1995-064 - Laserfiche WebLink

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WHEREAS, Subsection 380.06(19), Florida Statutes, requires that the Development Order be amended to reflect the approval of the Proposed Changes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that the Development Order, be amended as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The following Findings of Fact and Conclusions of Law are made: a. DeBartolo Properties Management, Inc. (the "Developer") submitted the Notification of Change to Indian River County, the Treasure Coast Regional Planning Council, the State of Florida Department of Community Affairs, and all affected agencies, as evidenced by the Developer's Certification attached hereto and incorporated herein as Exhibit "2"; and b. The Notification of Change, attached hereto and incorporated herein as Exhibit "1", proposed to amend the Development Order to revise Conditions 39, 41, 42, and 44 of the Development Order to establish the responsibilities for design, rights-of-way acquisition, permitting, construction, and the required roadway improvements scheduling under the Development Order; to amend and restate Finding of Fact 5 of the Development Order to recognize that the revisions to Conditions 39, 41, 42, and 44, along with a local agreement for transportation impact fees and credits approved by the county (which agreement shall not diminish the obligations and responsibilities of the parties herein), and along with the traffic monitoring conditions contained in the Development Order, will satisfy initial concurrency transportation requirements; and to include a new legal description of the real property subject to the Development Order in order to correct a scrivener's error in the original approved legal description, all as more particularly described in the Notification of Change (the "Proposed Changes"). This Notification of Change is attached hereto and incorporated herein as Exhibit "1"; and c. The Proposed Changes were considered by the Board of County Commissioners at a duly noticed public hearing held on May 23, 1995, pursuant to Subsection 380.06, Florida Statutes; and d. The Proposed Changes, attached hereto and incorporated herein as Exhibit "1", do not create a change to a previously approved Development of Regional Impact constituting a substantial deviation under the provisions of Subsection 380.06, Florida Statues, nor do they create any type of regional impact not previously reviewed by the regional planning agency pursuant to Subsection 380.06, Florida Statutes, and therefore the Proposed Changes do not constitute a substantial deviation under the provisions of Subsection 380.06(19), Florida Statutes; and e. The Proposed Changes are consistent with the State Comprehensive Plan; and f. The Proposed Changes are consistent with all local land development regulations and the local comprehensive plan; and 2