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RESOLUTION NO. 89- 122' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE HARBOR TOWN CENTER MALL DEVELOPMENT OF REGIONAL IMPACT. WHEREAS, pursuant to the provisions of Chapter 380 Florida Stat- utes, the Board Of County Commissioners of Indian River County has adopted Resolution No. 89-31A establishing the Development Order approving the Harbor Town Center Mall Development of Regional Impact, and • WHEREAS, at the applicant's request, the County has withheld transmitting the adopted Development Order to the Treasure Coast Regional Planning Council and to the State Department of Community Affairs until minor amendments can be made to the Development Order as found in Indian River County Resolution No. 89-31A, and WHEREAS, the developer has formally applied for and agreed to certain language changes within the Development Order relating to the establishment of a "zoning covenant" and modifications relat- ing to parking space wheelstops, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUNTY, FLORIDA that the adopted Development Order (Resolution No. 89-31A) approving the Harbor Town Center be hereby amended as follows: SECTION 1: Paragraph 5. shall be added to the end of section 2.c. of the Development Order (pp. 3-6) and shall read as follows: 5. The develo er hereby covenants with the County that, in the eventthat the b9a11 Development Order is terminated, no plans S_ to develop commercial uses-- on the Mall site shall e submitted or approved for a period of at least nine months after Development Order termination. The purpose Th—Is covenant isto give the County the ability to reconsider the land use designation and zoning of the site in the event that Mall Development Order is terminated. The County in its discretion may waive this EE -11 SECTION 2: Section 13 of the Development Order (p. 11) shall be amended to read as follows: "13. To reduce the possibility of clogging any exfiltration trenches and to improve water quality, the following best management practices shall be followed - a. All curbed areas within the boundaries of the develop- ment shall be swept daily. All other parking and road surfaces shall be swept as necessary, but in no case less frequently than once per week. Sweeping shall be accomplished by vacuum type or vacuum regenerative type sweepers. Sweepers shall be equipped with speed gover- nors which will limit operating speed to no more than five miles per hour, b. T1A01AN(Y1Hf Parking stops or 004�4MOA4JIbhk which a100 may collect and concentrate contaminants, or which NY would interfere with effi- cient sweeping of the parking_ area, shall not be used on the project. The developer shall either use curbin or its equivalent or o tarn wheelsto waivers pursuant to County development requlations.1 CODIFICATION: Words in type are deletions. Words underlined are additions. 1