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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
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