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construction project. The county's construction responsibility would involve work performed only within the 26th Street road right-of-way, and the developer would pay for the left turn lane servicing the project entrance. The developer would be responsible for constructing its 26th Street sub -lateral canal crossing and driveway improvements. Under the existing D.O. and the proposed amendment, this improvement must be completed prior to the mall opening (C.O.). Under the proposal, the county is committed to completing the improvement by September 1, 1996. Also, the developer would be responsible for installing a signal at the 26th Street/Northern Project Entrance, intersection, when warranted and approved by the county. The developer would be required to fund all maintenance and operation costs for such a signal via a signal maintenance agreement with the county. 6. SR 60/58th Avenue Intersection involves through and turn -lane improvements. The developer would be responsible for improvements that can be easily incorporated into the SR 60 six-laning project. The county would be responsible for improvements that can be easily incorporated into the 58th Avenue four-laning project. .These improvements will need to be completed or under construction prior to the mall opening (C.O.). The same concerns previously described about county timing commitments for the 58th Avenue four-laning improvements also apply to the 58th Avenue turn lane improvements. 7. SR 60/Access F Intersection improvements are the developer's responsibility and must be completed prior to the mall's opening (C.O.). 8. Allowable Delays language, similar to language contained in the approved Harbortown Mall D.O., accounts for possible delays beyond the control of the developer and county. Concurrency Finding The proposed amendment would also grant initial traffic concurrency vesting for the entire project, subject to: 1. A transportation impact fees and credits agreement that is to be approved by the Board of County Commissioners at a future date. [Note: As of the date of this report, staff -is waiting for the developer to submit design and cost information needed to evaluate the agreement.] 2: Traffic monitoring conditions contained in the existing D.O. 3. A December 31, 1999 build -out date, as stated in the existing D.O. and DRI application's traffic impact analysis. Thus, once the above referenced transportation impact fees and credits agreement is approved, the project would be vested for initial traffic concurrency through December 31. 1999.;, .RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Determine that the request does not constitute a substantial deviation request. 2. Adopt the attached resolution amending the Indian River Mall D.O., and approving the proposed changes. 23 BOOK 95 Rtl-)L 181 May 23, 1995