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10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS 10.A.1. DIVOSTA HOMES L.P.'S REQUEST FOR A CHANGE TO THE WATERWAY VILLAGE DRI DEVELOPMENT ORDER AND DEVELOPER'S AGREEMENT AND FOR ADOPTION OF A RESOL UTIONAPPROVING A SETTLEMENT AGREEMENT (QUASI -.JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling, through a PowerPoint presentation, provided background and analysis on DiVosta Homes, L.P.'s request to amend the Waterway Village Development of Regional Impact (DRI) Development Order (D.O.) through a Notice of Proposed Change (NOPC); to amend the Developer's Agreement; and to approve a Settlement Agreement, which would settle a lawsuit with the County regarding concurrency vesting. Director Boling explained that the Settlement Agreement would allow DiVosta to unbundle concurrency and prepay the impact fees for traffic only, whereas staff's position is that all concurrency facilities should be addressed as a bundle (pursuant to concurrency regulations), with all impact fees paid by December 31, 2015. Staff recommended that all of the above documents be approved, conditioned upon a change to the Amended Developer's Agreement, to require vesting of all concurrency components and payment of all impact fees by December 31, 2015. He acknowledged that the Planning and Zoning Commission (P&Z) recommends Board approval of the draft documents as presented, and said that the Board has the option to approve the documents by finding that the NOPC does not constitute a substantial deviation from the D.O. Director Boling responded to questions from Commissioner O'Bryan regarding drainage easements and the currency stipulations in the original settlement agreement with DiVosta. County Administrator Joseph Baird disagreed with staff's position, and explained why he felt the settlement with DiVosta would be advantageous at this time. 12 May 11, 2010