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HomeMy WebLinkAbout1994-001RESOLUTION NO. 94-,1 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 HARBOR TOWN CENTER MALL DEVELOPMENT OF REGIONAL IMPACT (D.R.I.). WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida has adopted Resolution No. 89-31A (adopted March 28, 1989) establishing the Development Order approving the Harbor Town Center Mall Development of Regional Impact, and has adopted Resolution No. 89-128 (adopted September 26, 1989) amending said Development Order, and has adopted Resolution No. 92-13 (adopted January 28, 1992) amending said Development Order, and WHEREAS, the developer Petrie-Dierman-Kuhn, Inc., has formally applied for and has agreed to certain language changes within the Development Order (D.O.) relating to the extension of certain construction commencement and completion deadlines, the extension of the site plan submittal deadline, the extension of the D.O. termination date, the increase in maximum allowable commercial development by 49,900 square feet of gross leasable area, and the updating of perimeter buffer and project landscape requirements contained in the original D.O. resolution, 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 requested and proposed changes to the Development Order do not constitute a substantial deviation, pursuant to Chapter 380 Florida Statutes. 2. The notification of proposed change application and materials submitted on behalf of the developer, along with subsequent and related staff and applicant correspondence are hereby incorporated by reference into the Application for Development Approval (ADA) for the project. 3. All conditions and restrictions specified in the project Development Order (Resolution No. 89-31A, and as amended by Resolution No. 89-128 and Resolution No. 92-13), shall remain in full force and effect. 4. The D.O. termination date shall be March 28, 2013. 5. The maximum amount of commercial development within the project shall be increased from 747,000 square feet to 796,'900 square feet gross leasable area. 6. The mall site plan application submittal deadline in D.O. section 2.a. (reference Resolution No. 92-13) is extended from June 30, 1993 to June 30, 1996. 7. The mall construction commencement deadline in D.O. section 2.c.1. (reference Resolution No. 89-31A) is extended from December 31, 1993 to December 31, 1996. 8. The mall construction completion deadline in D.O. section 3 (reference Resolution No. 89-31A) is extended from December 31, 1996 to December 31, 1999. 9. The traffic analysis update and building permit issuance deadlines referenced in three instances in D.O. section 35 (reference Resolution No. 89-31A) are extended from December 31, 1993 to December 31, 1998. S t RESOLUTION NO. 94-_ 10. The aesthetics and landscaping D.O. section 6 (reference Resolution No. 89-31A) is hereby amended to read as follows: 1'6. The following requirements shall be incorporated into the site plans of Harbor Town Center and related outparcel and residential developments. a. Perimeter Landscape Buffers* The following buffers shall be established as follows: U.S. #1 Type "C" buffer 25 feet (minimum) with 3' opaque feature 53rd Street Type "C" buffer 25 feet (minimum) with 3' opaque feature North Relief Canal Type "D" buffer East Property Line Type "C" buffer 30 feet (minimum) with 6' opaque feature *buffers as defined in the county LDRs b. Parking Area Interior Landscaping At a minimum ten percent (108) of the total paved parking and driveway area shall be designated and improved as interior parking landscaped area (as described in the County Landscape Ordinance). C. Plant Material Size at Time of Installation The project's total tree requirements shall meet or exceed the county landscaping regulations in effect at the time of site plan approval. d. All healthy hardwoods found within the buffer yards described in paragraph "a." above shall be preserved. The foregoing resolution was offered by Commissioner Adams and the motion was seconded by Commissioner Eaaert , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Vice Chairman Ken Macht Commissioner Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert This Chairman thereupon declared the resolution duly passed and adopted this 4 day of laniary , 1994. INDIAN RIVER COUNTY COMMISSIONERS IMRVER CO�, FLORIDA A , ohn ppin 2 RESOLUTION NO. 94- 1 K APPROVED ASTO,Pi -,Nlft Robert M. Keati p.AICP,- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: William G. Collins - Deputy County Attorney u\c\s\htowndri.res 3 w