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RESOLUTION NO. 94-,1 <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER <br />(D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR <br />THE HARBOR TOWN CENTER MALL DEVELOPMENT OF REGIONAL <br />IMPACT (D.R.I.). <br />WHEREAS, pursuant to the provisions of Chapter 380 Florida <br />Statutes, the Board of County Commissioners of Indian River County, <br />Florida has adopted Resolution No. 89-31A (adopted March 28, 1989) <br />establishing the Development Order approving the Harbor Town Center <br />Mall Development of Regional Impact, and has adopted Resolution No. <br />89-128 (adopted September 26, 1989) amending said Development <br />Order, and has adopted Resolution No. 92-13 (adopted January 28, <br />1992) amending said Development Order, and <br />WHEREAS, the developer Petrie-Dierman-Kuhn, Inc., has formally <br />applied for and has agreed to certain language changes within the <br />Development Order (D.O.) relating to the extension of certain <br />construction commencement and completion deadlines, the extension <br />of the site plan submittal deadline, the extension of the D.O. <br />termination date, the increase in maximum allowable commercial <br />development by 49,900 square feet of gross leasable area, and the <br />updating of perimeter buffer and project landscape requirements <br />contained in the original D.O. resolution, <br />NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners <br />of Indian River County, Florida that: <br />1. The Board of County Commissioners finds that the requested and <br />proposed changes to the Development Order do not constitute a <br />substantial deviation, pursuant to Chapter 380 Florida <br />Statutes. <br />2. The notification of proposed change application and materials <br />submitted on behalf of the developer, along with subsequent <br />and related staff and applicant correspondence are hereby <br />incorporated by reference into the Application for Development <br />Approval (ADA) for the project. <br />3. All conditions and restrictions specified in the project <br />Development Order (Resolution No. 89-31A, and as amended by <br />Resolution No. 89-128 and Resolution No. 92-13), shall remain <br />in full force and effect. <br />4. The D.O. termination date shall be March 28, 2013. <br />5. The maximum amount of commercial development within the <br />project shall be increased from 747,000 square feet to 796,'900 <br />square feet gross leasable area. <br />6. The mall site plan application submittal deadline in D.O. <br />section 2.a. (reference Resolution No. 92-13) is extended from <br />June 30, 1993 to June 30, 1996. <br />7. The mall construction commencement deadline in D.O. section <br />2.c.1. (reference Resolution No. 89-31A) is extended from <br />December 31, 1993 to December 31, 1996. <br />8. The mall construction completion deadline in D.O. section 3 <br />(reference Resolution No. 89-31A) is extended from December <br />31, 1996 to December 31, 1999. <br />9. The traffic analysis update and building permit issuance <br />deadlines referenced in three instances in D.O. section 35 <br />(reference Resolution No. 89-31A) are extended from December <br />31, 1993 to December 31, 1998. <br />