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BOOK 5 P.AU 186 <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. There being none, he closed the <br />public hearing. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Bird, the Board unanimously <br />determined that the request does not <br />constitute a substantial deviation request and <br />adopted Resolution No.. 95-64, as recommended <br />by staff. (VOTE: 4-0, Commissioner Adams <br />being temporarily absent) <br />RESOLUTION NO. 95- 64 <br />Resolution of the Board of County Commissioners of Indian <br />River County, Florida, making findings of fact and <br />conclusions of law pertaining to Indian River Mall, a <br />Development of Regional Impact, and constituting this <br />Resolution as an amended Development Order by Indian <br />River County in compliance with law; and providing an <br />effective date. <br />WHEREAS, on July 19, 1994, Indian River County adopted <br />Resolution No. 94-93 approving a development order (the <br />"Development Order") for Indian River Mall, a Development of <br />Regional Impact ("DRI"), pursuant to the provisions of Subsection <br />380.06, Florida Statutes; and <br />WHEREAS, on September 2, 1994, the State of Florida Department <br />of Community Affairs ("DCA") filed a Notice of Appeal to the State <br />of Florida Land and Water Adjudicatory Commission ("FLWAC") <br />appealing the Development Order, case no. APP -94-081 (the <br />"Appeal"); and <br />WHEREAS, on October 25, 1994, Indian River County adopted <br />Resolution 94-137 approving a first amendment to the Development <br />Order (the "First Amendment"), which fully resolved all issues on <br />appeal (hereinafter the Development Order, as amended by the First <br />Amendment shall be referred to as the "Development Order"); and <br />WHEREAS, on December 12, 1994, FLWAC entered a Final Order of <br />Dismissal of the Appeal; and <br />WHEREAS, ON March 29, 1995, DeBartolo Properties Management, <br />Inc. (the "Developer") filed a Notification of Proposed Change to <br />a Previously Approved Development of Regional Impact Subsection <br />380.06, Florida Statutes, for the Indian River Mall DRI (the <br />"Development") in accordance with Subsection 380.06, Florida <br />Statutes, (hereinafter the "Notification of Change"). This <br />Notification of Change is attached hereto and incorporated herein <br />as Exhibit 111"; and <br />WHEREAS, the Notification of Change proposed to amend the <br />Development Order to revise Conditions 39, 41, 42, and 44 of the <br />Development Order to establish the responsibilities for design, <br />rights-of-way acquisition, permitting, construction, and required <br />28 <br />May 23, 1995 <br />