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RESOLUTION NO. 94- 137 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 INDIAN RIVER MALL DEVELOPMENT OF REGIONAL IMPACT (D.R.I.) WHEREAS, on July 19, 1994 pursuant to Chapter 380 Florida Statutes, of Indian River County adopted Resolution No. 94-93 approving the Indian River Mall D.R.I.; and WHEREAS, on September 2, 1994 the Department of Community Affairs (DCA) filed a Notice of Appeal to the State of Florida Land and Water Adjudicatory Commission to appeal the Indian River Mall D.O.; and WHEREAS, to fully resolve DCA's concerns the following D.O. amendments are proposed and are approved so that DCA will file a voluntary dismissal with prejudice of the D.O. appeal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that the D.O. as contained in Resolution No. 94-93 be amended as follows: 1. That the fourth "WHEREAS" clause on page 1 of the D.O. be amended to read as follows: "WHEREAS, said Applicant proposes to construct 1,517,174 square feet, gross floor area, of retail development (945,364 square feet of regional mall, 404,979 of community shopping center, and 166,831 square feet of outparcel or peripheral retail) and a maximum of 7,685 parking spaces, constituting a Development of Regional Impact on the real property legally described in Exhibit "A" attached hereto and located in Indian River County, Florida; and" 2. That condition 2 of D.O be amended to read as follows: "Commencement and Progress of Development 2.(a). The developer ® shall commence significant physical development within QMWtwo years from the effective date of the Development Order, unless such timeframe is modified by the Board of County Commissioners. as Dart of a development agreement, to the Development Order. In the event the ueveioper =ails to meet the deadline, development approval shall terminate and the development shall be subject to further development -of -regional -impact review by the Treasure Coast Regional Planning Council, Department of Community Affairs, and Indian River County pursuant to Section 380.06, Florida Statutes. For the purposes of this paragraph, construction shall be deemed to have been initiated after placement of permanent evidence of a structure (other than a mobile home) on a site, such as Coding: Words in ® type are deletions from the existing D.O. Words underlined, except for headings, are additions. 1