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RESOLUTION NO. 98-_ 61 <br />engineer firm that is qualified by the Florida Department of Transportation in F(3.05), <br />Traffic Operation Studies, and G(3.06), Traffic Operation Design, or equivalent. Turning <br />movement counts will be conducted in the peak season period (January 1 -March 31), during <br />the two P.M. peak hours (4:00 to 6:00). An intersection analysis will be performed, using <br />the latest version of the Highway Capacity Software and the turning movement volumes <br />collected. At such time that the level of service of the intersection is determined to be below <br />level of service D, no further building permits shall be issued to Horizon Outlet Center, until <br />the construction of the second northbound left turn lane is funded and programmed for <br />construction. The results of the monitoring program shall be submitted to the Indian River <br />County Traffic Engineer, the Treasure Coast Regional Planning Council, and the Florida <br />Department of Transportation. The issue of building permits for the project shall cease if the <br />second northbound left turn lane is not constructed within one year of the date of the <br />intersection capacity analysis showing a level of service lower than D. <br />43. No building permits shall be issued after December 31, 2002, unless a traffic study has been <br />updated by the developer, and submitted to and approved by Indian River County, Florida <br />Department of Transportation and Treasure Coast Regional Planning Council which <br />demonstrate that the regional roadway network can accommodate the remaining (yet to be <br />generated) Horizons Outlet Center generated traffic and growth in background traffic beyond <br />2002 and still be maintained at Level of Service D during peak-hour/peak-season conditions. <br />The traffic Study shall: <br />a. be conducted in 2002, and <br />b. identify the roadway expansions and timing of these expansions necessary to provide <br />Level of Service D during peak-hour/peak season conditions for the subject <br />transportation network during the projected buildout of the project including project <br />impacts and growth in background traffic. <br />Additional building permits shall not be issued until: a) a new project phasing program and <br />roadway expansion program necessary to maintain acceptable levels of service for the <br />remainder of the developer has been approved by Indian River County, Florida Department <br />of Transportation, and Treasure Coast Regional Planning Council; and b) the Development <br />Order has been amended to reflect the new phasing program and set of additional roadway <br />expansions. <br />44. Commencing in 1999 and continuing every year thereafter, the developer shall submit, as <br />part of its Annual Status Report the status (schedule) of guaranteed improvements. This <br />Annual Status Report shall be submitted to Indian River County, the Florida Department of <br />Transportation, Treasure Coast Regional Planning Council, and the Department of <br />Community Affairs. <br />The Annual Status Report shall identify those roadway improvements which are needed to <br />maintain the applicable adopted level of service, the projected date of completion of the <br />improvement, the party responsible for the guaranteed construction of each improvement, <br />and the form of the binding commitment that guarantees construction of each improvement. <br />No further permits for Horizon Outlet Center shall be issued if the Annual Status Report <br />indicates that an identified road improvement included in the Development Order is no <br />longer scheduled or guaranteed, or has been delayed in schedule such that it is not guaranteed <br />to be completed or under construction consistent with the timing criteria established by the <br />Development Order. <br />HUMAN RESOURCE IMPACTS - <br />45. The developer shall develop and implement, in coordination with the Sheriffs Office, <br />comprehensive crime prevention through environmental design (CPTED) and security plan <br />to help minimize/manage the impact of law enforcement. This plan shall be coordinated <br />during the architectural design phase of the project (beyond the existing development and <br />the development approved under the PDA) and approved by the designated Crime Prevention <br />Practitioner with the Sheriff s Office prior to any additional building permits being issued <br />for the project. <br />46. The developer, through mall management, will continue to provide free of all charges the <br />present location of the Sheriffs Office substation within the Horizon Outlet Center, with <br />mutually agreed upon improvements and upgrades. Said substation location may be changed <br />upon mutual agreement between the Sheriffs Office and the developer, with notice of any <br />said change provided to the county planning division. <br />JUNE 291998 <br />0 <br />-53- <br />