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- M did not think that is a problem from a concurrency standpoint. Commissioner Scurlock then brought up the problems that could occur with R/W acquisition, especially on 43rd Avenue, because once you exceed your L.O.S. standard, there can be a moratorium on all building affected by that, not just the mall, and he felt we should build in some flexibility in that regard if we can legally do it. Attorney Vitunac clarified that if the improvement is needed to handle the impact of the mail, then it has to be ready for that impact, whatever it is. That means if it is a road, it has to be able to handle traffic on the day the C.O. is issued. "Substantially complete" means it can handle traffic but you are not done with the other parts of it. The only way to get around that is to change your definition of what is required at a certain time period by this mall. The law allows you to phase in the improvements by when they are needed, but as long as you say you need 43rd for that mall on phase I, you have to have it ready. Commissioner Scurlock pointed out that he is looking for some flexibility not only for the mall but for development in that entire area. He is perfectly satisfied if we have directed Jim Davis to go ahead and build the improvement and we are acquiring the R/W and we are out there actually building the road but it is not quite on line -yet. He wants that flexibility and asked how we do'that legally. - Discussion continued.at length as to how t.his could be accomplished. Director Keating b"elieved there is still some . capacity "left in -43rd Avenue, and Director Davis felt if traffic counts show roadways are operating comfortably, we could issue a C.O. and have the improvement some months after but tie it to a monitoring condition. Questions continued as to how this will relate to concur- rency and whether we can be certain these improvements can be completed within the 3 -year period. Director Davis expressed his SEP 1990 63 Boor