of Naples Improvements Co. 's Little Farms, (Plat Book 2, page 2). Li Legal Descnprion 5-2 ' PARCEL B' Deuaipt7ior of Part of Lot 96 of Napk Impmvem" Co.'s little Farms (P.B. 2, p.2) and of Part of Block 39, Tina 10, 11 and 12, (PB. 1, p-8) City of Napk . Cornmm=g at the Southwest Corner of Block 39, Tea 11, of the Or4md Plan of Naples according to the plat dk7oaf as ntcced d in Plat Book 1, page 8y Collier County Public Records, Collier County, Florida, trance along the Wee fine of said Block 39, 71t• 11, and alcrg the East Lee of 10th Street North, North 941 .40" West 20.00 feet so the North f r-c(-Way fine of FlehrAm vcn Boulevard, thence alaig said North 1 }u-of-Way fine, North 80 . 1820' East 86533 fat to the PLACE OF BEGINNING of the Ponce! herein dm cr b - Am" alaig said North Right-of-Way, North 8 ) '1820' East 430 fed; thence North 941'40 West 65 feet; thence North 37 `58'55' Wes 77.96 fed; dun" North 60'01'00" West Z0959 jeer; thence North 2959'00' East 31&64 fees; thence South 89'S9'00' West 39201 feet; thence North 6001'00' West 170 fed; thence South 29'59'00" West 362 feet; thence South 60'01'00" East I17 feet; thence South 29'59'00' West 207.05 few; dunce South 45'01'01' Fast 135.60 feet to the PLACE OF BEGINNING ,.-._. .bring a Fart of Lot 96 of Naplcx.Improvrmact Co fmcaro(ed in Plat Book 2, page Z•CotEer buy Sc Little Fzres according to the Plat thereof as Public Records, Collier County, FIodA, and being apart of Block 39, Tura 10, 11 and 12 of said Original Plan of Naples, .(Plat Book 1, page 8), Collier County, Florida; containing Z28 Acres mcrr or Lear, L cal Dcscnptzon 5- 3 PARCEL "C Description of Parts of Lou 94, 95 and 96 of Naples Improvement Co.'s Little Farms (P.B. 2, p. 2) City of Naples. Convnencing at the Southwest corner of Block 39, Tier 11, of the Original Plan of Naples according to the plat thereof as recorded in Plat Book 1, page 8. Collier County Public Records Collier County Florida; thence along the West line of said Block 39, T r 11, and along the Fast line of 10th Street North, North 9'4140" West 20.00 feet to the Noah Right-of-Way line of Fleischmann Boulevard; thence along said North Right-of-Way line, South 80'1870' West 440.00 feet to the Edsi Right-of-Way line of US. 41, (Tamiami Trail); thence along said East Right-of-Way line, North 9'4279" We 270.34 feet; thence continuing along said East Right -of-Way tiny Northerly 326.47 fed along the arc of a circular curve concave to the East, radius 5729.58 feet subtended by a chord which bears North 804'42.5" West 326.43 feet for the PLACE OF BEGINNING of the Parcel herein described; thence continuing along said East Right-of-Way line, Northerly 590.00 feet along the arc of a circular cum concave to the East, Radius 5729.58 fed, subtended by a dwrd mWA bears North 32946" west + 589.74 feex; thence North 0'32'46" West 252.84 feet; thence North 893120' East 963.10 feet; thence I J South 45'01'00' East 174.71 feet; thence South 44'59'00" West 280.45 feet; thence North 45'01'00" West 172.00 feet; thence South 4459'0(P West 488.85 feet; thence South 450100" East 153.13 feet; thence South 4459'00" West 109.19 feet; thence South 89'59'00" West 280.00 feet; thence South 001'00" East 102.76 feet; thence South 83'33'14" West 134.80 feet to the PLACE OF BEGINNING; being a part of Lots 94, 95, and 96 of Naples Improvement Co.'s Little Farms according to the Plat thereof as recorded in Plat Book 2, page 2, Collier County Public Records, Collier County, Florida; subject to easements and restrictions, containing 12.00 Acres more or less. L Legal Description 5-4 PARCEL "D" • Description of Pan of lot 96 of Naples Improvement Co_ 's Little Farms (P.B. 2, p.2) and of Part of Block 39, Tiers 10, 11, and 12, (P.B. 1, p. 8) City of Naples. Conunencing at the Southwest Corner of Block 39, her 11. of the Original Plan of Naples according to the plat .thereof as recorded in Plat Book 1, page 8, Collier County Public Records, Collier County, Florida; thence along the West line of said Block 39, her 11, and along the Eau line of 10th Street North, North 9'4140" West 