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D.O. amendments, to ensure that DCA will drop its appeal if the <br />-- amendments are adopted. The appli-cant is now proposinT-amendments <br />to the D.O. that are consistent with the proposed stipulated <br />settlement agreement and that should address DCA's D.O. concerns.. <br />At its regular meeting of October 13, 1994)the Planning and Zoning <br />Commission voted unanimously to recommend that the Board of County <br />Commissioners adopt the proposed D.O. amendments. <br />ANALYSIS: <br />As with the Harbor Town Mall DRI D.O., the adopted Indian River <br />Mall D.O. contained a "reverter condition". This condition states <br />that, if the mall D.O. is terminated (e.g. due to lack of <br />construction or failure to meet construction deadlines), then the <br />developer cannot submit or receive approval for any commercial <br />development on the project site for a period of 9 months after <br />termination. The condition further states that, during the 9 month <br />"moratorium", the county can consider redesignating and downzoning <br />the property. DCA staff now say that they are not satisfied with <br />such a D.O. condition providing assurances that the site will be <br />used only for regional commercial uses. Instead, DCA proposes that <br />the county establish in .the comprehensive plan a "regional <br />commercial" land use category and that the county re -designate the <br />Indian River.Mall site as a "regional commercial" 'site. Under <br />DCA's proposal, the "regional commercial" land use category <br />policies will allow only regional mall/regional commercial <br />development that is approved: through the DRI process. Thus, under <br />DCA's proposal, a comprehensive plan designation rather than a D.O. <br />condition will be used to ensure that the site is developed with <br />regional mall/regional commercial rather than general commercial <br />uses. <br />Specifically, the proposed D.O. amendments are as follows: <br />1. Revise page 1 of the original D.O. to reference the maximum <br />number of project parking spaces at 71685. Planning staff's <br />analysis is that this will more than accommodate the total <br />number of spaces that are -likely to be required under the <br />county's -parking code (approximately 7,000). <br />2. Revise conditions 2.(a.), 2.(b.), and 2.(d.) of the D.O. to <br />require the developer to commence construction within 2 years <br />rather than 3 years, and to ensure that corresponding site <br />plan submittal and construction commencement timeframes are <br />also reduced, accordingly. <br />3. Delete condition 2.(e.), the "reverter condition", since the <br />proposed comprehensive plan amendment to redesignate the site <br />to the regional commercial land use plan designation will <br />ensure- that the site will develop only with regional <br />mall/regional commercial uses. The D.O. amendments should be <br />subject to adoption of the corresponding comprehensive plan <br />amendments to ensure that DCA's proposed assurances are in <br />place when the existing D.O. condition 2.(e.) assurances are <br />deleted. <br />Note: Other aspects of -the D.O., including conditions 2.(c.) <br />and 2.(d.) will continue to ensure that a regional mall <br />facility is constructed on the site prior to construction of <br />any other type of commercial facility. <br />4. Minor changes are proposed to reflect the fact that condition <br />2.(e.) will be eliminated -and some following conditions will <br />be re -numbered. <br />65 PAUIE (130 <br />October 25, 1994 <br />