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RESOLUTION No.98-01 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA AMENDING THE DEVELOPMENT ORDER(D.O.)APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT(DRI) WHEREAS,pursuant to the provisions of Chapter 380 Florida Statutes,the Board of County Commissioners of Indian River County,Florida has adopted Resolution 85-128(adopted October 23,1985)establishing the development order approving the Grand Harbor Development of Regional Impact(DRI),and has amended the adopted development order by the adoption of Resolution 864(adopted February 5, 1986),Resolution 86-89(adopted October 20, 1986), Resolution 86-108(adopted December 9, 1986),Resolution 87-147(adopted December 8, 1987), Resolution 89-21 (adopted February 21, 1989),Resolution 89-80(adopted August 8, 1989), Resolution 92-68(adopted May 5, 1992),Resolution 93-88(adopted May 11, 1993),Resolution 94-67(adopted May 24, 1994);and WHEREAS,the project developer(GHA Grand Harbor,Ltd.)has formally applied for and has agreed to certain changes to the development order as follows:(I)an update of the project Master Development Plan and Phasing Plan and build-out dates,and(ii)the re-naming of the Office Parcel and Commercial Parcel located west of Indian River Boulevard and changing the nature of land uses allowed thereon;and WHEREAS,the proposed changes will result in no increase in the maximum allowable development intensity of the overall project; NOW THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Indian River County,Florida that: 1. The Board of County Commissioners finds that the proposed changes to the development approval do not constitute a substantial deviation pursuant to Chapter 380.06 of the Florida Statutes. 2. The Notification of Proposed Change To A Previously Approved Development of Regional Impact(DRI)application and materials submitted by the developer,GHA Grand Harbor,Ltd.dated October 14, 1997,along with subsequent and related staff and applicant correspondence and all other related materials are hereby incorporated by reference into the Application for Development Approval(ADA)for the project. 3. All conditions and restrictions specified in the project development order(Resolution 85- 128),and all subsequent amendments(reference the resolutions referenced above)shall remain in full force and effect on the entire project area. 4. As designated on the project Master Development Plan,the"Office Parcel"is re-named Pod West No. 1 and the"Commercial Parcel"is re-named Pod West No.2. 5. The updated project Master Development Plan as shown in "attached hereto is hereby incorporated into the development order and includes,among other things, the right to develop office,commercial and a maximum of 653 residential dwelling units on Pod West No. 1 and Pod West No. 2 pursuant to the terms and conditions set forth therein and as approved herein. No combination of commercial,office and/or residential uses is authorized on Pods West No. 1 and West No.2 that would result in the generation of more than 1,137 net new external two-way PM peak hour trips from Pod West No. 1 and Pod West No.2. 6. The updated Land Use and Phasing Plan as shown in Exhi ' " "attached hereto is hereby incorporated into the development order and includes,among other things,the extension of the phase II build-out from December 31,2000 to December 30,2005. 1