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NNW <br />RESOLUTION 2013-.n3 <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 AN AMENDMENT TO THE <br />DEVELOPMENT ORDER BY INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW, <br />AND PROVIDING FOR AN EFFECTIVE DATE. <br />FINDINGS OF FACT <br />WHEREAS, DiVosta Homes, L.P. ("DiVosta") filed a Development of Regional Impact Application <br />for Development Approval ("ADA") in accordance with Section 380.06 Florida <br />Statutes; and <br />WHEREAS, on November 9, 2004, the Indian River County Board of County Commissioners <br />approved the Waterway Village Development of Regional Impact and issued a <br />Development Order under Resolution 2004-137; and <br />WHEREAS, the Developer is in the process of constructing up to 1,596 residential dwelling units, <br />community recreation improvements, and up to 20,000 square feet of neighborhood <br />commercial uses together constituting the Waterway Village Development of Regional <br />Impact; and <br />WHEREAS, on May 11, 2010, the Indian River County Board of County Commissioners approved <br />an amended and restated Development Order under Resolution 2012-037; and <br />WHEREAS, on April 11, 2012, the Indian River County Board of County Commissioners approved <br />an amendment to the restated Development Order under Resolution 2012-029; and <br />WHEREAS, at this time, the Development Order requires the Developer to submit annual reports, <br />pursuant to Section 380.06(18), Florida Statutes; and <br />WHEREAS, Section 380.06(18), Florida Statutes specifies that development orders which require <br />annual reports may be amended to require biennial reports at the option of the local <br />government; and <br />WHEREAS, the Developer has requested that the Development Order be amended to require biennial <br />reports, instead of annual reports, in accordance with Section 380.06(18), Florida <br />Statutes; and <br />WHEREAS, the Board of County Commissioners as the govern <br />ing body of Indian River County, <br />having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and <br />empowered to amend the Development Order to require biennial reports instead of <br />annual reports; and <br />WHEREAS, the Board of County Commissioners of Indian River County has determined that <br />amending the Development Order to require biennial reports instead of annual reports <br />will not create the likelihood of any additional local or regional impacts and <br />CODING: Underline: Additions <br />Strike-tl�euglr: Deleted Text <br />F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts2013-_.doc 1 <br />