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RESOLUTION NO. 9& 34 <br /> RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY,FLORIDA TERMINATING THE <br /> DEVELOPMENT ORDER(D.O.) FOR THE DEVELOPMENT OF <br /> REGIONAL MOACT(DRI)KNOWN AS THE HARBOR TOWN CENTER <br /> MALL <br /> WHEREAS,pursuant to the provisions of Chapter 380 Florida Statutes,the Board of <br /> County Commissioners of Indian River County,Florida adopted Resolution No. 89-31 A <br /> (adopted March 28, 1989)establishing the Development Order(D.O.)approving the Harbor <br /> Town Center Mall Development of Regional Impact(DRI);and adopted Resolution No. 89-128 <br /> (adopted September 26, 1989),Resolution No. 92-13(adopted January 29, 1992),Resolution <br /> No. 94.1(adopted January 4, 1994),and Resolution No. 94-68(adopted May 24, 1994)all of <br /> which amended said D.O.;and <br /> WHEREAS,the approved D.O. contains conditions(2.a.,2.c.1.,and 2.c.2.)that require <br /> site planning and development of the project within specific timet}ames;and <br /> WHEREAS,'according'to the D.O.,failure to meet the timeframes of these conditions <br /> results in termination of development approval;and <br /> WHEREAS,specifically,the developer has failed to meet these conditions,as follows: <br /> 1. [Condition 2.a.]Failed to submit to the county planning division a complete site plan <br /> application for any portion of the project on or before June 30, 1996. <br /> 2. [Condition 2.c.1.]Failed to commence any project construction on or before December <br /> 31, 1996. <br /> 3. [Condition 2.c.2.]Failed to complete all structural foundation elements for at least <br /> 320,000 square feet of mall building on or before July 29, 1997;and <br /> WHEREAS,since the time that the project was approved another regional mall(Indian <br /> River Mall)was approved,site planned,constructed,and occupied elsewhere in the county; and <br /> WHEREAS,the subject site is being re-designated and rezoned back to its pre-DRI status <br /> of approximately 15 acres commercial and 77.5 acres medium density residential. <br /> NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of <br /> Indian River County,Florida that,because the developer has failed to meet specific D.O. <br /> conditions and because the D.O.specified that failure to meet those conditions would result in <br /> termination of development approval,the D.O.and all previous DRI approval on the subject site <br /> is terminated and is null and void. <br /> The foregoing resolution was offered by Commissioner Eggert who moved its <br /> adoption. The motion was seconded by Commissioner Adams , and upon being put <br /> to a vote,the vote was as follows: <br /> Chairman John W.Tippin Aye <br /> Vice Chairman Kenneth R.Macht Aye <br /> Commissioner Fran B.Adams Aye <br /> Commissioner Carolyn K.Eggert Aye <br /> Commissioner Caroline D.Ginn Aye <br /> 1 <br />