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800K MU 28 ANALYSIS As drafted, the proposed stipulated settlement agreement will resolve DCA's objections and allow the Indian River Mall project to proceed. Therefore, adoption of 'the agreement and subsequent adoption of the remedial amendments required by the agreement will meet both the county's and the applicant's objectives. For those reasons, the agreement should --be adopted. In that the agreement requires the county to expand the number of categories on its land use map, the agreement and amendment will add to the comprehensive plan's complexity. While adding one land use category will not have a significant effect, the concern is that DCA's philosophy is to address issues by adding single -purpose land use categories to comprehensive plan future land use maps. This can add to a proliferation of land use categories and change the function of a future land use map from being a more generalized, broad based tool to being the equivalent of a detailed zoning map. In this case, the new land use category will provide DCA with.the assurance that the site will be used only for regional commercial uses unless the site's land use designation is changed again in the future. To effect such a change, however, DCA will be involved through its review of the land use amendment needed to make such a change. While DCA feels that a land use map amendment is the minimum action necessary to ensure that use of the site will not increase the overallocation of general commercial land in the county, the staff feels that the development order condition imposed through the DRI process and thereby associated with the Indian River Mall land use amendment would be sufficient to provide DCA with its required assurances. Regardless, staff's position is that the stipulated settlement agreement, as proposed and executed by DCA, represents the most expedient resolution of the noncompliance issue. Therefore, staff recommends that the Board of County Commissioners adopt the proposed agreement. RECONMENDATION Staff recommends that the Board of County Commissioners approve the Stipulated Settlement Agreement regarding the Indian River Mall Amendment and authorize the Chairman to execute the Agreement. Community Development Director Bob Keating reported that the stipulated agreement, if executed, will bind both Darties. The County will agree to adopt the amendments and DCA agrees to issue a notice of intent and drop the alternative hearing. DCA has executed the agreement and it has already been advertised for next Tuesday. It is important to note that there are three options; (1) withdraw the plan amendment and forget the project, (2) appeal _ DCA's findings, or (3) execute the stipulated settlement agreement. Staff and the applicant feel the third alternative is best and that the agreement is something we can live with. OCTOBER 18, 1994 18 M M M