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RESOLUTION 2012- 0129 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN <br />RIVER COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND <br />CONCLUSIONS OF LAW PERTAINING TO WATERWAY VILLAGE, A <br />DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS <br />RESOLUTION AS AN AMENDMENT TO THE DEVELOPMENT ORDER BY <br />INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW; AND PROVIDING <br />FOR AN EFFECTIVE DATE. <br />FINDINGS OF FACT <br />WHEREAS, DiVosta Homes L.P. ("DiVosta") tiled a Development of Regional Impact <br />Application for Development Approval ("ADA') in accordance with Section 380.06 <br />Florida Statutes; and <br />WHEREAS, on November 9, 2004, the Indian River County Board of County Commissioners <br />approved the Development of Regional Impact and issued a Development Order <br />under Resolution 2004-137 and <br />WHEREAS, on May 11, 2010, the Indian River County Board of County Commissioners <br />approved an amended and restated Development Order under Resolution 2010-037; <br />and <br />WHEREAS, the applicant proposes to construct up to 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, <br />Florida; and <br />WHEREAS, <br />WHEREAS, <br />WHEREAS, <br />WHEREAS, <br />on June 24, 2011, DiVosta filed a Notification of Proposed Change to an Approved <br />Development of Regional Impact (`NOPC') requesting amendment to Development <br />Order Condition 72 regarding "Hurricane Preparedness"; and <br />through the NOPC review process, the applicant agreed to extend review timeframes <br />and agreed to revise the proposed Condition 72 amendment wording; and <br />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 Notifications of Proposed Change to an Approved <br />Development of Regional Impact; and <br />it has been determined that the following findings of fact pertain to the Waterway <br />Village development of regional impact and the proposed amendment: <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 />F:ACommunity Development\UsersVCurDesAR[:SOLUTION\2012 Resolutions\Waterway Village(safespace).DOC <br />1 <br />