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Nov I IV, BOOK 81 PAGE U� <br />2. Staff has agreed with the applicant that a condition can be <br />included in the D.O. (#45, see attachment #1) which would <br />allow the developer an option to stage traffic improvements, <br />essentially phasing -in the .total package of necessary <br />improvements specified in the applicant's own traffic analysis <br />and incorporated into the Regional Planning Council <br />recommended D.O. Staff's proposed staging condition is an <br />option the developer may choose which requires security to be <br />posted to guarantee that the entire traffic improvement <br />package is completed, and also requires review and approval of <br />_the staging plan by the County, Treasure Coast Regional <br />Planning Council, and the Florida Department of <br />Transportation. Notwithstanding this condition, the applicant <br />always has an option to amend any adopted D.O. through normal <br />amendment procedures. <br />3. In regards to the timing of traffic improvements (condition <br />#40, see attachment #1), it is staff's opinion that the <br />required traffic improvements should be "substantially <br />complete" (able to properly handle traffic) prior to the <br />issuance of a certificate of occupancy (C.O.) for the project. <br />It should be noted that the proposed D.O. requires that <br />substantially complete improvements be in place prior to the <br />issuance of a C.O., as recommended by the Regional Planning <br />Council. Regional Planning Council staff has indicated that <br />a change in. the timing aspect of any traffic conditions <br />relating to any regional roadway (all roads specified in the <br />traffic conditions except 43rd Avenue) would be an appealable <br />issue. <br />Thus, it appears that the County could address the timing of <br />traffic improvements for 43rd Avenue without directly going <br />against Regional Planning Council policy. Although some <br />options exist within the language of the concurrency <br />provisions of state law and the County's LDRs that could apply <br />to the timing of 43rd Avenue improvements, the applicant <br />indicated in an October 25th meeting that the timing of the <br />entire package of traffic improvements should be treated <br />differently than what is currently proposed in the D.O. Due <br />to Regional Planning Council D.O. recommendations and policy, <br />and County staff's opinion that the required improvements <br />should be substantially complete prior to C.O., it is staff's <br />position that the D.O. language relating to the timing of <br />traffic improvements should not be changed. <br />4. The 66th Avenue -right-of-way contribution condition (#29, see <br />attachment #1)"is worded to accommodate any future expansion <br />of 66th Avenue or other public improvements to the east of the <br />existing 66th Avenue roadway. It appears that no official <br />approval or denial of any proposal to relocate or boulevard <br />the Lateral "A" canal will be given by the District unless and <br />until a formal proposal is submitted. Regardless of the exact <br />design solution selected, condition #39 as currently worded <br />requires a dedication of up to 70' of right-of-way to <br />accommodate any 66th Avenue design to expand improvements <br />eastward. <br />It should be noted that at the February 1990 public hearing to <br />transmit the project -related comprehensive plan amendment to <br />the State, the developer's representative committed the <br />developer to giving whatever right -of =way .is needed to <br />accommodate the expansion of 66th Avenue eastward. This <br />commitment pre-empted further discussion and inquiry into <br />certain mall project impacts on 66th Avenue and the adjacent <br />project :(Vista Plantation), and was relied -upon by public <br />hearing participants, and the County. <br />20 <br />- M <br />