Resolution 1987-096
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APRTI.. 28, 1987
RESOLUTION NO. 87 - 96
AMENDING DEVELOPMENT I')RDER 86-1, FOR THE
WOODLANDS; AMENDING SECTION B.S. a.(7) & (8),
TRANSPORTATION, TO CLARIFY RESPONSIBILITIES
OF THE COUNTY AND DEVELOPER; AMENDING SECTION
B.5.b (4) TRANSPORTATION CONDITIONS, CLARIFY-
ING AND REDEFINING THE CRITERIA BY WHICH A
SUBST~TIAL DEVIATION SHALL BE DETERMINED.
WHEREAS, the the Board of County Commissionera approved on
November 6, 1986, Development Order 86-1, known as liThe Woodlands"; and
WHEREAS, the Southwest Florida Regional Planning Council staff has
recommended to the Southwest Florida Regional Planning Council that it
should formelly request the Board of County Commissioners to amend said
Development Order; and
WHEREAS, the Southwest Florida Regional Planning Council ataff and
the developer for The Woodlands have agreed on reviaed language; and
WHEREAS, the Board of County Commissionera must approve the
revised language in an amended Development Order;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that Development Order 86-1 ahall be
amended as follows:
SECTION ONE:
Development Order 86-1, Section B Sa (7) shall be amended as followa:
(7) Collier County, eHh""th-H has estimated the time frsme in
which each of the road segments/intersections significantly
impacted by this development shall need improvement to
maintain the requisite level of service adopted by the
County, as the same may be amended from time to time, and has
ascertained that it can provide the transportation facilities
consistent with the development schedule of The Woodlands,
However, the County makes no guarantee to the developer that
Words uncerline~ are additions; words eer"ek-thre"th are delp.tiona
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APRIL 28, 1987
said roadway segments/intersections shall not fall below the
requisite level of service in spite of this commitment of the
County to provide said facilities consistent with the
Development Schedule.
SECTION TWO:
Development Order 86-1, Section B 5s (8) shell be amended "" follows:
(8) By accepting this Development Order, developer understands and
sgrees that, althol'gh the proposed schedule of the County for
improving roadway segments/ intersections significantly impacted
by The Woodlands would indicate that it will have the ability
to keep the neces8~ry transportation improvementft at the
requisite level of service consistent with the development
schedule of The Woodlands, the County 1s not guaranteeing the
same to the developer and developer understands and agrees the
County shall not be liable to d."eloper for its inability to
have said facilities available consistent with the development
schedule of The Woodlands.
SECTION THREE:
Development Order 86-1, Section B 5b (4) shall be emended aa follow.:
(4) (i) If Level of Service "e" on an average annual condition
for any regional roadway segment/intersection identified
herein is exceeded and project traffic on said roadway
segment/intersection equals or exceeds 5% ftftd-ie-ieee
~)utft--ie; of the Level of Service "e" service volume
(utilizing generalized service volumea as established by
FOOT); and
(a) the roadway improvement necessary to return to Level
of Service lie" or better condition, is not
programmed on the applicable MPO or Collier County
five year traffic improvement plan with identified
funding; or
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aDDK 104 ~ 22
APRIL 28, 1987
(b) if such programmed improvement is deleted from said
five year traffic improvement plan; or
(c) if five years pass without the start of construction
of said improvement: or
(d) th. level of service on any said roadway
segment/intersection exceeds, level of service ~D~ on
an annual average daily condition prior to the
condtruction of the programmed improvement; thell
gev.~eper-.ha~~T-w~eh~,,-n~"ee1-f9Gt-~a1.T-~~~e-a
pe~~tieft-with-~e!lier-S&~ftty-Eer-e-deeerMifta~ieft-eE
w"et"er-a-e~b8tefttial-deviatioft-"ee-eeeHrred-in
a..cr~e".e-w~eh-8"b".ee~",,-389TGefi9tT-F~.r~~.
6ta.".e.-fi985tT---I~-~t-~8-~eeerm~"e~-ehat-a
6~b~tefttiai-dev*atieft-heft-eee~rredT-the-deveieper
~fty-eentinHe-deY~iepmeftt-d~rin3-e~bete"t*ei
deviatien-BRI-rev*ew-~ntii-aft-ftmefteed-deYeio,~eftt
erder-ie-iee~edT-preyided-t"et-the-emendment
~ev.i.pem"e-"r~er-~.-~8."ed-w~th~"-.~ft-fet-m""the-e~
the-dete-c~-the-e~betefttiel-deY*atien-determinetieft
FHrther-deveiepment-w~ii-be-e~therieed-end
.cnd~e*"ned-b1-the-~*"a~-e~e"~e~-~ev.~.pm."e-"rd.rT
then a substantial deviatiol< ehsl1 be deemed to have
occ-ured.
The developer may continue development durin& said
substantial deviation DR! review until an amended
development order is issued, provided that the
amended development order is issued within six (6)
months of the date of notice that a substantial
deviation has occurred. Further development will
be authorized and conditioned by the final
amended development order.
Words underlined are additions; Words eer~ek-~hre~&h are deletions
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APRIL 28, 1987
This Resolution adopted after motion, second and roll call vote as
follows:
Commissioner G:xxlnight M::ltiored and aye
Commissioner Pistor Seconded and aye
Commissioner Glass Aye
Commissioner Saunders Aye
Commissioner Hasse Aye
Done this 28t~
day of JIori 1
, 1987.
ATTEST:
JAMES C. GILES, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
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.. ....:,;i. APPROVI:D,.AS'TO FORB AND LEGAL SUFFICIENCY:
\;,'i~~
ASSISTANT COUNTY ATTORNEY
Woodlanda DO Amendment
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