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Face / S <br />with such a condition, no reaction from either <br />F.D.O.T. or D.C.A. has been received at this time. <br />Concern #3.. In.accordance with past policy and regulations, the <br />T.C.R.P.C. and County staff proposed D.O. traffic <br />conditions requiring certain traffic improvements <br />to be. completed prior to the issuance of a <br />certificate of occupancy (C.O.) for the mall. The <br />developer has expressed concerns about possible road <br />right-of-way acquisition and road construction <br />delays, especially in regards to 43rd Avenue. After <br />conferring with DCA staff the county planning, <br />public works, and attorney's office staff. have <br />concluded that State requirements, as specified in <br />F.A.C. 9J-5.0055, allow concurrency to be satisfied <br />under any one of the four following "options". <br />Although the FAC 9J-5.0055 regulations allow any and <br />all of these options, local governments are not <br />required to allow all four options, and may restrict <br />or preclude options. The four options are: <br />1. A D.O. is issued with the condition that <br />necessary facilities be in place when the <br />impacts of the development occur (at the time <br />a development is allowed to open for business <br />or occupancy: at the time a C.O. is issued). <br />This is the way the T.C.R.P.C. staff report <br />and the D.O. prepared by county staff are <br />structured. <br />2. A binding developer's agreement is executed <br />committing the developer to provide that the <br />necessary improvements will be in place when <br />the development's impacts occur. Under Florida <br />law, a, D.O. constitutes a developer's <br />agreement. Thus, for DRI's, options 1 and 2 <br />are essentially the same. <br />3. A binding developer's agreement (or D.O. <br />conditions) is executed (or adopted) committing <br />the developer to have the required improvements <br />necessary to maintain the adopted levels of <br />service under construction within one year of <br />the issuance of the D.O. <br />4. The required improvements are scheduled in the <br />first 3 years of the County's 5 year Capital <br />Improvements Program (C.I.P.) and all nine of <br />the following criteria are satisfied. <br />1. A capital improvements element and a 5 - <br />year schedule of capital improvements <br />which, in addition to meeting all of the <br />other statutory and rule requirements, <br />must be financially feasible. The capital <br />improvements element and schedule of <br />capital improvements may recognize and <br />include transportation projects included <br />in the first three years of the applicable <br />adopted Florida Department of <br />Transportation five-year work program. <br />2. A 5 -year schedule of capital improvements <br />which must include both- necessary <br />facilities to maintain the adopted level <br />of service standards to serve the new <br />development proposed to be permitted and <br />the necessary ^facilities required to <br />44 <br />M <br />