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1 <br /> RESOLUTION 2004- 137 <br /> A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br /> COUNTY, FLORIDA, MAKING. FINDINGS OF FACT AND. CONCLUSIONS OF LAW <br /> PERTAINING TO WATERWAY VILLAGE, A DEVELOPMENT OF REGIONAL IMPACT, <br /> AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY INDIAN <br /> RIVER COUNTY IN COMPLIANCE WITH LAW; PROVIDING FOR AN EFFECTIVE DATE <br /> AND PROVIDING A TERMINATION DATE. <br /> FINDINGS OF FACT <br /> WHEREAS, DiVosta and Company has filed a Development of Regional Impact Application for <br /> Development Approval in accordance with Section 380.06 Florida Statues; and <br /> WHEREAS, the applicant proposes to construct 1,596 ,residential dwelling units, community <br /> recreation improvements, and up to 20,000 square feet of neighborhood commercial <br /> uses together constituting a Development of Regional Impact on real property legally <br /> described in Exhibit"A" attached hereto and located in Indian River County, Florida; <br /> and <br /> WHEREAS, the Board of County Commissioners as the governing body of Indian River County <br /> having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and <br /> empowered to consider Applications for Development Approval for Developments <br /> of Regional Impact; and <br /> WHEREAS, the Board of County Commissioners on the 91h day of November held a duly noticed <br /> public hearing on the Development of Regional Impact Application for Development <br /> Approval and heard and considered the testimony taken thereat; and <br /> WHEREAS, it has been determined that the following findings of fact pertain to the Waterway <br /> Village development of regional impact: <br /> (a) The proposed development=-is not in an area of critical state concern <br /> designation,pursuant to the provisions of Section 380.06, Florida Statutes; <br /> (b) The State of Florida has not adopted a Land Development Plan applicable'to <br /> the area in which the proposed development is to be located; <br /> (c) The proposed development, subject to the conditions specified herein and <br /> conditions specified in the planned development approval granted by Indian <br /> River County, is consistent with the Comprehensive Plan and Development <br /> Laws and Regulations of Indian River County. <br /> CONCLUSIONS OF LAW <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a. Public meeting, duly <br /> constituted and assembled on the 9th day of November, 2004, that the Development of Regional <br /> FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Waterway Village Resoluation 2004-.rtf 1 <br />