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Fr ­ <br />81992 <br />E ROOK 5 FtAl 41 <br />unanimously to recommend that the'Board determine that the request <br />is not a substantial deviation and approve the request as <br />recommended by staff at the conclusion of this. report -- .(see <br />attachment #4). <br />ANALYSIS: <br />*Determination: Not a Substantial Deviation <br />County, Department of Community Affairs (DCA), and Treasure Coast <br />Regional Planning Council (TCRPC) staff have reviewed the request <br />pursuant to FS 380.06 and have concluded that the request does not <br />increase project impacts and does not constitute a substantial <br />deviation and may be treated as a minor amendment. Thus, all staff <br />analyses indicate that the county should find that the request does <br />not constitute a substantial deviation. <br />*Effect of Request <br />The D.O. contains two project construction commencement deadlines, <br />which are as follows: <br />1. Commencement of project construction by March 28, 1992. This <br />deadline requires commencement of construction of either the <br />mall or at least 21500 square feet of gross building area of <br />commercial development on an outparcel by March 28, 1992. <br />2. Commencement of mall construction by December 31, 1993. This <br />deadline requires commencement of construction of the mall <br />building Itself by December 31, 1993. <br />The D.O. also contains two mall construction progress completion <br />deadlines, which are as follows: <br />A. Completion of mall structural foundation within 210 days of <br />commencement of mall construction. This deadline requires <br />that, once mall construction begins, the developer complete <br />the structural foundation within 210 days. <br />B. Completion of mall "shell" construction (within 24 months of <br />commencement of mall construction). . This deadline requires <br />that, once mail construction begins, the developer complete <br />the mall "shell" (foundation, exterior walls, roofing) within <br />24 months. <br />The current developer proposes to delete from the D.O. the <br />commencement of project construction deadline, described above as <br />deadline #1. All other deadlines would remain in effect. The <br />deadline #1" was included in the D.O. on the recommendation of the <br />TCRPC. It is the TCRPCCIs standard policy to have a three year <br />construction commencement deadline in a D.O. However, the TCRPC <br />staff have reviewed the proposed deadline deletion request and have <br />no objection to approval of the request (see attachment #3). <br />County staff, including public works, utilities services, emergency <br />services, and planning staff have reviewed the request and have no <br />objections to approval of the request. However, planning staff has <br />some concern that removal of the March 28, 1992 construction <br />commencement deadline could create a situation at the end of 1993 <br />where the developer and county staff could be "pressed for time" to <br />ensure that mall site plan approval and construction permitting is <br />completed in enough time for the developer to meet the December 31, <br />1993 mall construction deadline (reference deadline #2) <br />Therefore, planning staff has proposed and the applicant, through <br />its agent Steve Henderson, Esq., has agreed to include within the <br />D.O. a mall site plan application submittal deadline. Thus, the <br />D.O. could be amended to the satisfaction of the developer and <br />county staff by deleting the March 28, 1992 commencement of project <br />construction deadline and adding a June 30, 1993 mall site plan <br />application submittal deadline. <br />34 <br />