20.00 feet to the North Right -of- Way line of Neischrnann Boulevard and the PLACE OF BEGINNING of the parcel herein described; thence along said Noah Right-of-Way line, South 80'18'20" West 54.00 feet; thence North 9'41'40" West 20.00 feet; thence South 80'1820" Wei 346.00 feet; thence North 9'41'40" West 20.00 feet; thence South 80'1820" West 20.00 feet; thence North 9'42'39" West 208.82 feet; thence North 44'S9'00" Fast 238.40 feet; thew North 4501'00" Wee 81.20 fee, theme North 2"21V0" West 205.39 feet; thence North 89'59'00" Fast 21435 feet; thence South 001'00" East 48-93 feet; thane South 45'01'00" East 393?3 feet; thence North 44'59'00' East 303.00 feet; thence South 45'01'W East 97.00 feet; thence North 44'59'0C' East 64.00 feet; thence South 45'01'00" East 240.00 feet; thence South 44'59'00" West 140.75 feet; thence South 4501'00" East 68.95 feet; thence South 941'40" East 31.09 feet; thence South 80'18'20' West 490.00 feet; thence North 941'40" West 20.(X feet; thence South 80'1820" West 20.00 feet; thence North 9'4140" West 20.21 feet; thence North 79'41'20" West 59.86 feet; thence South 5'43'04' West 83.71 feet to the North Right-of-Way line of Fleischmann Boulevard; thence along said North Right-of- Way line, South 80'1820' West 15.00 feet to the PLACE OF BEGINNING; being a part of Lot 96 of Naples Improvement Co.'s Little Farrns acconling to the Plat thereof as recorded in Plat Book 2, page ., Collier County Public Records, Collier County, Florida; and being a part of Block 39, Ter 10, 11, and 12 of said Original Plan of Naples, (Pled Book 1, page 8), Collier County, Florida; subject to easements and restrictions; containing 9.36 Acres more or less. i Legal Descnprion 5-5 PARCEL "E' Description of parts of Lots 94, 95 and 96 of Naples Improvement Co.'s Little Fame (Plat Book Z page 2) and of pan of Block 39, Tres 10 through 14 inclusive, (Plat Book 1, page 8) City of Naples. Commencing at the southwest corner of Block 39, Tier 11, of the Original Plan of Naples according to the plat thereof as recorded in Plat book 1, page 8, Public Records of Collier County, Florida; thence along the west line of said Block 39, Tier 11, and along the east line of Tenth Stre et North, North 9'41 '4 T West 20.00 feel to the north right-of-way line of Fleischmann Bou levard; thence along said north tight-of-way line, North 80'182(1' East 154432 feet to the southeast corner of the Coast/and Mall parcel and the POINT OF BEGINNING of the parcel herein d escriber thence leaving said Line and along the east line of Coast/and Mall parcel North 0'28'4(1" West 1100.65 feet; thence easterly 16.31 feet along the arc of a non-tangential circular curve concave to the south, through a central angle of 2'01'20" having a radius of 462-00 feet and being subtended by a chord which • bears South 75'2920" East 16-30 feet, thence South 74'28'40' East 46.01 feet; thence easterly 15359 feet ^.ralong the arc of a circular curve concave to the north, tl roctgh a central angle of 1600'00" having a radius of 550.00 feet and being subtended by a chor d which bears South 82 .28'40" East 153.09 fed; thence Nort h 89'31'20" East 214.65 feel to the west right-of-way line of Goodlette Road; thence along said right-of-way line, South 0'13 40" East 653.86 feet; thence continue along said right-of-way line, North 80'18'20" East 25.26 feet; thence continue along said rig;it-of-way line, South 0'13'40" East 340-14 feet to the northerly right-of-way line of said Fleischmann Boulevard; thence along said right-of-way line, South 80'1810" West 452.74 feet to the Point of Beginning of the parcel herein described; subje ct to an easement right-of-way purposes over and across the north 12.00 fee thereof; subject to easemen ts and restrictions of record; bea rings are based on the northerly right-of-way line of Fkischmann Boulevard, being No rt h 80'1820" East; containing 10.27 acres more or less. Legs1 Descnpiion 5-6 Sap-17-98 12:09pm From-NEAL, GERBER & EISENIBERG 2 3122691747 T - 62 P 03/03 F-080 Agenda Item 6-b + 11jI8/92 PEV'ELOPtd biT ORDER FOR COASTLAND TER > ANSION p A Q%WLo t W or REGIONAL PAcT DE'O =T OKD R 92-DRII AN RCSoL T OW 8 2 -6809 LT IT SZ KNOWN THAT, PVFLSIIA T To SECTION 380.06 Or T BI rLoR.Z:A STATQT=, THE CITY COUNCIL Or TRZ CITY Or SA'LE8 AA8 xra=, A? A puzLic EARThG CONV7ND ON ItOV A l8, 1992, TUE APPLICATION roA rrVzWFLENT APPROVAL FOR CCASTLAM CZNTZR, W;^ co s:STS OF 70.77 ACRES TO SL AVLGP= IN TUE ) ER DXSCRi z ZN TZE xA8p^.1 =10N TILED BY Z..a► SALLE PAATNrJt5 DLVE=VbM r? Lr. 7ED, as ACs NT TO COA 5L Na === .70 TNT VELT'I"Q8t Fdl 8AID GL"YFrl0Bb ' . - 7►s, the City Council of the City of Naples w has considered The report and recommendations of the Southwest Florida Regional Planning Council, the City of Naples Staff, the documents and comments upon the record made before the City Council of the City of Naples, and hereby makes the following Findings of Fact and Conclusion of Law: r=zwc;S or ra= 1. The real property which is the subject of the ADA and this development order is legally described as set forth in Exhibit "A" attached hereto and by reference made a part hereof. 2. The proposed development is not in an area designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. 3. The development does not unreasonably interfere with the achievement of the objectives of an adopted state land development plan applicable to the area. 4. Subject to the conditions herein, the development is consistent with the local land development regulations; the City of Naples Comprehensive Plan and the State Comprehensive Plan. 5. Subject to the Conditions herein, the development is consistent with the report, and recommendations of the Southwest Florida Regional Planning Council submitted pursuant to Subsection 380.06(12), Florid a. Statutes. OH rF1f Q GUIF ^^ ^^^ Memo City of Naples, Florida ^^w r DATE: fcrY . December 10, 1992 Maria Chiaro, City Attorney l 4anQ} Cars _n SUBJECT: City f l rk John Cole, Chief Planner Coastland Center Deve ment Order: Request for Instruction/ Coordination The City Council approved the Coastland Center Development Order on November 18, 1992. I understand that the Florida Administrative Code requires the City to formally render this document to the Applicants, the Regional Planning Council and the Florida Department of Community Affairs within 30 days of this ruling. This deadline is Friday December 18, 1992. A. Where is the signed document?,.— B. Are there any special instructions for me in this process? C. Who is responsible for meeting this requirement -, l^nl^i Because the City does not do this routinely I don't believe there is any internal standard operating procedure to follow. I do not want to make any technical er ro rs in this process and am willing to assist in the process. In particular, I am interested in reviewing the official documents to insure that all attachments and exhibits are accurate and included in the delivered documentation. I will follow up this memo with you both on Monday. Thank you for your consideration in this matter. xc. Missy McKim ' o^^PLFS-^^^ owrne O V GULF V ^J v ^'''aAt, DEPARTMENT OF COMMUNITY DEVELOPMENT December 14, 1992 Mr. James Stansbury, Planner IV Bureau of State Planning State of Florida Department of Community Affairs 2740 Centerview Drive * Tallahassee, FL 32399-2100 RE: Coastland Center Mall, Development of Regional Impact: Rendering of Adopted Local Development Order Dear Mr. Stansbury: In accordance with Florida Administrative Code, Subsection 9J-2.025(5), please find the following Development Order approved by the City Council of the City of Naples after a public hearing held on November 18, 1992. If you have any questions or comments on this material please contact me at SunCom #974-4626 or in writing at the address below. Sincerely, John A. Cole Chief Planner xc. Missy McKim, City of Naples Dan Trescott, Southwest Florida Regional Planning Council* John Farquhar, Ruden, Barnett, McClosky, Smith Schuster & Russell, P.A.* * Send by first class, certified, US mail, or other delivery service for which a receipt as proof of service is required. 735 EEGHTH STREET SOUTH • NAPLES. FLORIDA 33940