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M general- commercial uses would be -constructed on the subject property -if the mall facility were not built.. With its noncompliance intent statement, however, DCA changed its recommended action to resolve the objection. Instead of a_site specific policy as recommended in the ORC report, the noncompliance intent statement indicated that the county had to create a new regional commercial land use designation and redesignate the subject property to that land use category. The significance of DCA's noncompliance finding is that the proposed Indian River Mall project cannot be built until that noncompliance determination is resolved. To resolve it, there are two options. Essentially, these are to negotiate a settlement with DCA staff or to appeal the issue through the administrative procedures process with an ultimate decision by the governor and cabinet, sitting as the Land and Water Adjudicatory Commission. While the facts in this case support the appeal option, the applicant's time constraints favor a negotiated settlement. Stipulated Settlement Agreement Shortly after receipt of DCA's Statement of Intent, county staff, DCA, and the applicant participated in negotiations to bring the Indian River Mall amendment into compliance. Subsequently, a Stipulated Settlement Agreement acceptable to all parties was drafted. That Stipulated Settlement Agreement was executed by DCA on September 13, 1994. With the adoption of the Stipulated Settlement Agreement, the Board of County Commissioners would agree to take the following remedial actions within 60 days: 1. adopt a remedial comprehensive plan amendment to create a new Regional Commercial land use designation; and 2. redesignate the 130.3 acre Indian River Mall site to the Regional Commercial land use designation. The above actions can and will be combined into one remedial comprehensive plan amendment which is scheduled for a public hearing before the Board of County Commissioners on October 25, 1994. If the Board does not approve the Stipulated Settlement Agreement, the remedial comprehensive plan amendment will be removed from the October 25, 1994, Board agenda and will not be considered by the Board. With the adoption of the Stipulated Settlement Agreement and the remedial amendments, DCA will take two actions to remove the noncompliance status of the Indian River Mall Amendment and thereby eliminate the threat of state financial sanctions. Those actions are: 1. issue a cumulative notice of intent addressing both the initial_ Indian River Mall Amendment and the remedial amendments; and 2. request dismissal of the administrative hearing case for the Indian River Mall Amendment. OCTOBER 18, 1994 17 BOOK FALL