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HomeMy WebLinkAbout2001-084 s RESOLUTION NO. 2001— 084 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 PRIME/HORIZON OUTLET CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI). WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida, adopted Resolution No. 98-61 (Adopted June 2, 1998; effective July 24, 1998) establishing the development order approving the Prime/Horizon Outlet center Development of Regional Impact (DRI); and WHEREAS, Prime Retail, L.P., owner/developer of the project (Prime Outlets) has formally applied for and has agreed to certain changes to the development order, and has filed a Development of Regional Impact Application for Development Approval with Indian River County, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, the authorized agents of the owner/developer are David S. Knight, P.E. and Ralph L. Evans, Trustee: and WHEREAS, the proposed development order changes include: extending certain project dates by four years, modifying certain traffic conditions, and reducing the DRI project size and intensity by removing a 1.35 acre "out parcel"that fronts S.R. 60; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 1. The Board of County commissioners finds that the proposed changes to the approved DRI development order do not constitute a substantial deviation pursuant to Chapter 380.06 of the Florida Statutes. 2. The Notification of Proposed Change To A Previously Approved Development of Regional Impact (DRI) application and materials submitted by the agent for the owner/developer, Prime Retail, L.P. , along with subsequent and related staff and applicant correspondence and all other related materials are hereby incorporated by reference into the Application for Development Approval (ADA) for the proj ect. 3. All conditions and restrictions specified in the project development order (Resolution 98-61) shall remain in full force and effect on the entire project area, except as modified by the development order changes contained in this resolution. 1 FACommunity Development\Users\CurDev\RESOLUT\resolution=01.doc RESOLUTION NO. 2001-084 4. The amended and reduced maximum allowable development within Phase II of the project is as follows: 310,000 sq. ft. commercial building floor area, 280 hotel/motel rooms, 12 screen cinema, and 7.5 acres golf/recreation and amusement. 5. The DRI project area is hereby reduced by 1.35 acres and the new project area is as shown and described in Exhibit "A", attached hereto and incorporated into the development order. 6. The previously referenced 1.35 acre tract is located at the southeast corner of 94th Court and S.R. 60, and contains a mixed hardwood wetland as identified on Map F3 of the original ADA. As required under development order condition 20, this and other mixed hardwood wetland areas are to be preserved. Therefore, as a condition of approval of the subject development order amendment request (NOPC), the developer has agreed to and is required to preserve the mixed hardwood wetland that covers a portion of the 1.35 acre tract, as shown on Exhibit "B" attached hereto. Said preservation condition shall be implemented through the local development review process at such time as plans are filed for development of the 1.35 acre tract. 7. The project development order language is modified as shown in Exhibit "C", attached hereto. PASSED AND ADOPTED in a public hearing held on this 11 thday of September 2001 The foregoing resolution was offered by Commissioner Macht who moved its adoption. The motion was seconded by Commissioner Ti ppi n , and upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Fran Adams Aye Commissioner Kenneth Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of Septembpr 2pnl 2 FACommunity Development\Users\CurDev\RESOLUT\resolution=01.doc RESOLUTION 2001-084 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY Caroline D. Ginn, Chai an Board of County Commissioners ATTEST( S Jeffery K. Barton, Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgements, personally appeared Caroline D. Ginn , and R%"Irit-C-1 a N7• RiDGELY as DEPUTY CLERK TO JEFFREY K. BARTON, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State as aforesaid this 11 th day of September , A.D., 2001 . Kimberly FJ Massung Notr%,P.>tbl. , APPROVED AS TO LEGAL SUFFICIENCY Qtl PLS, Kimberly E.Massung MY COMMISSION#CC855436 EXPIRES ��1� f '•, 7u 15,2003 �"Rf..` BONDED THRUTROY FAININSURANCE,INC William G. Collins, II Deputy County Attorney nD,A,S TO PLANNING AATTTERS C , o ert . Keating, AICP Community Development Di ector 7/11 3 VILESERVER\PUBLIC\Community Development\Users\CurDev\RESOLUT\resolution -01.doc