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J U L J9 1994 <br />800 � � � RESOLUTION NO. 94- 93113 <br />public necessity. Should a court enter an order finding no <br />public purpose or public necessity, and the transportation <br />conditions contained herein cannot be satisfied, the developer <br />must file for and obtain modification(s) to the development <br />order to ensure satisfaction of applicable transportation <br />level of service standards. No further building permits or <br />Certificates of Occupancy shall be issued until such <br />Development Order modification (s) are approved. No settlement <br />prior to jury award shall occur without the prior approval of <br />the developer. All attorney's fees, expert fees, and costs <br />associated with the County's exercise of its power of eminent <br />domain, including compensation to land owners, shall be borne <br />by the developer. <br />54. BUFFERING AND OPEN SPACE <br />a. The following required buffering provisions shall be <br />incorporated into the site plans of Indian River Mall and <br />related DRI project and outparcel developments and shall <br />be provided and maintained as follows: <br />•SR 60 frontage: A Type "C" buffer with 3' opaque <br />feature or its equivalent, as established in the county <br />land development regulations. <br />066th Avenue, 26th Street: A Type "D" buffer with 3' <br />opaque feature or its equivalent, as established in the <br />county land development regulations. <br />Buffers shall be provided with planted and/or existing <br />vegetation and shall be maintained between the referenced <br />road rights-of-way and development within the subject <br />site. <br />(1) The entire referenced buffer shall be provided on <br />or before December 31, 1999. No certificate of <br />occupancy (C.O.) shall be issued for the,project or <br />any portion of the project after December. 31, 1999 <br />unless the required buffer has been provided. <br />(2) No certificate of occupancy (C.O.) shall be issued <br />for the project or -any portion of the project <br />unless the required buffer is provided and <br />maintained between any of the referenced road <br />rights-of-way and any development within 300' of <br />any of the referenced road rights-of-way. <br />b. Buffering between project uses and adjacent uses shall be <br />provided and maintained as required in the county's land <br />development regulations in effect at the time a site plan <br />application is considered for approval or approval <br />extension. <br />C. The county's SR 60 special 75' building setback, as <br />established in the county land development regulations, <br />shall apply to all buildings on site. <br />d. Height, size, and type of all signs used within the <br />project shall be addressed in a developers agreement <br />between the developer and the county, approved by the <br />county prior to site plan release. <br />78 <br />