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BOOK 93 pmVU TO: James E. Chandler County Administrator DIYJATCIN HEAD CONCURRENC : ert M. eat n ,P Community Domv lopmen Dire;7r FROM: Stan Boling, AICP Planning Director DATE: October 17, 1994 SUBJECT: Proposed Amendments to the Indian River Mall (DeBartolo) Development Order It is requested that the data herein presented be given formal consideration by the Board'of County Commissioners at its regular meeting of October 25, 1994. BACKGROUND: At its July 19, 1994 meeting, the Board of County Commissioners reviewed the Indian River Mall DRI request as well as the corresponding comprehensive plan amendment and rezoning requests. At that meeting, the Board voted to approve the comprehensive plan amendment and rezoning requests and adopted the D.O. proposed by county staff and recommended by the Treasure Coast Regional Planning Council. As was reported to the Board during its consideration of these items, county staff coordinated extensively with other agencies (e.g. Treasure Coast Regional Planning Council (TCRPC), St. Johns River Water Management District (SJRWMD), Florida Department of Transportation (FDOT), and the Department of Community Affairs (DCA)] to try to ensure that a proposal acceptable to all agencies would be approved. At the time of consideration of these items, it was county planning staff's understanding that the requests, including the D.O. as proposed and as conditioned by both county and TCRPC staff, were acceptable to all agencies, including DCA. However, on the last day of its allowable appeal period (September 2, 1994), DCA filed an appeal of the D.O. with the State Land and Water Adjudicatory Commission. In a similar manner, DCA also found the project comprehensive plan amendments "not in compliance". Although many reasons for.the appeal are given within DCA's notice of appeal, the primary reason stated by DCA staff is that DCA wants to change the way in which the original D.O. assured that the project site would be used for regional mall/regional commercial development rather than general commercial development. Since the appeal, county staff, and primarily the applicant, have coordinated with DCA staff to come to an agreement on amendments to the comprehensive plan and the Indian River Mall D_.O. that address DCA 's -concerns. Based on these efforts, DCA has proposed and executed a stipulated settlement agreement with the county that addresses --PM's comprehensive plan amendment concerns. Similarly, a stipulated settlement agreement is proposed in relation to the 64 October 25, 1994