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RESOLUTION NO. 92- 68 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 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); 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 ±10.08 acres of property in the southwest corner of the project site (see Exhibit "A", legal description), deletion of the proposed resort hotel at the project marina, and project land use map changes; and WHEREAS, the proposed changes, including the addition of ±10.08 acres to the project, will result in no increase in commercial square footage allowed nor allow additional residential units to be constructed within the overall project site; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 1. The Board of County Commissioners finds that the proposed changes to the DRI plan and the addition of ±10.08 acres to the overall project site do not constitute a substantial deviation pursuant to Chapter 380 of the Florida Statutes. 2. The notification of proposed change application and materials submitted on February 24, 1992 by Dennis Matherne on behalf of the developer, GHA, Grand Harbor Ltd., along with subsequent and related staff and applicant correspondence are hereby incorporated by reference into the Application for Development Approval (ADA) for the project. 3. All conditions and restrictions specified in the project Development Order (Resolution 85-128), and all subsequent amendments (reference the Resolutions specified above), shall remain in full force and effect and shall be binding upon the ±10.08 acre site being added to the project. 4. The ±10.08 acre parcel described in Exhibit "A", attached, is hereby added to the project and approved for retail development. The updated legal description covering the overall DRI site is hereby recognized to be the legal description contained in Exhibit "B", attached. 5. The resort hotel development referenced on the project land use map is hereby deleted. No hotel development is approved for the project. In lieu of hotel development, residential land use is increased by 8.8 acres and limited to 150 dwelling units in the area previously approved for hotel use. 6. The previously approved 100,000 gross sq. ft. of retail commercial development allowed in the project marina is hereby allowed to remain in the marina area or to be transferred in part or in whole to the project shopping center site located between U.S. #1 and the Indian River Boulevard. The