10/25/1994 - Laserfiche WebLink

Home Browse Search

_I BOOK W PALL -60 The purpose of that request was to secure the necessary land use designation and zoning to develop the property as a regional shopping center. The Edward J. DeBartolo Corporation is proposing to construct a 945,364 square foot- regional mall, with. a 404,979 square foot community shopping center and 166,831 square feet of peripheral retail commercial space. The entire project is being reviewed as a Development of Regional Impact (DRI). • Adoption of Land -Use Amendment On February 10, 1994, the Planning and Zoning Commission voted 6-1 to recommend that the Board of County Commissioners transmit the Indian River Mall Land Use Amendment to DCA for their review. In March, 1994, the Board of County Commissioners voted 5-0 to transmit the Indian River Mall Land Use Amendment request to DCA. Consistent with state regulations, DCA reviewed the Indian River Mall Amendment and prepared an Objections, Recommendations and Comments (ORC) Report, which planning staff received on May 23, 1994. The ORC Report contained two objections to the Indian River Mall Amendment. Those objections dealt with the overallocation of commercial land in the county, and with the protection of endangered vegetation on the site. Attachment 5 is a copy of the ORC Report. On July 19, 1994, the Board of County Commissioners voted 5-0 to adopt the Indian River Mall Comprehensive Plan Amendment. Although the amendment's_ support document was revised to address DCA's objections, DCA, on September 7, 1994, issued a Statement of Intent to find the Indian River Mall Amendment "not in compliance". Attachment 6 is a copy of the Statement of Intent. • DCA's Objections In its Statement of Intent, DCA raised one objection. That objection, dealing with the overallocation of commercial land in the county, was similar to an objection raised in the ORC Report. The Statement of Intent's recommended action, however, was entirely different than the recommended action in the ORC Report. In both the ORC Report and the Statement of Intent, DCA expressed concern that there were insufficient safeguards to ensure that the subject property, if redesignated to C/I, could be developed only as a- regional mall site. DCA argued that the C/I designation allows a wide variety of general commercial and industrial development, for which there is already an overallocation of land. The county's position is that, since the. Indian River Mall Land Use Amendment is associated with a DRI, the county has special control which is not available in a normal rezoning or plan amendment. That control involves conditioning the DRI Development Order. In this case, the Development Order could ensure that the subject property would not be available for general commercial use (for which there is sufficient land currently available) by providing enough time for the county to redesignate and rezone the property if a regional mall was not constructed. The previously approved Harbortown Mall DRi Development Order contains such conditions, and the DRI Development Order associated with the Indian River Mall Land Use Amendment request also contains such conditions. Additionally, Future Land Use Element Policy 1.24 provides that land which has been redesignated from -residential to commercial/ industrial will revert to residential if development has not progressed within certain timeframes. 36 October 25, 1994