HomeMy WebLinkAbout1998-034 RESOLUTION NO. 9& 34
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY,FLORIDA TERMINATING THE
DEVELOPMENT ORDER(D.O.) FOR THE DEVELOPMENT OF
REGIONAL MOACT(DRI)KNOWN AS THE HARBOR TOWN CENTER
MALL
WHEREAS,pursuant to the provisions of Chapter 380 Florida Statutes,the Board of
County Commissioners of Indian River County,Florida adopted Resolution No. 89-31 A
(adopted March 28, 1989)establishing the Development Order(D.O.)approving the Harbor
Town Center Mall Development of Regional Impact(DRI);and adopted Resolution No. 89-128
(adopted September 26, 1989),Resolution No. 92-13(adopted January 29, 1992),Resolution
No. 94.1(adopted January 4, 1994),and Resolution No. 94-68(adopted May 24, 1994)all of
which amended said D.O.;and
WHEREAS,the approved D.O. contains conditions(2.a.,2.c.1.,and 2.c.2.)that require
site planning and development of the project within specific timet}ames;and
WHEREAS,'according'to the D.O.,failure to meet the timeframes of these conditions
results in termination of development approval;and
WHEREAS,specifically,the developer has failed to meet these conditions,as follows:
1. [Condition 2.a.]Failed to submit to the county planning division a complete site plan
application for any portion of the project on or before June 30, 1996.
2. [Condition 2.c.1.]Failed to commence any project construction on or before December
31, 1996.
3. [Condition 2.c.2.]Failed to complete all structural foundation elements for at least
320,000 square feet of mall building on or before July 29, 1997;and
WHEREAS,since the time that the project was approved another regional mall(Indian
River Mall)was approved,site planned,constructed,and occupied elsewhere in the county; and
WHEREAS,the subject site is being re-designated and rezoned back to its pre-DRI status
of approximately 15 acres commercial and 77.5 acres medium density residential.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Indian River County,Florida that,because the developer has failed to meet specific D.O.
conditions and because the D.O.specified that failure to meet those conditions would result in
termination of development approval,the D.O.and all previous DRI approval on the subject site
is terminated and is null and void.
The foregoing resolution was offered by Commissioner Eggert who moved its
adoption. The motion was seconded by Commissioner Adams , and upon being put
to a vote,the vote was as follows:
Chairman John W.Tippin Aye
Vice Chairman Kenneth R.Macht Aye
Commissioner Fran B.Adams Aye
Commissioner Carolyn K.Eggert Aye
Commissioner Caroline D.Ginn Aye
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RESOLUTION NO. 9A- 34
The Chairman thereupon declared the resolution duly passed and adopted this 17 day of
March
BOARD OF COUNTY CohMSSIONERS
OF INDIAN RIVER COUNTY
BY
,co,�P''�•. J m W. PM nan
•• ,'�s "Board of County Commissioners
ATTEST_
State of Florida
County of Indian River
I HEREBY CERTIFY that on this day,before me, and officer duly authorized in this State
and County to take acknowledgments,personally appeared JOHN W. TIPPIN,and OM44. —
as DEPUTY CLERK TO JEFFREY K.BARTON,as Chairman of
B and 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,[�day of
�L A.D., 1998.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY !!N)//!J!JlIJIINI//lN/NJN/NIIJHNANIJNI
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William G. Collins IIElp.08/1 X000
Deputy County Attorn 14W3-NOTARY- .Nww.
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AP AS TO PLANNING MATTERS
Keating, CP
Community Development ' ector /
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