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Amending Development Order approved by the BCC for the Grand Harbor Development of Regional Impact
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RESOLUTION NO. 92- 68 <br />RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br />AMENDING THE DEVELOPMENT ORDER (D.O.) APPROVED <br />BY THE BOARD OF COUNTY COMMISSIONERS FOR THE <br />GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT <br />(DRI) <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 85-128 (adopted October 23, 1985) <br />establishing the Development Order (D.O.) approving the Grand <br />Harbor Development of Regional Impact (DRI), and has amended the <br />adopted Development Order by the adoption of Resolution 86-4 <br />(adopted February 5, 1986), Resolution 86-89 (adopted October 20, <br />1986), Resolution 86-108 (adopted December 9, 1986), Resolution 87- <br />147 (adopted December 8, 1987), Resolution 89-80 (adopted August 8, <br />1989); and <br />WHEREAS, the project developer (GHA, Grand Harbor Ltd.) has <br />formally applied for and has agreed to certain changes to the <br />development approval relating to the addition of ±10.08 acres of <br />property in the southwest corner of the project site (see Exhibit <br />"A", legal description), deletion of the proposed resort hotel at <br />the project marina, and project land use map changes; and <br />WHEREAS, the proposed changes, including the addition of ±10.08 <br />acres to the project, will result in no increase in commercial <br />square footage allowed nor allow additional residential units to be <br />constructed within the overall project site; <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 proposed <br />changes to the DRI plan and the addition of ±10.08 acres to <br />the overall project site do not constitute a substantial <br />deviation pursuant to Chapter 380 of the Florida Statutes. <br />2. The notification of proposed change application and materials <br />submitted on February 24, 1992 by Dennis Matherne on behalf of <br />the developer, GHA, Grand Harbor Ltd., 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 85-128), and all subsequent <br />amendments (reference the Resolutions specified above), shall <br />remain in full force and effect and shall be binding upon the <br />±10.08 acre site being added to the project. <br />4. The ±10.08 acre parcel described in Exhibit "A", attached, is <br />hereby added to the project and approved for retail <br />development. The updated legal description covering the <br />overall DRI site is hereby recognized to be the legal <br />description contained in Exhibit "B", attached. <br />5. The resort hotel development referenced on the project land <br />use map is hereby deleted. No hotel development is approved <br />for the project. In lieu of hotel development, residential <br />land use is increased by 8.8 acres and limited to 150 dwelling <br />units in the area previously approved for hotel use. <br />6. The previously approved 100,000 gross sq. ft. of retail <br />commercial development allowed in the project marina is hereby <br />allowed to remain in the marina area or to be transferred in <br />part or in whole to the project shopping center site located <br />between U.S. #1 and the Indian River Boulevard. The <br />
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