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' <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 <br />