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5. Delete the third paragraph of transportation condition 49. <br />Public Works staf f , as well as planning staf f , agree that this <br />wording can be deleted since the first two paragraphs of the <br />condition accomplish the intent of the condition, which is to <br />require road construction project schedule information to be <br />contained in the project's annual DRI report. <br />County planning staff has no objections to the proposed D.O. <br />amendments, since the amendments will continue to ensure that the <br />site is developed for regional mall/regional commercial rather than <br />general commercial uses, and since the amendments will allow the <br />_ project to proceed in a manner, consistent with the project's <br />original DRI/D.O. approval. <br />The proposed stipulated settlement relating to the D.O. (see <br />attachment #3) is to be signed by the applicant, the county, and <br />DCA. County planning staff and Deputy County Attorney Will Collins <br />have reviewed the agreement and have no objections to it. Staff <br />notes that signing the agreement will facilitate the dropping of <br />DCA's D.O. appeal. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners: <br />1. Authorize the Board Chairman to sign the stipulated settlement <br />agreement relating to the development order (D.O.) amendments. <br />2. Adopt the resolution approving the amendments to the D.O. <br />Director Boling explained that this resolution amending the <br />development order approved on July -19, 1994 is related to the <br />Comprehensive Plan amendment in the prior agenda item. DCA was <br />consistent in appealing the Comp Plan amendment as well as the <br />development order. To address DCA concerns, there were two items <br />for the Board to consider. One was another settlement agreement to <br />respond to DCA's concern to allow them to withdraw their appeal. <br />The other was the resolution to amend the previous resolution and <br />development order. Director Boling distributed additional backup <br />material which included a proposed resolution, Findings of Fact and <br />minor changes dealing with the timing of DCA's withdrawal of their <br />appeal after the Comp Plan amendment is found in compliance. <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. There being none, he closed the <br />public hearing. <br />Dick Greco, representative of the DeBartolo Corporation, <br />anticipated -everything from here on to be reasonably routine. His <br />company is moving along, working on the project almost night and <br />day. He stated that this project is for real, finally.- They will <br />have ground breaking. He thanked the Board members and staff. He <br />October 25, 1994 <br />M <br />66 <br />M <br />M <br />