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r MAY 0 51992 BOOK F',,GE :0 RESOLUTION 92_68 2. The notification of proposed change application and materials submitted on February 24, 1992 by Dennis Matherne on behalf of the developer, GHA, Grand Harbor Ltd., along with -subsequent and related staff and applicant correspondence 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 specified above), shall remain in full force and effect and shall be binding upon the ±10.08 acre site being added to the project. 4. The t10.08 acre parcel described in Exhibit "A", attached, is hereby added to the project and approved for retail development. The updated legal description covering the overall DRI site is hereby recognized to be the legal description contained in Exhibit "B", attached. 5. The resort hotel development referenced on the project land use map is hereby deleted. No hotel development is approved for the project. In lieu of hotel development, residential land use is increased by 8.8 acres and limited to 150 dwelling units in the area previously approved for hotel use. 6. The previously approved 100,000 gross sq. ft. of retail commercial development allowed in the project marina is hereby allowed to remain in the marina area or to be transferred in part or in whole to the project shopping center site located between U.S. #1 and the Indian River Boulevard. The previously approved 165 dwelling units is allowed to remain in the area known as the Harbor Center south of Pod B. 7. The following language is added to the "TRANSPORTATION" section of the Development Order: "TRANSPORTATION A. The -developer shall not receive building permits for any portion of development of Grand Harbor after December 31, 1992, until a traffic analysis is conducted by the developer and submitted to Indian River County, Treasure Coast Regional Planning Council, the Department of Community Affairs, and the Florida Department of Transportation. The methodology to be. used in the traffic analysis shall be determined in agreement between Indian River County, Treasure Coast Regional Planning Council, the Department of Community Affairs, and the Florida Department of Transportation. The traffic analysis will address the following: a• projected timing of the remaining building permits and certificates of occupancy for the development of Grand Harbor; and b• identification of roadway and intersection Improvements necessary to.maintain Level of Service C during average annual conditions and Level of Service D during peak season conditions (peak hour, peak direction) for the subject transportation network during the projected buildout of the Project including project impacts and growth in background traffic. B• The developer shall not receive building permits and/or certificates of occupancy for the development of any portion of Grand Harbor after July 31, 1993, until the Transportation Section of the development order is amended to incorporate new and/or revised conditions that reflect the results of the traffic analysis identified in Condition A., above. - C. The developer shall not receive building permits for the development of any portion of Brand Harbor after March 31, 1993, until the traffic analysis identified in Condition A., above, has been approved by Indian River County, Treasure Coast Regional Planning Council, the Department of Community Affairs, and the Florida Department of Transportation. 26 1