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MAY 24 1994- BooK W F-Au487 Chairman Tippin opened the Public Hearing and asked if anyone _ wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Commissioner Adams, the Board Resolution 94-68, amending the Town Center Mall D.R.I. Macht, SECONDED by unanimously adopted D.O. for the Harbor RESOLUTION NO. 94- 68 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 HARBOR TOWN CENTER MALL DEVELOPMENT OF REGIONAL IMPACT (D.R.I.). WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida has adopted Resolution No. 89-31A (adopted March 28, 1989) establishing the Development Order approving the Harbor Town Center Mall Development of Regional Impact, and has adopted Resolution No. 89-128 (adopted September 26, 1989) amending said Development Order, and has adopted Resolution No. 92-13 (adopted January 28, 1992) amending said Development Order, and has adopted Resolution No. 94-1 (adopted January 4, 1994), and WHEREAS, Attorney Steve L. Henderson on behalf of the project developer, CBL & Associates Properties, Inc., has formally applied for and has agreed to certain language changes within the Development Order (D.O.) relating to certain traffic conditions, and WHEREAS, the Treasure Coast Regional Planning Council and Department of Community Affairs have indicated no objections to approving the request and have indicated that the request does not constitute a substantial deviation, 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 requested and proposed changes to the Development Order do'not constitute a substantial deviation, pursuant to Chapter 380 Florida Statutes. 2. The notification of proposed change application and materials submitted on behalf of the developer, including the i transportation analysis performed by Rimley-Horn and Associates, Inc. dated October 1993, and including 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 No. 89-31A, and as amended by Resolution No. 89-128, Resolution No. 92-13, and Resolution No. 94-1), shall remain in full force and effect. 4. Development Order condition #32, as found in Resolution 89- 31A, is hereby amended as follows: 42