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Resolution 1987-096 .. , 10DK '104 ~Gt 20 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 '''''lI"' - - - 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 '.- --_._"."-~-".~-~._._------->,.,.._."..~...-.~-----,^"~,.--,.........._...---~.,._._.,."'. ';"' .. --~ ,. 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 - - - . . 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 ~.- ~\\". ~ "~' ..~. f7"": /~ .~t.~:, -" . '. ~.. ~ { ,'<;' .."~:.~ ,.' '.<; -::1 .. ....:,;i. APPROVI:D,.AS'TO FORB AND LEGAL SUFFICIENCY: \;,'i~~ ASSISTANT COUNTY ATTORNEY Woodlanda DO Amendment ....,.., . ............ , !:;'~,*")/' - -.......