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following is our rational for why we are respectfully asking you to reconsider the eligibility of these costs as credit to offset our Traffic Impact Fees. INDIAN RIVER TRAFFIC IMPACT FEES Pursuant to IRCCDD.com, "Impact fees are one time charges applied to new development, providing revenue for capacity producing capital improvements to accommodate the demand for those improvements generated by new development in order to maintain adopted levels of service." The reference to "capacity producing capital improvements" is critical to our underlying belief that we qualify for a credit for the costs for traffic and road improvements mandated by the County but paid for by us. Specifically, the improvements we are undertaking were driven by capacity -related issues raised by the County staff. THE "NEW" REQUIRED IMPROVEMENTS VERSUS EXISTING TRAFFIC CONDITIONS: Understanding the additional work that was requisite for securing our site plan approval is important but it's equally important to be aware of the traffic conditions that were pre-existing: (a detailed survey showing the pre-existing conditions is attached as Exhibit 8): 1) An existing access road serving the property, 2) An existing southbound deceleration lane that was constructed by the County, and 3) An existing 133" median allowing two step northbound turns into the access road. The new capital improvements that we are required to construct include the following: (a detailed color - coded survey showing all new work is attached as Exhibit ): 1) An extension of the pre-existing southbound deceleration lane that was constructed by the County which we understand was not FDOT compliant. 2) The addition of a new north bound 590' acceleration lane and taper on Indian River Boulevard including demolition and removal of the existing median, and 3) A new raised median "pork chop" in the existing center median cut including new markings and signage. The existence of the pre-existing traffic conditions provide support to our position. Namely, the existing improvements allowed for all operational function necessary for our Project: ingress/egress, right -in, right -out southbound turns and a two-step northbound turn. None of the newly required modifications provide any new functions. Instead, they only modify and expand the existing conditions to accommodate additional capacity and higher projected trip counts. These types of capital improvements are exactly what traffic impact fees are intended to cover. 162