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Home My WebLink About1992-013RESOLUTION NO. 92- 13 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER (DO) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE HARBOR TOWN CENTER MALL 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 has adopted Resolution No. 89-31A establishing the Development Order approving the Harbor Town Center Mall Development of Regional Impact and has adopted Resolution No. 89-128 amending said Development Order, and WHEREAS, the developer has formally applied for and has agreed to certain language changes within the Development Order relating to the deletion of a March 28, 1992 project construction commencement deadline and the addition of a June 30, 1993 mall site plan application submittal deadline, and WHEREAS, the Board of County Commissioners has determined that the requested and proposed changes to the Development Order do not constitute a substantial deviation, pursuant to Chapter 380 Florida Statutes, NOW: THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that the adopted Development Order approving the Harbor Town Center Mall Development of Regional Impact, as amended, be hereby amended as follows: SECTION 1: Section 2 of the Development Order (reference pp. 3 - 6 of Resolution 89-31A, p. 1 of Resolution 89-128) shall be amended to read as follows: 2. COMMENCEMENT AND CONTINUATION OF DEVELOPMENT; TERMINATION OF DEVELOPMENT APPROVAL a. tiMall Site Plan Applicaon Submittal Deadline Coding: Words in ® type are deletions from existing law. Words underlined are additions. 1 RESOLUTION N0. 92- 13 b. Commercial Outparcels and Residential Development Site(s) 1. Development of the residential site(s) and the commercial outparcels (as referenced in the ADA) which are located entirely within the area described in Exhibit "A-2" may commence and proceed once all necessary development plan approvals and permits are obtained. 2. No site plan(s) shall be released and no building permit shall be issued for the development of the commercial outparcels (as referenced in the ADA) which are located outside of the area described in Exhibit "A-2" until the developer completes (as determined by the county building department) at least fifty percent (508) of the structural foundation elements (at, above, and below grade) necessary for the construction at least three hundred twenty thousand (320,000) square feet of regional commercial facility (mall) gross building area. C. Regional Commercial Facility (Mall) 1. In the event the developer fails to commence significant Physical development of at least three hundred twenty thousand (320,000) square feet of regional commercial facility (mall) gross building area, on or before December 31, 1993, development approval shall terminate and the development shall be subject to further development -of -regional -impact review by the Treasure Coast Regional Planning Council and Indian River County pursuant to Section 380.06, Florida Statutes. The developer shall notify in writing the Treasure Coast Regional Planning Council and Indian River County of the date significant physical development has commenced, and shall specifically identify by reference to an approved site plan the building(s) and area(s) within the initial mall construction phase. For the purposes of this paragraph, significant physical development shall be deemed to have commenced after placement of permanent evidence of a structure (other than a mobile home) on the subject site(s), such as the pouring of slabs or footings or any work beyond the stage of excavation, land clearing, or earthwork. 2. The developer shall complete (as determined by the county building department) all structural foundation elements (at, above, or below grade) for at least three hundred twenty thousand (320,000) square feet of regional commercial facility (mall) gross building area, within Coding: Words in ® type are deletions from existing law. Words underlined are additions. 2 RESOLUTION NO. 92-_13 two hundred ten (210) days of the commencement date as noticed by the developer to the Treasure Coast Regional Planning Council and Indian River County (reference c. I., above) for the building(s) and area(s) specifically identified by the developer as the initial mall construction phase. In the event the developer fails to complete construction within the prescribed deadlines, then, after at least 10 calendar days notice to the developer, the County may, upon hearing, revoke the mall site plan approval. 3. The developer shall complete "shell" construction of the initial mall construction phase within twenty-four (24) months from the commencement date as noticed by the developer to the Treasure Coast Regional Planning Council and Indian River County (reference c.l., above) for the area(s) specifically identified by the developer as the initial mall construction phase. In the event the developer fails to complete construction with the prescribed deadlines, then, after at least 10 calendar days notice to the developer, the County may, upon hearing, revoke the mall site plan approval. For purposes of this paragraph, "complete shell construction" is defined as completion of the building foundation, roofing, and exterior walls as depicted within the approved building permit plans, as verified by the county building department upon inspection of the building site. 4. With respect to paragraphs 2.c.2 and 2.c.3. above, the following shall apply. In the event that the developer shall be delayed or hindered in or prevented from the performance or any act or requirement under conditions 2.c.2. and 2.c.3 of this Development Order by reasons of strikes, lockouts or labor troubles; inability to procure due to general shortage, government rationing or regulation of labor, materials, equipment, facilities or sources of energy (including, without limitation, electricity, oil or gas); failure of power or transportation; riots, mob violence, sabotage, malicious mischief, insurrection or war; Acts of God, fire, earthquake, flood, hurricane, explosion or other casualty or other reason of a similar nature beyond the reasonable control of the developer in performing work or doing acts specified under the terms of conditions 2.c.2 and 2.c.3 of this Development Order, then, and in each such event, performance of such work or act shall be excused for the period of the delay (including the duration of both the actual delay and any consequential delays resulting therefrom) and any period set forth in conditions 2.c.2 and 2.c.3 of the Development Order in performance of any such work or act shall be extended for a period equivalent to the period of such delay (including the duration of both the actual delay and any consequential delays resulting therefrom). 5. The developer hereby covenants with the County that, in the event that the Mall Development Order is terminated, no plans to develop commercial uses on the Mall site shall be submitted or approved for a period of at least nine (9) months after Development Order termination. The purpose of this covenant is to 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 provision. Coding: Words in ® type are deletions from existing law. Words underlined are additions. 3 The Chairman thereupon declared the resolution duly passed and adopted this .2_ day of aaniiary , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY iC Chairma Carolyn Eggert ATTEST! �'J ffr ar o , ounty Clerk A�PROVED"A5 T PLANNING MATTERS: �'� Robert M. Kea in , t APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins, Deputy County Attorney �intn Nntr C� ACS.r ovcd pato \u\c\s\ghamend.res>-- I J_6 C re t.Isk Mgr `� Coding: Words in ® type are deletions from existing law. Words underlined are additions. 4