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BOOK fry�E 13 <br />i <br />doesn't take a hike on us and we end up with a hodgepodge of <br />commercial. Commissioner Scurlock, therefore, wished it clear on <br />the record that we would not be considering a rezoning of this <br />magnitude on this property unless it were for a regional mall. <br />Chairman Eggert believed this was the same as when we di -d <br />Shopco, and that is why i.n their Development Order, there is a <br />statement that if the project we.re not done in a certain period <br />of time, that we would rezone it back to its -original zoning. <br />Commissioner Scurlock asked the County Attorney if we were <br />to approve this rezoning and subsequently approve the Development <br />i <br />Order and if the developer spent a significant amount of the 8.5! <br />million proposed, got halfway through his concept and decided it <br />wasn't feasible, would he be vested in any way to continue on <br />with a commercial concept not associated with the mall? <br />Attorney Vitunac stated no, he would not. He would lose his <br />DRI, and he would have to come back and start all over. As to <br />the commercial status of the property, we have already signed off <br />on the D.O. restriction that says that if that DRI does not <br />occur, the County has 9 months to rezone it, and during that <br />time, he cannot do any other commercial use of the property. We <br />are comfortable with that, and that is the whole idea of a DRI. <br />It gives County Commissioners additional means to protect the <br />public because the project is of such an immense size that if it <br />goes wrong, it would ruin the County for generations to come. <br />Commissioner Scurlock again stressed that he just wants to <br />establish this for the record and asked the Attorney if he felt <br />very comfortable that if the developer has made 4 million of the <br />8 million dollars of improvements and he wants to change his <br />concept, we can take this back and rezone it, and Attorney <br />Vitunac stated yes. <br />Commissioner Scurlock asked if we would have to let the <br />developer complete that phase, and Attorney Vitunac explained <br />that the first phase is the mall and unless the developer comes <br />back in to get a phased project, the Board is in control. <br />30 <br />- M <br />