|
RESOLUTION NO. 95-64
<br />roadway improvements scheduling, under the Development Order; to
<br />amend and restate Finding of Fact 5 of the Development Order to
<br />recognize that the revisions to Conditions 39, 41, 42, and 44,
<br />along with a local agreement for transportation impact fees and
<br />credits approved by the county (which agreement shall not diminish
<br />the obligations and responsibilities of the parties herein), and
<br />along with the traffic monitoring conditions contained in the
<br />Developer Order, will satisfy initial concurrency transportation
<br />requirements; and to include a new legal description of the real
<br />property subject to the Development Order in order to correct a
<br />scrivener's error in the original approved legal description (the
<br />"Proposed Changes"); and
<br />WHEREAS, the Proposed Changes to the Development Order shall
<br />constitute the second amendment to the Development Order; and
<br />WHEREAS, the Board of County Commissioners, as the governing
<br />body of Indian River County having jurisdiction, pursuant to
<br />Chapter 380, Florida Statutes, is authorized and empowered to
<br />consider the Notification of Change and the Proposed Changes; and
<br />WHEREAS, the Board of County Commissioners, on May 23, 1995,
<br />held a duly noticed public hearing on the Notification of Change,
<br />in accordance with the requirements of Subsection 380.06, Florida
<br />Statutes, and applicable local ordinances, and has heard and
<br />considered testimony and evidence at such hearing; and
<br />WHEREAS, Subsection 380.06(19), Florida Statutes, requires
<br />that the Development Order be amended to reflect the approval of
<br />the Proposed Changes.
<br />. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
<br />COMMISSIONERS OF INDIAN RIVER COUNTY that the Development Order, be
<br />amended as follows:
<br />FINDINGS OF FACT AND CONCLUSIONS OF LAW
<br />1. The following Findings of Fact and Conclusions of Law are
<br />made:
<br />a. DeBartolo Properties Management, Inc. (the "Developer")
<br />submitted the Notification of Change to Indian River
<br />County, the Treasure Coast Regional Planning Council, the
<br />State of Florida Department of Community Affairs, and all
<br />affected agencies, as evidenced by the Developer's
<br />Certification attached hereto and incorporated herein as
<br />Exhibit 112"; and
<br />b. The Notification of Change, attached hereto and
<br />incorporated herein as Exhibit 11111, proposed to amend the
<br />Development Order to revise Conditions 39, 41, 42, and 44
<br />of * the Development Order to establish the
<br />responsibilities for design, rights-of-way acquisition,
<br />permitting, construction, and the required roadway
<br />improvements scheduling under the Development Order; to.
<br />amend and restate Finding of Fact 5 of the Development
<br />Order to recognize that the revisions to Conditions 39,
<br />41, 42, and 44, along with a local agreement for
<br />transportation impact fees and credits approved by the
<br />county (which agreement shall not diminish the
<br />obligations and responsibilities of the parties herein),
<br />and along with the traffic monitoring conditions
<br />contained in the Development Order, will satisfy initial
<br />concurrency transportation requirements; and to include
<br />a new legal description of the real property subject to
<br />2 9 95 PEE 107
<br />boa
<br />May 23, 1995
<br />
|