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BOOK 94 ont 9,85 <br />BACKGROUND: <br />As reported to the Board of County Commissioners in a previous <br />staff report, the DeBartolo Corporation has filed for an amendment <br />to the Indian River Mall development order (D.O.). The proposed <br />amendment, known as an NOPC (Notice of Proposed Change), would <br />change portions of the D.O. transportation conditions by specifying <br />county and developer responsibilities for various required road <br />improvements. <br />As part of the NOPC review process, the county must now set a date <br />for the public hearing at which the Board of County Commissioners <br />will: <br />1. Make a determination as to whether the request constitutes a <br />"minor amendment" or a substantial deviation, and <br />2. Consider adopting the proposed amendment, if the proposal is <br />considered a minor amendment. <br />ANALYSIS: <br />Over the last 3j weeks, county staff have provided verbkl and <br />written comments to DeBartolo representatives and agents regarding <br />the NOPC. Some of staff's comments are significant. As of the <br />date of this report, the applicant has not submitted to staff <br />responses and revisions to the proposed amendment. However, the <br />applicant has indicated that he will be responsive to staff's <br />comments and that he wishes to be scheduled for the May 23, 1995 <br />Board of County Commissioners meeting. Under required review and <br />advertising timeframes, that meeting is the soonest available <br />meeting at which the Board could act on the request. <br />If the applicant responds to staff's comments in a timely manner, <br />the NOPC can be reviewed by the Planning and Zoning Commission (as <br />required under the county LDRs) at its May 11, 1995 meeting. Such <br />a schedule for the Planning and Zoning Commission's review would <br />allow planning staff enough time to include the Commission's <br />recommendation in staff's report for the May 23rd Board meeting. <br />Therefore, it is staff's opinion that the applicant's request for <br />a May 23, 1995 Board hearing on the NOPC request can be <br />accommodated. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners set the <br />public hearing date for the Indian River Mall NOPC for the May 23, <br />1995 regular meeting of the Board of County Commissioners. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously scheduled <br />a public hearing _for May 23, 1995 at the regular <br />meeting of the BCC, as recommended by staff. <br />22 <br />MAY 2 1995 <br />