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SEP 2 5 190 <br />I <br />parameters of the development and specifies conditions that must; <br />be satisfied to mitigate any anticipated potential negative impacts <br />caused by construction and operation of the project. <br />The proposed D.O. closely resembles the staff report and' <br />recommendations of the T.C.R.P.C.; few substantive changes have' <br />been made. The order has been prepared to specifically tie the <br />conditions to a particular and definable step in the county's! <br />development approval and monitoring process. Thus, conditions of <br />the proposed D.O., if approved, -would become part of a standard <br />checklist that would be reviewed during all steps in the review and <br />monitoring of the project.- NOTE: for ease of review, County staff, <br />changes 'to the T.C.R.P.C. recommended D.O.. conditions are; <br />represented by strike-throughs and underlining. <br />i <br />It should be noted that after approval of the Development Order the <br />proposed uses would require only site plan approval. Thus, unless) <br />the Board of County Commissioners otherwise dictates (via an added! <br />D.O. condition), the Planning and Zoning Commission will have final <br />approval authority for the detailed site planning of this project.; <br />THE PROPOSED D.O. CONDITIONS <br />A copy of the recommended D.O. conditions is attached to this <br />memorandum. The order would be effective for a period of 20 years, <br />but it would lapse if construction was not initiated within three <br />years of the effective date. The following is a synopsis and <br />explanation of the various topics covered in the D.O. conditions.; <br />1. Commencement of Development <br />This section states that if construction of any portion of the <br />project has not commenced within three (3) years of D.O. approval, <br />then the approval terminates. This section also states that if <br />construction of the mall portion of the project has not commenced <br />by December 31, 1993, then the approval terminates. Furthermore, <br />if the approval terminates for any reason the County will have a <br />9 month period in which to consider rezoning and redesignating the <br />land use over the site. <br />2. Transfer of ADDroval <br />This section would ensure that the project as a whole would remain <br />unified as to the commitments, conditions, and obligations of the <br />development order in the event that portions were sold -off. This <br />transfer of approval provision is similar to the transfer provision <br />contained in the county's subdivision and site plan ordinances. <br />3. Buffering and Open Space <br />Because of the size of the project and the corresponding massive <br />parking areas that would be unique to such a project, County staff <br />expressed concerns to the developer about the importance of <br />landscaping, as well as the visual impact a regional mall would <br />have on the community's image, and the S.R. 60 corridor and <br />adjacent areas. In staff's opinion, buffering should be required <br />to avoid a strip commercial appearance along the project <br />boundaries. The wetlands/detention area should provide a buffer <br />of 'existing hardwood vegetation along the eastern border of the <br />project and shall be designated as permanent open space. The D.O. <br />requires buffers (existing and/or planted vegetation) along. the <br />project's S.R. 60, 66th Avenue, and 26th Street borders. The <br />buffers would be required where (and when) development comes within <br />300' of any of these road rights-of-way. <br />Additionally, buffers are required (by applying the County's land <br />development regulations) between commercial projects and adjacent <br />residentially zoned areas. Thus, where preservation of existing <br />vegetation is insufficient to meet County buffering standards, <br />54 <br />® M <br />