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RESOLUTION NO. 95- 64 <br />Resolution of the Board of County Commissioners of Indian <br />River County, Florida, making findings of fact and <br />conclusions of law pertaining to Indian River Mall, a <br />Development of Regional Impact, and constituting this <br />Resolution as an amended Development Order by Indian <br />River County in compliance with law; and providing an <br />effective date. <br />WHEREAS, on July 19, 1994, Indian River County adopted <br />Resolution No. 94-93 approving a development order (the <br />"Development Order") for Indian River Mall, a Development of <br />Regional Impact ("DRI"), pursuant to the provisions of Subsection <br />380.06, Florida Statutes; and <br />WHEREAS, on September 2, 1994, the State of Florida Department <br />of Community Affairs ("DCA") filed a Notice of Appeal to the State <br />of Florida Land and Water Adjudicatory Commission ("FLWAC") <br />appealing the Development Order, case no. APP -94-081 (the <br />"Appeal"); and <br />WHEREAS, on October 25, 1994, Indian River County adopted <br />Resolution 94-137 approving a first amendment to the Development <br />Order (the "First Amendment"), which fully resolved all issues on <br />appeal (hereinafter the Development Order, as amended by the First <br />Amendment shall be referred to as the "Development Order"); and <br />WHEREAS, on December 12, 1994, FLWAC entered a Final Order of <br />Dismissal of the Appeal; and <br />WHEREAS, ON March 29, 1995, DeBartolo Properties Management, <br />Inc. (the "Developer") filed a Notification of Proposed Change to <br />a Previously Approved Development of Regional Impact Subsection <br />380.06, Florida Statutes, for the Indian River Mall DRI (the <br />"Development") in accordance with Subsection 380.06, Florida <br />Statutes, (hereinafter the "Notification of Change"). This <br />Notification of Change is attached hereto and incorporated herein <br />as Exhibit "1"; and <br />WHEREAS, the Notification of Change proposed to amend the <br />Development Order to revise Conditions 39, 41, 42, and 44 of the <br />Development Order to establish the responsibilities for design, <br />rights-of-way acquisition, permitting, construction, and required <br />roadway improvements scheduling, under the Development Order; to <br />amend and restate Finding of Fact 5 of the Development Order to <br />recognize that the revisions to Conditions 39, 41, 42, and 44, <br />along with a local agreement for transportation impact fees and <br />credits approved by the county (which agreement shall not diminish <br />the obligations and responsibilities of the parties herein), and <br />along with the traffic monitoring conditions contained in the <br />Developer Order, will satisfy initial concurrency transportation <br />requirements; and to include a new legal description of the real <br />property subject to the Development Order in order to correct a <br />scrivener's error in the original approved legal description (the <br />"Proposed Changes"); and <br />WHEREAS, the Proposed Changes to the Development Order shall <br />constitute the second amendment to the Development Order; and <br />WHEREAS, the Board of County Commissioners, as the governing <br />body of Indian River County having jurisdiction, pursuant to <br />Chapter 380, Florida Statutes, is authorized and empowered to <br />consider the Notification of Change and the Proposed Changes; and <br />WHEREAS, the Board of County Commissioners, on May 23, 1995, <br />held a duly noticed public hearing on the Notification of Change, <br />in accordance with the requirements of Subsection 380.06, Florida <br />Statutes, and applicable local ordinances, and has heard and <br />considered testimony and evidence at such hearing; and <br />1 <br />