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Staff and the developer are now proposing that the Board of County Commissioners approve the proposed developer's agreement and modify the site plan approval conditions that relate to completion of the intersection improvements by project C.O. The proposed agreement and the recommended site plan modifications will satisfy the concerns of staff and the developer, and will resolve the appeal that has been filed. ANALYSIS• As part of the site plan application, the developer submitted a traffic analysis that was reviewed and approved by the public works department. That analysis indicated that the existing Oslo Road/27th Avenue S.W. intersection operates at an unacceptable level of service (LOS) during peak hour/peak season conditions and that the project impacts would further degrade the intersection LOS during the peak season. It should be noted that the recent improvement of 5th Street S.W. between 27th Avenue and 20th Avenue should alleviate a small amount of the traffic going through the Oslo Road/27th Avenue S.W. intersection. However, public works is of the opinion that the peak season LOS conditions of that intersection are still unsatisfactory. In accordance with traffic regulations [Section 952.07(9Xa)2. of the county's land development regulations], staff recommended to the Planning and Zoning Commission that site plan approval conditions be imposed, requiring that the intersection improvements be constructed prior to issuance of a C.O. The intersection improvements are depicted on the attached preliminary sketches (see attachment #6). Staff recommended such a condition to ensure that the intersection LOS would not be further degraded during peak season conditions. The Planning and Zoning Commission followed staff's recommendation and attached such conditions to the site plan approval. Since FDOT has had jurisdiction over 27th Avenue, public works staff has for the past few years attempted to get the state to improve the intersection to alleviate existing peak season LOS problems. In fact, public works staff tried to get the state to include the intersection improvements as part of the state's recent 27th Avenue resurfacing project. Those efforts, however, failed, and the intersection improvements have not been constructed. The state has now approved transferring the jurisdiction of 27th Avenue over to the county (see attachment #7). With that transfer the county alone is responsible for ensuring that the existing intersection problem is resolved and that the impacts from the Oslo Plaza Shopping Center development are adequately mitigated. Through negotiations with the developer, staff has agreed that the county should be in control of the intersection improvement project and that the intersection project should include the shopping center's turn lane improvements, so that road construction disruptions can be minimized. Staff and the developer have also agreed that shopping center construction and intersection improvement construction can be timed so that: The shopping center opens during the off-season (after April) when the Oslo Road/27th Avenue intersection LOS is not as critical; and 2. The intersection improvements can be constructed during the off-season during a time when disruptions from construction will be less severe, prior to the first peak season. In staff's opinion, the proposed developert agreement (see attachment #9) will ensure that the existing intersection problem will be fixed during the next available off season, that peak season conditions will not be degraded, that necessary public improvements will be properly coordinated with the shopping center turn lane improvements, and that the developer's timeframes will be accommodated. The Board should also note that, at an August 14, 1997 meeting, planning staff informed the Planning and Zoning Commission of the proposed developers agreement and proposed modifications to the site plan approval conditions. At the meeting, the Planning and Zoning Commission stated that they had no objections to the proposal (see attachment #8). RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Approve the attached developer's agreement, and 2. Modify the Oslo Plaza Shopping Center site plan approval conditions as follows: a. Delete condition 3.c. (currently requires intersection improvements to be completed prior to C.O.); and b. Modify condition 2.c. (currently requires intersection improvements to be completed prior to C.O.) to read as follows: AUGUST 26, 1997 19 ccOlr U w F�cE �