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SEP 2 5 190 I 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 proposed D.O. closely resembles the staff report and' recommendations of the T.C.R.P.C.; few substantive changes have' been made. The order has been prepared to specifically tie the conditions to a particular and definable step in the county's! development approval and monitoring process. Thus, conditions 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.- NOTE: for ease of review, County staff, changes 'to the T.C.R.P.C. recommended D.O.. conditions are; represented by strike-throughs and underlining. i It should be noted that after approval of the Development Order the proposed uses would 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. CONDITIONS A copy of the recommended D.O. conditions is attached to this memorandum. 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 the various topics covered in the D.O. conditions.; 1. Commencement of Development This section states that if construction of any portion of the project has not commenced within three (3) years of D.O. approval, then the approval terminates. 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 ADDroval 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 provision contained in the county's subdivision and site plan ordinances. 3. Buffering and Open Space Because of the size of the project and the corresponding massive parking areas that would be unique to such a project, County staff expressed concerns to the developer about the importance of landscaping, as well as the visual impact a regional mall would have on the community's image, and the S.R. 60 corridor and adjacent areas. In staff's opinion, buffering should be required to avoid a strip commercial appearance along the project boundaries. The wetlands/detention area should provide a buffer of 'existing hardwood vegetation along the eastern border of the project and shall be designated as permanent open space. The D.O. requires buffers (existing and/or planted vegetation) along. the project's S.R. 60, 66th Avenue, and 26th Street borders. The buffers would be required where (and when) development comes within 300' of any of these road rights-of-way. Additionally, buffers are required (by applying the County's land development regulations) between commercial projects and adjacent residentially zoned areas. Thus, where preservation of existing vegetation is insufficient to meet County buffering standards, 54 ® M