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Board of County Commissioners Meeting Minutes - Final September 10, 2024 <br />including the four original department stores and the "common area" parcel. DTS <br />Properties (DTS) had acquired the former Macy's, the former Sears parcels, and <br />the common area parcel. After a thorough review, County staff evaluated DTS's <br />proposal to revitalize these parcels and integrate the existing JC Penney and <br />Dillard's parcels into the overall plans. DTS proposed demolishing the former <br />Sears building and adding new retail spaces, a hotel, a private school, and <br />residential apartments. <br />Mr. Sweeney stated that two "big picture" items were identified upon review of <br />the conceptual proposal, which would require formal amendments to the County's <br />Comprehensive Plan and Land Development Regulations (LDRs), respectively. <br />Item #1: Allowable uses within the RC, Regional Commercial future land use <br />designation. <br />The subject mall and adjacent commercial parcels have a Regional Commercial <br />(RC) land use designation. This designation was limited to regional retail and <br />shopping uses, as outlined in Policy 1.30 of the Comprehensive Plan's Future <br />Land Use Element. The Indian River Mall and surrounding properties were the <br />only areas in unincorporated Indian River County with this designation. <br />Item #2: Maximum building height within the Regional Commercial future land use <br />designation. <br />During the July 8, 2024, pre -application conference and subsequent meeting, <br />DTS proposed a five -story hotel with a 58 -foot height, which exceeded the <br />35 -foot maximum for unincorporated Indian River County. DTS expressed <br />interest in a formal amendment to create a third exception area for the mall and <br />was willing to reduce the height to 45 feet for a four-story hotel. <br />Mr. Sweeney responded to Commissioner Moss that there were two different <br />processes with different timelines. The Comprehensive Plan Tax Amendment <br />required public hearings by the Planning and Zoning Commission (PZC) and the <br />Board. The Height Text Amendment was a simpler LDR Amendment that only <br />involved the PZC Board and would not require a state review. Both processes <br />were planned to run simultaneously as they were connected. Staff would ensure <br />compatibility and add setbacks to prevent a 45 -foot height limit on the edge of the <br />perimeter. <br />Following further discussions between the Board and staff, Commissioner Earman <br />expressed his unwillingness to terminate the deal with developers based solely on <br />Indian River County Florida Page 20 <br />