Resolution 1984-237
MWW. .084~~"\''754
DecEmber 11. 1984
RESOLUTION NO. 84- 237
RESOLUTION AUTHORIZING BOARD EXECUTION OF THE
STIPULATION OF SETTLEMENT IN ACMINISTRATIVE
CASE NO. 84-2867, RELATING TO MARCO SHORES,
A DEVELOPMENT OF REGIONAL IMPACT.
WHEREAS, the Department of Community Affairs and The Deltona
Corporation have entered into a stipulation of settlement in
administrative case No. 84-2867 relating to MarcO ShoreS, a
development of regional impact, and
WHEREAS, Collier County is a respondent in said administra~
tive case and has been requested to review and sign the
.
Stipulation of Settlemont, and
WHEREAS, Collier County has reviewed said Stipulation of
Settlement and finds it to be appropriate and in the best
interest of the citizens of Collier County,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Chairman o.f the
Board of County Commissioners of Collier County is hereby
authorized to execute on behalf of the Board the Stipulation of
Settlement document in administrative case No. 84-2867 related to
Marco Shores, a development of regional impact.
This Resolution adopted after mOtion, sec:ond and roll call
vote as followSI
Commissionel" Pis tor Notioned and aye
Commissioner Holland Seconded and aye
Commissioner Hasse Aye
Commissioner Goodnight Aye
Commissioner Voss Aye
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BYI. ... l4J 1/#1.
FREDEf1CK J... VOSS, . Chairman
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Approved', a8 to form and
legat'8ufficiencYI
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Collier County Attorney
Oecenber 11, 1984
STATE OF FLORIDA
DIVISION OF ADlotIN%STAATIVE HE1\tUNGS
IN REI COLLIER COUNTY DEVELOPMENT
ORDER 84-3, A RESOLUTION 1\PPROVING
MARCO SHORES, A.DEVELOPMENT OF
REGIONAL IMPACT.
C1\SE NO. 84-2867
STIPULATION OF SETTLEMENT
COMES NOW the Petitioner, State of Florida, Department
of Community Affairs, and the Respondents, the Deltona Corpora-
tion and Collier County, and stipUlate to a settlement of the
above-captioned administrative appeal as follows:
1. Collier County Development Order 84-3 shall be
amended to include tho following conditions as part of Section
4/ 0, !l:
K. 1. Prior to issuanco of any building ~Qrmits by
Collier County for the Marco Shores project,
tho County shall certify to Florida Department
of Transportation (FOOT) that tho rlghtlil-of-way
within tho developer's property necessary for
the widoningof U. S. 41 and S. R.9Sl hDve
been obtained.
2. If Collier County does not adopt a "fair share"
impact fee ordinanco that will ensure that road-
way improvements necessary to mitigate the
project's traffic impacts are operational when
needed, then the developer will req1Jest and the
local government (Collier County) will make
substantial deviation determinations regarding
the transportation impacts of the project under
the following circumstances:
a) Before the issual,ce of tho 2S01st Certificate Of
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Occupancy (CO), if tho S. R. 951/0.$. 41 inter-
section is not operating at LOS "C" or better
during peak hOUrs on an avorage annual basis
as determined by the County En9ineer and FOOT I
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Deceroer 11. 1984
b) Before the issuance of the SOOlst CO, if
U. S. 41 does not consist of at least four
lanes from S. R. 951 to the Marco Shores
access road:
c) Before the issuance of the 7501st CO, if U. S.
41 does not consist of at least six lanes from
S. R. 951 to the Marco Shores access road, S. R.
951 does not contain at least six lanes from the
najor l'larco Shores accoss road (Which links
s. R. 951 to U. S. 41, and the U. S. 41/S. R. 951
intersection is not operating at LOS "c" or
better during the peak hour on an average annual
basis as detern\ined by the COunty Engineer and
FOOT.
3. If before each of the number of CO's are issued for
the project as indicated in Condition 2, the County
finds that the project is not or will not be sub-
stantially impacting the specified roadway system,
or the roadway improvements as specified in Condition
2, hb'/e been constructed, then further DRI review
will not be required. However, if the County finds
that the project is or will be substantially im-
pacting the roadway system as indicated in Condition
2; and the specified roadway improvements have not
been constructed, then DRI review will be required
to addross the transportation impacts of the Marco
Shores development.
4. Conditions 2 and 3 will be null and void if:
a) The county adopts an impact fee ordinance: and
b) The impact fee ordinance requires a developer
of Marco Shores to make his "fair share" con-
tribution to traffic improvements as determined
by the County Engineer.
2. The parties hereby request the hearing officer to
recommend that the Land and Water 1\djudicatory commission
adopt. the above-suggested amendment to collier County DevelOp-
ment Order 84-3.
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Oecettber 11. 1984
3. The parties further request the hearing officer
to canel the hearing presently set for December 5, 1984, in
Naples, Florida.
4. Each party shall bear its own attorney fees and
costs.
Datel~J..<7 IffY
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DQte:~. J',/11'1
BYI ~. "^ J.l1..~
Edgar M. MOore, Esq.
Moore, Williams & Bryant, P.A.
306 East college Avenne
Tallahassee, Florida 32301
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