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Despite the county having addressed DCA's ORC Report objections, DCA found the Indian River Mall Amendment not in compliance. DCA's noncompliance statement of intent, however, differed from its ORC Report in one significant way. In the ORC Report, DCA indicated that the county could adequately address DCA's objection by adopting a site specific policy ensuring that no 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. According to the Statement of Intent, the new regional commercial land use designation (Policy 1.26a on Attachment 4-) should allow only regional mall/regional commercial development that is approved through the DRI process. Thus, under DCA's proposal, the regional commercial land use designation will serve the same function as the DRI Development Order condition was to serve; that is to ensure that the site is developed with regional mall/regional commercial uses rather than general commercial uses. 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, the affected parties had two options. Essentially, these options were 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 supported the appeal option, the applicant's time constraints favored a negotiated settlement. • Stipulated -Settlement Agreement Shortly after receipt of RCA'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, and approved by the Board of County Commissioners on October 18, 1994. With the adoption of the Stipulated Settlement Agreement, the Board of County Commissioners agreed 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. With Board adoption of the subject 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 subject remedial amendments; and 2. request dismissal of the administrative hearing case for the Indian River Mall Amendment. 37 October 25, 1994 eoa P4L