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RESOLUTION NO. 94- 67 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING A SUBSTANTIAL DEVIATION REQUEST AND AMENDING THE DEVELOPMENT ORDER (D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT (DRI) WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida has adopted Resolution 85-128 (adopted October 23, 1985) establishing the Development Order (D.O.) approving the Grand Harbor Development of Regional Impact (DRI), and has amended the adopted Development Order by the adoption of Resolution 86-4 (adopted February 5, 1986), Resolution 86-89 (adopted October 20, 1986), Resolution 86-108 (adopted December 9, 1986), Resolution 87- 147 (adopted December 8, 1987), Resolution 89-80 (adopted August 8, 1989), Resolution 92-68 (adopted May 5, 1992), Resolution 93-88 (adopted May 11, 1993); and WHEREAS, the project developer (GHA, Grand Harbor Ltd.) has formally applied for and has agreed to certain changes to the development approval relating to the addition of ±4.94 acres of property in the northwest corner of the project site (see Exhibit "A", legal description), addition of 200 boatslips to the project marina, and project land use map modifications reflecting these changes; WHEREAS, the proposed changes, including the addition of ±4.94 acres to the project, will result in no increase in commercial building square footage allowed nor allow additional residential units to be constructed within the overall project site; and WHEREAS, Resolution 93-88, amending the Development Order for the Grand Harbor Development of Regional Impact contained a scrivener's error with respect to the legal description of Parcel IX; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 1. APPLICATION FOR DEVELOPMENT APPROVAL Grand Harbor Application for Development Approval, Grand Harbor Transportation Reanalysis, and the conservation easement affecting the estuarine waterway are incorporated herein by reference. They are relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes, but not to the exclusion of other available information. Substantial compliance with the representations contained in these documents is a condition for approval. For the purpose of this condition, the above documents shall include the following items: a. Substantial Deviation Application for Development Approval dated February 7, 1994; b. "Grand Harbor Transportation Reanalysis" dated October, 1992, and supplemental data supplied December 14, 1992; and C. The conservation easement recorded February 3, 1992, in OR Book 0922, pages 2192 to 2215, public records of Indian River County.