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ALTERNATIVES AND ANALYSIS: °GENERAL APPROACH OF THE D.O. Hundreds of pages of description and analyses are contained in the ADA and supplemental reports which are incorporated by reference into the D.O. [NOTE: all of these materials are available for inspection at the Planning Department]. The D.O. sets the basic parameters of the development and specifies conditions that must be satisfied to mitigate any anticipated potential negative impacts caused by construction and operation of the project. The D.O. does not include all regulations that will apply to the project: in fact, the D.O. states that adoption of the D.O. "...does not obviate the duty of the developer to comply with all other applicable local, State, and federal permitting require- ments. The proposed D.O. closely resembles the staff report and recommen- dations of the T.C.R.P.C.; although a few substantive changes have been made with the knowledge of and comments from T.C.R.P.C. staff. The order has been prepared to specifically tie the conditions to a particular and definable step in the County's development approval and monitoring processes. Thus, the condi- tions of the proposed D.O., if approved, would become part of a standard checklist that would be reviewed during all steps in the review and monitoring of the project. It should be noted that after approval of the Development Order the proposed uses require only site plan approval. Thus, unless the Board of County Commissioners otherwise dictates (via an added D.O. condition), the Planning and Zoning Commission will have final approval authority for the detailed site planning.of this project. °THE PROPOSED D.O. A copy of the recommended D.O. is attached to this memorandum. As proposed, the development order will meet the requirements of F.S. 380.06. The order would be effective for a period of 20 years, but it would lapse if construction was not initiated within three years of the effective date. The following is a synopsis and explanation of various issue categories covered in the D.O. (1) Commencement of Development and Termination of Development Approval This section states that if construction of the commercial outpar- cels or residential site(s) of the project has not commenced within three (3) years of D.O. approval, then the approval termi- nates. This section also states that if construction of the mall portion of the project has not commenced by December 31, 1993, then the approval terminates. Furthermore, if the approval terminates for any reason the County will have a 9 month period in which to consider rezoning and redesignating the land use over the site. (2) Transfer of Approval This section would ensure that the project as a whole would remain unified as to the commitments, conditions, and obligations of the development order in the event that portions were sold -off. This transfer of approval provision is similar to the transfer pro- vision contained in the County's subdivision and site plan ordi- nances. FEB 2 8 1989 21 Baer 76 FkLE241